MFA/4504/2020 of SMT. MEGHANA M PAI Vs SRI K H SURESH on 22 September 2026

ORAL JUDGMENT

1. These two appeals have been filed by the claimants/appellants seeking enhancement of compensation, being aggrieved by the common judgment and award dated 12.02.2020, passed in MVC Nos.5649/2018, 5650/2018, 5651/2018 and 5652/2018 on the file of the III Additional Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-18) (for short, ‘Tribunal’) and seeking enhancement of compensation. Brief facts of the case:

2. The facts of the case would indicate that, on 30/07/2018 at about 4:40 p.m., appellants and two others were proceeding as inmates of the car bearing No.KA-19-P- 8740 from Moodbidri to Bengaluru. When the said car reached near Bidanegere Village, Kunigal Taluk, at that time, the driver of the lorry bearing No.KA-06-D-6977, going in front of the car, while the driver of the car took the same towards his right side in order to overtake the said lorry, the driver of the lorry suddenly took the said

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lorry towards the right side in a rash and negligent manner. At that time, the driver of the car had no room to move to go right side, as a result of which, the accident occurred. Consequently, appellants had sustained grievous injuries. Immediately, they had been shifted to the Government Hospital at Kunigal where they took treatment and they were shifted to M.S. Ramaiah Hospital, Bengaluru, for further treatment.

3. The appellants herein, being the claimants in MVC No.5650/2018 and MVC No.5652/2018, had preferred the claim petitions and sought for compensation for the injuries sustained to them. The Tribunal awarded compensation of Rs.3,96,910/- and Rs.93,789/- respectively.

4. Heard Sri Nagaraja Hegde, learned counsel for the appellants, Sri C.R. Ravishankar, Advocate for respondent No.2 and Sri L. Sreekanta Rao, Advocate for respondent No.4.

5. The submission of the learned counsel for the claimants- appellants is that the compensation awarded by the

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Tribunal under the different heads has not been in consonance with the settled principles of law. In fact, the compensation ought to have been enhanced and granted to the appellants. However, the Tribunal ignored in considering the said aspect. Consequently, it is required to be enhanced under different heads in order to secure the ends of justice to the appellants. Having said thus, learned counsel for the appellants prays to allow these appeals.

6. The learned counsel for the respondent Nos.2 and 4 - Insurance Companies vehemently justified the award passed by the Tribunal and submits that the Tribunal, after assessing the evidence on record along with the documents, awarded adequately which requires no interference. Having said thus, learned counsel for the respondent Nos.2 and 4 pray to dismiss the appeals.

7. Having heard learned counsels for the respective parties and also on perusal of the findings of the Tribunal, MFA No.4504/2020 arises out of MVC No.5650/2018 wherein the Tribunal has awarded Rs.3,96,910/-, whereas, MFA

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No.1125/2021 arises out of MVC No.5652/2018 wherein the Tribunal has awarded Rs.93,789/-, which appear to be on lower side and required to be reassessed.

8. Consequently, the award of the Tribunal is modified and the appellant in MFA No.4504/2020 would be entitled to the compensation as under:- Sl. No.

Particulars Award amount (in Rupees) Tribunal This Court

Towards Pain & suffering 40,000 50,000

Towards Loss of amenities 20,000 30,000

Towards Nourishment, Conveyance & attendant charges 10,000 10,000

Towards Medical expenses 1,99,910 2,62,157

Towards disfiguration 60,000 60,000

Towards loss of income during laid up period and rest period (8500x3=25500) 17,000 25,500

Future medication 50,000 50,000

TOTAL 3,96,910 4,87,657

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Thus, the appellant in MFA No.4504/2020 is entitled to the total compensation of Rs.4,87,657/- as against Rs.3,96,910/- (enhanced compensation is Rs.90,747/-), along with 6% interest per annum from the date of petition till its realization.

9. The appellant in MFA No.1125/2021 would be entitled to the compensation as under:- Sl. No.

Particulars Award amount (in Rupees) Tribunal This Court

Towards Pain & suffering 20,000 30,000

Towards Loss of amenities 5,000 15,000

Towards Nourishment, Conveyance & attendant charges 3,000 3,000

Towards Medical expenses 33,789 33,789

Towards disfiguration 25,000 45,000

Towards loss of income during laid up period and rest period (8500x2=17000) 7,000 17,000

TOTAL 93,789 1,43,789

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Thus, the appellant in MFA No.1125/2021 is entitled to the total compensation of Rs.1,43,789/- as against Rs.93,789/- (enhanced compensation is Rs.50,000/-), along with 6% interest per annum from the date of petition till its realization.

10. In the light of the observations made above, I proceed to pass the following:-

ORDER

i) Both Miscellaneous First Appeals are allowed in part.

ii) The judgment and award dated 12.02.2020, passed in MVC No.5650/2018 on the file of the III Additional Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-18), is modified, granting compensation of Rs.4,87,657/- (Rupees Four Lakhs Eighty Seven Thousand Six Hundred Fifty Seven only) as against Rs.3,96,910/- awarded by the Tribunal.

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iii) The judgment and award dated 12.02.2020, passed in MVC No.5652/2018 on the file of the III Additional Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-18), is modified, granting compensation of Rs.1,43,789/- (Rupees One Lakh Forty Three Thousand Seven Hundred Eighty Nine only) as against Rs.93,789/- awarded by the Tribunal.

iv) The appellants in MFA.No.4504/2020 and MFA.No.1125/2021 are entitled to enhanced compensation of Rs.90,747/- and Rs.50,000/- respectively with interest at the rate of 6% per annum from the date of these appeals till realization.

v) The respondent Nos.1 to 4 are jointly and severally liable to pay the enhanced compensation. The respondent Nos.2 and 4 are directed to pay 85% and 15% of the enhanced compensation amount respectively,

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within a period of six weeks from the date of receipt of the certified copy of this judgment.

vi) The Tribunal is directed to release the entire amount in favour of the appellants herein, on proper identification.

vii) The Registry is directed to communicate the order to the Tribunal and send the records to the Tribunal forthwith.

Sd/- (S RACHAIAH) JUDGE

Bss List No.: 1 Sl No.: 10