K. K. Bhaskaran vs. Laxman Ganiga

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2025 (Arising out of SLP (C) No. 5689 of 2022)

K. K. BHASKARAN Appellant (s)

VERSUS

LAXMAN GANIGA & ANR. Respondent(s)

O R D E R

1. Leave granted.

NIDHI AHUJA

11:00:56 IST Reason:

2. Arising out of an order dated 26.05.2021 of the High Court of Karnataka passed in MFA No.2059 of 2019, an appeal under the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act' for short), enhancing the compensation as awarded by the Motor Accident Claims Tribunal (hereinafter referred to as 'Tribunal' for brevity) from Rs.8,61,241/- to Rs.9,51,241/-, the present appeal has been filed by the appellant/claimant seeking further enhancement. Digitally signed by Date: 2025.03.27 Signature Not Verified

3. The brief facts leading to the present appeal are that the appellant, on 08.02.2012, was travelling in Xylo Car bearing registration No. KA 20 C-858, met with road accident and sustained grievous injuries, due to which he was hospitalized. It is said that at the time of accident he was 55 years of age, working as Development Officer in the Rubber Board and earning Rs.50,000/- per month.

4. The appellant filed claim petition being M.V.C. No. 713 of 2012 under Section 166 of the Act before the Tribunal wherein vide order dated 23.08.2018, he was awarded a compensation of Rs.8,61,241/- along with interest at the rate of 6% p.a. Assailing the order of the Tribunal and seeking enhancement, the appellant approached the High Court, wherein vide judgment dated 26.05.2021 appeal was partly allowed enhancing the compensation to the tune of Rs. 9,51,241/-.

5. After perusal of the findings of para 7 by the High Court, it is clear that the Doctor has assessed permanent disability to the extent of 40% to the

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left lower limb and 33% of right upper limb. The High Court describing the details regarding injuries enhanced the compensation only of Rs.90,000/- in addition to the amount granted by the Tribunal.

6. In the facts and looking to the nature of disability, it cannot be lost sight that the appellant has lost amenities for better life in dayto-day routine. He might have been promoted and getting salary by which future loss of earning may not be directly affected but on account of the accident and the disability, for loss of amenities of life reasonable amount of compensation ought to be awarded.

7. Therefore, after considering all the facts and attending circumstances, we are of the considered opinion that lumpsum enhancement of Rs.2,00,000/ would be just, reasonable and fair to be allowed, in addition to the amount already awarded by the High Court.

8. Accordingly, we allow this appeal in part modifying the impugned judgment passed by the High

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Court and enhance the compensation by Rs.2,00,000/- (Rupees Two Lakhs) in addition to the sum awarded by the High Court. The enhanced amount be paid in eight weeks along with interest at the rate of 6% p.a. from the date of the filing of the claim petition till its realization.

9. Pending application(s), if any, shall stand disposed of.

……………………………………………………, J. [ J.K. MAHESHWARI ]

……………………………………………………, J. [ ARAVIND KUMAR ]

New Delhi; March 17, 2025.

ITEM NO.40 COURT NO.6 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No. 5689/2022

[Arising out of impugned final judgment and order dated 26-05-2021 in MFA No. 2059/2019 passed by the High Court of Karnataka at Bengaluru]

K. K. BHASKARAN Petitioner(s)

VERSUS

LAXMAN GANIGA & ANR. Respondent(s)

Date : 17-03-2025 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR

For Petitioner(s) :

Mr. Sharanagouda Patil, Adv. Mrs. Supreeta Patil, Adv. Mr. Jyotish Pandey, Adv. M/S. S-legal Associates, AOR

For Respondent(s) :

Mr. Yoshit Jain, Adv. Mr. Gopal Singh, AOR

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeal is allowed in part in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(NIDHI AHUJA) (NAND KISHOR) AR-cum-PS ASSISTANT REGISTRAR(NSH) [Signed order is placed on the file.]