Sri Kushal R vs The Oriental Insurance Company ...
2021 Latest Caselaw 702 Kant

                               1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12TH DAY OF JANUARY, 2021

                          BEFORE

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

MISCELLANEOUS FIRST APPEAL No.6557 OF 2018 (MV I)

BETWEEN:

Sri. Kushal R.,
S/o. Sri. Ravi,
Aged about 24 years,
R/at 1043, 1st Main,
4th Block, Rajajinagar,
Bengaluru-560010.
                                              ...Appellant
(By S. H.K.Basavaraj, Advocate)

AND:

1.     The Oriental Insurance Company Ltd.,
       LOD claim, Service Centre,
       Leo Shopping Complex,
       4th Floor, 44/45, Residency Road,
       Bengaluru-560025.

2.     Sri. Sunil Kumar P.,
       S/o. Puttaswamy,
       Aged Major,
       R/at A.V.Halli,
       Veerupakshipura Hobli,
       Channapatna Taluk,
       Bengaluru District
       RC Owner of Toyoto Innova
       Bearing Reg.No.KA-04 MB 6099

3.     Sri. Kalegowda,
       S/o. Not known to the appellant
                                  2


     Major, R/at 9/34, 47th A Cross,
     8th Main Road, Jayanagar,
     Bengaluru-560082.
     Policy holder of Toyoto Innova
     Bearing Reg No.KA-04 MB 6099.
                                            ...Respondents
(By Sri. V.R.Datar, Advocate for R1,
    Sri. Rajendra Hegde Mulkhand, Advocate for R3,
    Notice to R2 - D/w )


     This MFA is filed under Section 173(1) of MV Act
against the judgment and award dated 29.11.2017 passed in
MVC No.6470/2016 on the file of the 7th Additional Small
Cause Judge and 32nd ACMM, Member, MACT-3, Bengaluru,
partly allowing the claim petition for compensation and
seeking enhancement of compensation.

     This MFA coming on for admission this day, the Court
made the following:


                           ORDER

This appeal is by the claimant seeking

enhancement of compensation as directed against the

impugned judgment and award dated 29.11.2017,

whereby the trial court awarded compensation in a sum

of Rs. 2,78,474/-, in favour of the claimant towards

injuries sustained by him in a road traffic accident that

occurred on 6.4.2016.

2. Heard the learned counsel for the claimant and

the learned counsel for the Insurance Company and

perused the materials on record.

3. The learned counsel for the claimant submits

that having regard to the grievous and serious nature of

the injuries sustained by the claimant in the accident,

the compensation awarded towards pain and agony as

well as loss of amenities etc., is meager and inadequate

and the same deserves to be enhanced by this court. It

is also pointed out that the tribunal committed an error

in taking the income of the claimant as Rs.7,500/- as

against Rs.9,500/-, which is as per the Lok Adalat

guidelines.

4. It is further submitted that the tribunal having

come to the conclusion that disability of the entire body

of the claimant was 10%, committed an error in taking

the physical disability for the purpose of awarding

compensation as only 8%. It is therefore contended

that the impugned judgment and award passed by the

tribunal deserves to be set aside and the compensation

to be awarded in favour of the appellant be enhanced by

this court. Per contra, learned counsel for the

Insurance Company would support the impugned

judgment and award and submit that there is no merit

in the appeal and the same is liable to be dismissed.

5. As rightly contended by the learned counsel for

the claimant, keeping in mind the Lok Adalat

guidelines, which stipulates the notional income of the

claimant is to be taken as Rs.9,500/- since the accident

occurred in the year 2016, the compensation to be

awarded in favour of the claimant towards loss of future

earning is as under:

9,500 x 12 x 18 x 10% = 2,05,200/-

6. It is relevant to state that while arriving at the

aforesaid compensation, the physical disability to the

entire body of the claimant is increased from 8% to 10%

as held by the trial court at paragraph 18 of the

impugned judgment and award.

7. Consequent to enhancement of compensation

towards loss of future income, the claimant would also

be entitled to an additional sum of Rs.6,000/- towards

loss of income during laid up period.

8. A perusal of the material on record would

indicate that having regard to the grievous and serious

nature of the injuries sustained by the claimant, the

compensation awarded towards pain and suffering as

well as loss of amenities, food and nourishment etc.,

deserve to be enhanced by Rs.10,000/- and

Rs.15,000/- respectively. Accordingly, the claimant is

entitled to the additional enhanced compensation as

under:

      Sl.No.             Heads                  Amount
01.            Loss of future income        Rs.75,600/-
02.            Loss of income during        Rs.6,000/-
               laid up period
03.            Pain and suffering           Rs.10,000/-
04.            Loss of amenities etc.,      Rs.15,000/-
               TOTAL                        Rs.1,06,600/-

In the result I pass the following :

ORDER

i. Appeal is partly allowed.

ii. The impugned judgment and award is

modified.

iii. Appellant is entitled to additional enhanced

compensation of Rs.1,06,600/- together with

6% interest from the date of claim petition

till realization.

iv. The appellant shall not be entitled to interest

for the delayed period in this appeal.

Sd/-

JUDGE

sd