Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5369 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 8139 OF 2023 (MV-I) IN MFA No. 5369/2023 BETWEEN:
SRI SUNIL SAKPAL, S/O LAKSHMIPATHI G.H., AGED ABOUT 34 YEARS, R/O. CHINAKAVAJRA VILLAGE @ AND POST, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT. …APPELLANT (BY SRI SATHISHA T, ADVOCATE) AND:
1. SHIVAKUMAR, S/O LATE OBANNA, AGED ABOUT 41 YEARS, R/O BESIDE 4367, NEAR BASAVESHWARA TEMPLE, SANTHEPETE, SIRA TALUK, SIRA TOWN, TUMAKURU DISTRICT - 572 101.
2.
THE MANAGER, COLAMANDALM MS GENERAL INSURANCE COMPANY LTD., UNIT NO-4, 9TH FLOOR, LEVEL-6, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGARA, BENGALURU - 560 010. …RESPONDENTS (BY SRI H.S.LINGARAJU, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED VIDE ORDER DATED 27.08.2024) Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 19.04.2023 PASSED IN MVC NO.191/2022 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADHUGIRI.
IN MFA NO. 8139/2023 BETWEEN:
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, UNIT NO.4, 9TH FLOOR, LEVEL-6, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, RAJAJINAGAR, BENGALURU - 560 010, BY ITS ASSISTANT MANAGER (L). ...APPELLANT (BY SRI LINGARAJ H.S., ADVOCATE) AND:
1.
SUNIL SAKPAL L., NOW AGED ABOUT 34 YEARS, S/O LAKSHMIPATHI G.H., R/O CHINAKAVAJRA VILLAGE @ AND POST, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT.
2. SHIVAKUMAR, NOW AGED ABOUT 41 YEARS, S/O LATE OBANNA, R/A BESIDE BASAVESHWARA TEMPLE, SANTHEPETE SIRA TOWN, SIRA TALUK, TUMAKURU DISTRICT. ...RESPONDENTS (BY SRI SATHISHA T, ADVOCATE FOR R1;
R2 IS SERVED)
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO SET ASIDE/MODIFY THE JUDGMENT AND AWARD DATED 19.04.2023 PASSED IN MVC NO.191/2022 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADHUGIRI.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals are filed challenging the judgment and award dated 19.04.2023 passed by the Additional Senior Civil Judge and MACT, Madhugiri (for short, 'the tribunal') in MVC.No.191/2022. 2. MFA.No.5369/2023 is preferred by the claimant seeking enhancement of compensation being dissatisfied with the meager compensation awarded by the tribunal, whereas MFA.No.8139/2023 is preferred by the Insurance Company seeking to set-aside the judgment and award passed by the tribunal. 3. Parties to the appeal shall be referred to as per their status before the Tribunal. - 4 -
NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023
4. Brief facts of the case are as under: On 13.11.2011 at about 6.30 p.m., the claimant was returning from S.S.Computer Centre in front of TVV College, Madhugiri town from his native - Chinakavajra on his Bajaj discover motorcycle bearing registration No.KA-64/E-4081. At that time, a Mahendra vehicle bearing registration No.KA-06/AA-3506 came in a rash and negligent manner and dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. Hence, the claimant filed a claim petition seeking compensation. 4.1 On service of notice, respondents appeared through their counsel and filed their respective written statements, denying the averments made in the claim petition and sought for dismissal of the claim petition. 4.2 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded compensation of Rs.17,54,000/- with interest @ 6% p.a.
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023 and directed respondent No.2-Insurance Company to deposit the compensation amount within two months. 4.3 The claimant as well as the Insurance Company being dissatisfied and aggrieved by the judgment and award are before this Court challenging the same on several grounds urged in their respective appeals. 5. It is the vehement contention of the learned counsel for appellant-claimant that the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation. 6.
