Karnataka High Court
Shriram Genearal Insurance Com. ... vs Mahadeva S/O Late Thikkayya @ ... on 22 August, 2022
Bench: H.P.Sandesh
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MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.100747/2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100968/2018
IN MISCELLANEOUS FIRST APPEAL NO.100747/2018:
BETWEEN:
SHRIRAM GENERAL INSURANCE COM. LTD.,
BY ITS MANAGER,
E-8, EPIP, RIICO,
INDUSTRIAL AREA, SITAPUR,
JAIPUR, RAJASTHAN.
REPTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI NAGARAJ C. KOLLOORI, ADVOCATE)
AND:
1. MAHADEVA,
S/O LATE THIKKAYYA @ NENIKI THIKKAYYA,
AGE: 28 YEARS,
Digitally signed OCC: AGRICULTURIST CUM COOLIE,
by J MAMATHA
J Location: R/O: DEVI NAGAR CAMP,
MAMATHA Dharwad
Date: 2022.08.25 SIRUGUPPA TALUKA.
10:24:03 +0530
PRESENTLY R/AT:
C/O. THIMMAPPA, SRI NAGAR,
NEAR GANESH GUDI, BATRI,
BALLARI-583101.
2. MANJUNATHA,
S/O BASAPPA,
AGE 32 YEARS,
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MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
OCC: DRIVER CUM OWNER,
R/O: NO.115, KHACHAPURA VILLAGE,
LINGASUGUR TALUKA,
DIST: RAICHUR-584101.
3. BOODEPPA,
S/O BASALINGAPPA,
AGE:48 YEARS,
R/O. LINGASUGUR,
TQ: AND DIST: RAICHUR-584101.
...RESPONDENTS
(BY SRI MANJUNATH JADAI, ADVOCATE FOR C/R1,
R-2 REFUSED, R-3 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 25.09.2017 PASSED IN MVC NO.1074/2015 ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III,
BALLARI, AWARDING COMPENSATION OF Rs.7,76,000/- WITH
INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION.
IN MISCELLANEOUS FIRST APPEAL NO.100968/2018:
BETWEEN:
SRI MAHADEVA,
S/O LATE THIKKAYYA @ NENIKI THIKKAYYA,
AGE:27 YEARS,
OCC:AGRICULTURIST CUM COOLIE,
R/O.5/445, BC COLONY,
UNDABANDA SIDAYYANA KOTE VILLAGE,
DEVINAGAR CAMP, SIRUGUPPA TALUK,
PRESENTLY AT
C/O. THIMMAPPA, SRINAGAR,
NEAR GANESH GUDI,
BATRI, BALLARI-583101.
...APPELLANT
(BY SRI MANJUNATH JADAI, ADVOCATE)
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MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
AND:
1. SRI MANJUNATHA,
S/O BASAPPA,
AGE:31 YEARS, DRIVER CUM OWNER OF TEMPO
TRAX BEARING NO.KA-36/5386,
R/O:NO.115, KHACHAPURA VILLAGE,
LINGASUGUR TALUK,
RAICHUR-584122.
2. SRI BOODEPPA,
S/O BASALINGAPPA,
AGE:47 YEARS,
INSURANCE POLICY HOLDER OF
TEMPO TRAX BEARING NO.KA-36/5386,
R/O.LINGASUGUR TALUK,
RAICHUR-584122.
3. M/S. SHRIRAM GENERAL INSURANCE CO., LTD.,
BY ITS MANAGER,
E-8, RIICO INDUSTRIAL AREA,
SITAPURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SRI NAGARAJ C. KOLLORI, ADVOCATE FOR R-3,
R-2 SERVED )
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 25.09.2017 PASSED IN MVC NO.1074/2015 ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.III, BALLARI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
JUDGMENT
Heard the learned counsel for the appellant in both the
appeals and these two appeals are filed by the Insurance
Company as well as the claimant questioning the quantum of
compensation for the nature of injuries sustained by the
claimant i.e., fracture of tibia and fibula as well as fracture of
left orbital wall and also the fracture of lateral malleulous right
ankle and he was an inpatient in the hospital for a period of 20
days and he was subjected to surgery. In support of the claim
of the claimant, he examined the doctor as P.W.2, who
assessed the disability of 30% and the Tribunal has taken the
disability of 20%. Hence, I do not find any error in considering
the disability assessed by the Tribunal.
2. On perusal of the judgment and award of the
Tribunal, the Tribunal has granted an amount of Rs.50,000/-
under the head pain and suffering and the same is just and
reasonable and does not require any interference.
3. The Tribunal has awarded an amount of
Rs.40,000/- under the head loss of income during the laid up
MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
period and taking note of the fractures sustained by the
claimant, it requires time for uniting of fractures and hence
awarding of Rs.40,000/- does not require any interference.
4. The Tribunal has awarded an amount of
Rs.40,000/- under the head attendant charges, conveyance
and other incidental expenses. The injured/claimant was in the
hospital for a period of 20 days and this is an accident of the
year 2015 and hence the amount awarded is little bit on the
higher side and the same is reduced to Rs.20,000/- as against
Rs.40,000/-.
5. An amount of Rs.1,20,000/- is awarded by the
Tribunal under the head medical expenses based on the
documentary evidence and hence it does not require any
interference.
6. The Tribunal has awarded an amount of
Rs.20,000/- under the head future medical expenses since he
was subjected to surgery and implant in situ and hence it does
not require any interference.
MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
7. The Tribunal has awarded an amount of
Rs.3,06,000/- under the head loss of future income by taking
the monthly income of the claimant as Rs.7,500/-. If the
notional income of Rs.8,000/- per month is taken, it comes to
Rs.3,26,400/-.
8. The Tribunal has awarded an amount of
Rs.50,000/- under the head loss of amenities and comforts.
Having taken note of the age of the claimant as 27 years and
he has suffered disability of 20% and he has to lead rest of his
life with the said disability, the same is not on the higher side
as contended by the Insurance Company.
9. In view of the enhancement of compensation under
the head loss of future income, the difference is only
Rs.20,400/- and having taken note of the same, it does not
require interference and only it requires interference for
awarding compensation under the head permanent physical
impairment. Once the Tribunal has awarded the compensation
under the head future loss of income considering the disability,
the question of again awarding compensation of Rs.1,50,000/-
MFA No. 100747 of 2018
C/W MFA No. 100968 of 2018
under the head permanent physical impairment does not arise.
Hence, this Court has to set aside the award amount of
Rs.1,50,000/-. The judgment and award of the Tribunal is
modified reducing the compensation amount from
Rs.7,76,000/- to Rs.6,26,400/-.
10. In view of the discussions made above, I pass the
following:
ORDER
(i) Both the appeals are allowed in part.
(ii) The judgment and award of the Tribunal is
modified granting compensation of
Rs.6,26,400/-.
(iii) The amount in deposit, if any, is ordered to be
transmitted to the Tribunal forthwith.
(iv) The Registry is directed to transmit the TCR to
the concerned Tribunal, forthwith.
(Sd/-)
JUDGE
MD
