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(2024) Law Today Live Doc. Id. 19026 = 2024(2) L.A.R. 132
Decided on: 05.03.2024
For Petitioner(s):
Mr. Manjunath Meled, Adv., Mr. Sandeep Sharma, Adv., Mrs. Vijayalaxmi Udapudi, Adv., Mr. Ganesh Kumar R., AOR,
For Respondent(s):
Mr. Salil Paul, Adv., Mr. Sahil Paul, Adv., Ms. Manjeet Chawla, AOR, Mr. Sandeep Dayal,, Adv., Ms. Kanupriya Mehta, Adv.
Motor Vehicles Act, 1988 (59 of 1988), Section 166, 173 -- Compensation in motor vehicle accident case – Injury case -- Compensation of Rs.17,04,451/- along with interest @ 6% per annum awarded -- Due compensation was not determined under different heads -- Right leg from below the knee was amputated for artificial limb, no amount was granted -- Appellant was working as a welder, this aspect should have been given due consideration -- Global enhancement of Rs.3,00,000/- additionally granted in the interest of justice.
(Para 8-11)
ORDER
Leave granted.
2. The appeal is directed against the judgment dated 13.07.2022 passed by the High Court of Karnataka at Bengaluru in Misc. First Appeal No. 711/2020 (MV).
3. Heard learned counsel appearing for the appellant and learned Standing Counsel appearing for the respondent No.1-Insurance Company.
4. The appellant met with an accident at the age of 33 years which resulted in amputation of his right leg below the knee. The incident had occurred on 01.01.2017. He filed an application for compensation under Section 166 of the Motors Vehicles Act,1988, claiming a compensation of Rs.25,00,000/- with interest.
5. The Tribunal awarded compensation along with interest at the rate of 6% per annum.
6. However, taking note of the contributory negligence on his part, which was fixed as 20%, he was awarded compensation of Rs.10,70,627/-.
7. Seeking enhancement of the amount of compensation, he filed MFA No. 711/2020 which culminated in the impugned judgment.
8. As per the impugned judgment, the High Court enhanced the compensation to Rs.17,04,451/- along with interest @ 6% per annum from the date of filing of the claim petition till realization. Since, the appeal was filed with a delay of 192 days, it was ordered that the appellant-claimant would not be entitled to get interest during the period of delay.
9. After hearing the learned counsel for the parties and after going through the impugned judgment and moreover, taking note of the different heads under which the compensation was granted to the appellant, we found that due compensation was not determined under different heads. Though, it is a fact that his right leg from below the knee was amputated for artificial limb, no amount was granted.
10. Taking note of the fact that the appellant was working as a welder this aspect should have been given due consideration.
11. However, we are of the view that we need not consider the adequacy or otherwise of compensation given under the different heads and the interest of justice can be met by granting a global enhancement of Rs.3,00,000/- additionally. It is ordered accordingly, and the impugned judgment stands modified to that effect.
12. The enhanced amount shall be disbursed within a period of two months from today. In case of failure to disburse the enhanced amount of Rs.3,00,000/-(Rupees Three Lakhs only) within the above stipulated period, the said amount will carry interest at the rate of 7% per annum from the date of the impugned judgment i.e., 13.07.2022.
13. The appeal is partly allowed with the above terms.
14. Pending application(s), if any, shall stand disposed of.
Appeal partly allowed.
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