Per contra, learned counsel representing the respondent-Insurance Company contends that the tribunal has failed to take into consideration the material placed on record and has not appreciated the evidence adduced by the Doctor-PW.2, who has stated that the physical disability is 47% to the right lower limb and 10% to the facial disability, but there is no material placed on record
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023 to substantiate the same. It is also contended that the income taken by the tribunal is exorbitant. The tribunal has failed to take into consideration the contention of contributory negligence against the claimant, which has been negatived and is erroneous. On these grounds, he seeks dismissal of the appeal. 7. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company, the occurrence of the accident, involvement of the vehicle, the criminal case having been registered against the driver of the offending vehicle and injuries sustained by the claimant in the road traffic accident are all established and proved by the production of Exs.P1 to P17. 8. Now coming to the aspect of the age, avocation, income and disability, it is stated that the claimant was aged 30 years as on the date of occurrence of accident. The appropriate multiplier applied by the tribunal is '17', which does not call for interference and the same is
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023 retained. The Doctor has been examined as PW.2, who adduced evidence by stating that there is a disability of 47% to the right lower limb, 10% to the facial disability and 25% to the whole body, in view of the injuries sustained and surgeries conducted. Therefore, the disability assessed by the Doctor-PW.2 at 25% to the whole body, is accepted by the tribunal.
The tribunal taken the income of Rs.15,000/- per month as notional income on the basis of the Legal Services Authority, I do not find any good reason to interfere with the same, as no material is placed to either reduce or enhance the income. Though the learned counsel for claimant has sought for future prospects to be granted and on the contrary, learned counsel for the Insurance Company has sought for reduction of the disability assessed by the Doctor-PW.2, I am not inclined to accept the version of both the learned counsels on these two grounds, no material is placed or cogent evidence adduced to agree with either the reduction of the disability or the grant of future prospects. - 8 -
NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023 Hence, the compensation of Rs.7,65,000/- towards loss of income due to disability is retained. 9. The tribunal awarded Rs.8,44,000/- towards expenses relating to treatment and hospitalisation and medicines, Rs.20,000/- towards nourishment, food and attendant charges and Rs.45,000/- towards loss of income during laid up period, which do not call for interference and the same are retained. 10. The tribunal awarded Rs.30,000/- towards pain and suffering. However, this Court deems it appropriate to award Rs.50,000/- under this head. 11. The tribunal awarded Rs.50,000/- towards future medical expenses, whereas, PW.2-Doctor has adduced in his evidence that Rs.80,000/- would be required for future medical expenses. I deem it appropriate to award an additional amount of Rs.10,000/-. In all, the claimant would be entitled to Rs.60,000/-(Rs.50,000/- + Rs.10,000/-) under this head. - 9 -
NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023
12. The tribunal has not awarded any compensation towards loss of amenities. Considering the magnitude of the injuries, this Court deems it appropriate to award Rs.50,000/- under this head. 13. In view of the above, the claimant would be entitled to a total compensation of Rs.18,34,000/- as against Rs.17,54,000/- as mentioned in the table below: Heads Amount in Rs.
Loss of income due to disability 7,65,000-00 Expenses relating to treatment and hospitalization and medicines 8,44,000-00 Nourishment, food and attendant charges 20,000-00 Loss of income during laid up period 45,000-00 Pain and suffering 50,000-00 Future medical expenses 60,000-00 Loss of amenities 50,000-00 TOTAL 18,34,000-00
14. Though vehement contention has been made by the learned counsel for the Insurance Company for fastening the contributory negligence, I am afraid that the same cannot be accepted, as no material is placed to fix contributory negligence against the claimant and the same is negatived. - 10 -
NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023
15. Accordingly, I pass the following:
ORDER i) The appeals are disposed off; ii) The judgment and award dated 19.04.2023 passed by the Additional Senior Civil Judge and MACT, Madhugiri in MVC.No.191/2022 is modified; iii) The claimant is entitled to a total compensation of Rs.18,34,000/- as against Rs.17,54,000/- awarded by the tribunal; iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. within a period of four weeks from the date of receipt of a copy of this judgment; v) The original records shall be transmitted to the jurisdictional tribunal forthwith; vi) The amount in deposit by the Insurance Company before this Court shall be disbursed in favour of the claimant;
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NC: 2025:KHC:4572 MFA No. 5369 of 2023 C/W MFA No. 8139 of 2023 vii) All other terms and conditions stipulated by the tribunal shall stand intact. viii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK