Sri Munilakshmaiah @ ... vs National Insurance Co. Ltd.,
2021 Latest Caselaw 24 Kant

                        1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 4TH DAY OF JANUARY 2021

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

            MFA No.5175 OF 2013(MV)
                     C/W
            MFA No.5300 OF 2013(MV)

IN MFA 5175/2013
BETWEEN:

SRI. MUNILAKSHMAIAH
@ MUNILAKSHAIAH
S/O MUNIYAPPA
AGED ABOUT 44 YEARS
RESIDING AT NO.25/2
21ST CROSS, KONDAPPA LAYOUT
YELAHANKA, BANGALORE-560 064.
                                     ... APPELLANT

(BY SRI. P.SHIVA KUMAR, ADV. )

AND

1.    NATIONAL INSURANCE CO. LTD.,
      REGIONAL OFFICE
      SUBHARAM COMPLEX
      M.G.ROAD
      BANGALORE-560 001
      REP. BY ITS MANAGER.

2.    SRI. RAMESH
                         2



      S/O RAMAKRISHNAPPA
      RESIDING AT
      MADHAVANAGARA
      GOWRIBIDAUR TOWN
      KOLAR DISTRICT-561 208.
                                ... RESPONDENTS

(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR
SRI. B.C. SEETHARAMA RAO, ADV. FOR R1)

    THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:05.03.2013 PASSED IN MVC NO. 4841/2011
ON THE FILE OF THE III ADDITIONAL SMALL CAUSES
JUDGE, 28TH ACMM, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA 5300/2013
BETWEEN

SRI. P.NACHAPPA
S/O T.P. PONAPPA
AGED ABOUT 66 YEARS
RESIDING AT NO.50
1ST MAIN, 1ST CROSS
ATTUR LAYOUT, YELAHANKA
BANGALORE-560 064.
                                     ...APPELLANT
(BY SRI. P.SHIVA KUMAR, ADV.)

AND

1.    NATIONAL INSURANCE CO. LTD.,
      REGIONAL OFFICE
      SUBHARAM COMPLEX
                            3



     M.G.ROAD
     BANGALORE-560 001.
     REP. BY IT'S MANAGER.

2.   SRI. RAMESH
     S/O RAMAKRISHNAPPA
     RESIDING AT
     MADHAVANAGARA
     GOWRIBIDANUR TOWN
     KOLAR DISTRICT-561 208.
                                ...RESPONDENTS
(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR
SRI.B.C.SEETHARAMA RAO, ADV. FOR R1:
NOTICE TO R2 IS DISPENSED WITH)

    THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGEMENT AND AWARD
DATED: 05.03.2013 PASSED IN MVC NO.4842/2011
ON THE FILE OF THE II ADDITIONAL SMALL CAUSES
JUDGE & XXVIII ACMM, MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

    THESE MFAs COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

These appeals under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act',

for short) have been filed by the claimants being

aggrieved by the judgment dated 5.3.2013 passed by

the Motor Accident Claims Tribunal.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 24.6.2011, the claimants

were proceeding on motorcycle bearing registration

No.KA-04-X-9861 on Bangalore-Rajanukunte Road

near Anand Steel Pvt. Ltd., Singanayakanahalli, at

that time, car bearing registration No.KA-01-MB-889

being driven by its driver at a high speed and in a

rash and negligent manner, dashed to the vehicle of

the claimants. As a result of the aforesaid accident,

the claimants sustained grievous injuries and were

hospitalized. After recovering from injuries, the

claimants filed claim petitions before the Tribunal. In

order to support their case, the claimants examined

themselves as PWs-1 and 2, and examined two other

witnesses as PWs-3 and 4, and got exhibited

documents namely Ex.P-1 to P-30. On the other hand,

the Insurance Company neither examined any witness

nor produced any documents. After appreciation of the

evidence, the Tribunal granted compensation of

Rs.3,41,000/- to the claimant in MVC 4841/2011 and

Rs.2,03,400/- to the claimant in MVC 4842/2011 with

interest at 6% p.a. and directed the Insurance

Company to pay compensation to the claimants. Being

aggrieved by the same, the present appeals are filed.

3. The learned counsel for the claimants

submitted that the claimant in MVC 4841/2011 was

working as clerk at Divya Chethana Trust Yelahanka

New Town and he was also working as LIC agent and

earning Rs.12,000/- per month and has produced

Ex.P-7, letter issued by Divya Chetana Trust, but the

Tribunal has taken the notional income as merely as

Rs.5,000/- per month. As per wound certificate, he

has sustained closed displaced fracture both bones of

right leg (mid third region). He was treated as

inpatient for a period of 7 days. PW-4, doctor has

stated that the claimant has suffered disability at

30.8% to the right lower limb and 15% to the whole

body. The compensation awarded by the Tribunal

under the head 'loss of future income' and 'loss of

income during laid-up period' are on the lower side.

The claimant in MVC 4842/2011 was working as

Security Supervisor and earning Rs.12,000/- p.m. and

has produced salary certificate at Ex.P-20, but the

Tribunal has taken the notional income as merely as

Rs.5,000/- per month. As per wound certificate, he

has sustained right ankle displaced medial malleolus

fracture with fibula middle one-third undisplaced fibula

fracture. He was treated as inpatient for a period of 7

days. PW-4, doctor has stated that the claimant has

suffered disability at 24.7% to the right lower limb

and 12% to the whole body. The compensation

awarded by the Tribunal under the head 'loss of future

income' and 'loss of income during laid-up period' are

on the lower side. Hence, he sought for allowing the

appeals.

4. On the other hand, the learned counsel for

the Insurance Company has contended that even

though the claimants claims that they were earning

Rs.12,000/- per month and produced Exs.P-7 and P-

20 respectively, they have not examined the author of

the said certificate. Therefore, the Tribunal has rightly

assessed the income of the claimants notionally.

Considering the oral and documentary evidence, the

Tribunal has granted just and reasonable

compensation and it does not call for interference.

Hence, he sought dismissal of the appeals.

5. Heard the learned counsel for counsel for

the parties and have perused the records.

6. It is not in dispute that the claimants have

sustained injuries in the road traffic accident occurred

due to rash and negligent driving of the offending

vehicle by its driver.

The claimants have not produced any evidence

with regard to their income. Therefore, the notional

income has to be assessed as per the guidelines

issued by the Karnataka State Legal Services

Authority. Since the accident has taken place in the

year 2011, the notional income of the claimants has to

be taken at Rs.6,500/- p.m.

IN MFA 5175/2013 (MVC 4841/2011)

7. As per wound certificate, the claimant has

sustained closed displaced fracture both bones of right

leg (mid third region). He was treated as inpatient for

a period of 7 days. PW-4, doctor has stated that the

claimant has suffered disability at 30.8% to the right

lower limb and 15% to the whole body. The Tribunal

has rightly taken the whole body disability at 15% and

applied correct multiplier of '14' to the age group of

the claimant. Thus, the claimant is entitled to

Rs.1,63,800/- (Rs.6,500*12*14*15%) on account of

'loss of future income'.

Since the income of the claimant is enhanced to

Rs.6,500/- per month, the claimant is entitled for

compensation of Rs.26,000/- (Rs.6,500*4 months)

under the head 'loss of income during laid up period'.

The compensation awarded by the Tribunal

under other heads remains unaltered.

Thus, the claimant is entitled to the following

compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 60,000 60,000 Medical expenses 55,000 55,000 Food, nourishment, 10,000 10,000 conveyance and attendant charges Loss of income during 20,000 26,000

laid up period Loss of amenities 50,000 50,000 Loss of future income 126,000 163,800 Future medical expenses 20,000 20,000 Total 341,000 384,800

The claimant in MVC 4841/2011 is entitled to a

total compensation of Rs.384,800/-.

IN MFA 5300/2013 (MVC 4842/2011)

8. As per wound certificate, the claimant has

sustained right ankle displaced medial malleolus

fracture with fibula middle one-third undisplaced fibula

fracture. He was treated as inpatient for a period of 7

days. PW-4, doctor has stated that the claimant has

suffered disability at 24.7% to the right lower limb

and 12% to the whole body. The Tribunal has rightly

taken the whole body disability at 12% and applied

correct multiplier of '7'. Thus, the claimant is entitled

to Rs.65,520/- (Rs.6,500*12*7*12%) on account of

'loss of future income'.

Since the income of the claimant is enhanced to

Rs.6,500/- per month, the claimant is entitled for

compensation of Rs.26,000/- (Rs.6,500*4 months)

under the head 'loss of income during laid up period'.

The compensation awarded by the Tribunal

under other heads remains unaltered.

Thus, the claimant is entitled to the following

compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 60,000 60,000 Medical expenses 3,000 3,000 Food, nourishment, 10,000 10,000 conveyance and attendant charges Loss of income during 20,000 26,000 laid up period Loss of amenities 40,000 40,000 Loss of future income 50,400 65,520 Future medical expenses 20,000 20,000 Total 203,400 224,520

The claimant in MVC 4842/2011 is entitled to a

total compensation of Rs.224,520/-.

9. The Insurance Company is directed to

deposit the compensation amount along with interest

at the rate of 6% p.a. within a period of four weeks

from the date of receipt of copy of this judgment in

both the cases.

To the aforesaid extent, the judgment of the

Claims Tribunal is modified.

Accordingly, the appeals are allowed in part.

Sd/-

JUDGE

DM