Karnataka High Court
Mr Parashiva Murthy vs M/S United India Insurance Co. Ltd on 15 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO.10347/2011(MV)
BETWEEN:
MR PARASHIVA MURTHY
S/O SHRI SHIVANNA
AGED ABOUT 33 YEARS
R/AT BOMMACHANNAHALLI
SUGGANAHALLI POST, KASABA HOBLI
RAMANAGARA
RAMANAGARA DISTRICT-564015.
... APPELLANT
(BY SMT. G.K. SREEVIDYA, ADV. FOR
SRI. T N VISWANATHA, ADV)
AND:
1. M/s UNITED INDIA INSURANCE CO. LTD
BY ITS REGIONAL MANAGER
REGIONAL OFFICE, NO.25
1ST FLOOR, SURYANARAYANA BUILDING
M G ROAD, BANGALORE-560025
2. SRI B C MAHADEVAIAH
S/O CHIKKANNA
R/AT BOMMACHANNAHALLI
SUGGANAHALLI POST
KASABA HOBLI, RAMANAGARA
RAMANAGARA DISTRICT-560014.
... RESPONDENTS
(BY SRI. K. KISHOR KUMAR REDDY, ADV. FOR R1;
SRI. G. JAIRAJ, ADV. FOR R2)
2
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 11.5.2011 PASSED IN
MVC NO.4474/2010 ON THE FILE OF XIII ADDITIONAL SMALL
CAUSE JUDGE AND MEMBER, MACT, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY,
THROUGH VIDEO CONFERENCE/ PHYSICAL HEARING, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is at the instance of claimant seeking
enhancement of the compensation awarded in MVC
No.4474/2010 by judgment and award dated 11.05.2011 by
the Motor Accident Claims Tribunal, Court of Small Causes,
Bangalore.
2. The claim petition was filed alleging that claimant
was walking on the left side of Bommachanahalli main road on
21.04.2010 at about 6.30 p.m. and a tractor bearing
registration No.KA-12-T-9110 driven by its driver in a rash
and negligent manner dashed against him and on account of
the same, he suffered grievous injuries.
3. Respondent No.1-insurance company contested
the proceedings by filing a detailed statement of objections.
Respondent No.2 - owner of the offending vehicle even
though appeared through counsel, did not file any written
statement.
4. During trial, claimant examined himself as PW1
and he examined a doctor as PW2. Exs.P-1 to P-22 were
marked. Respondents did not examine any witness and no
documents were marked for them.
5. Learned Tribunal after hearing the learned counsel
on both sides and perusing the records allowed the claim
petition in part and awarded a compensation of Rs.2,28,000/-
with interest at 6% p.a. (excluding future medical expenses)
from the date of petition till date of payment. Respondents
were held jointly and severally liable to pay the compensation.
6. Learned counsel for the claimant contended that
award of compensation under various heads namely, pain and
suffering, medical expenses, loss of income during laid up
period, loss of future earning capacity, loss of amenities and
future medical expenses are on lower side and therefore,
compensation awarded is required to be enhanced.
7. Learned counsel for the respondent - insurance
company, per contra, submitted that learned MACT has
awarded a just and reasonable compensation and therefore,
there is no merit in the appeal and it is required to be
dismissed.
8. I have given my anxious consideration to the rival
contentions made by the learned counsel on both sides and
perused the records.
9. Ex.P-6 - wound certificate shows that claimant has
suffered fracture of medial malleolus of left tibia. He has
undergone surgery for fixing the same and subsequently
another surgery was performed in order to remove the
implant. During a treatment he was an inpatient for totally 33
days. Learned Tribunal on consideration of same has awarded
a sum of Rs.40,000/- under the head of 'pain and suffering'
and same is just and reasonable.
10. Learned Tribunal has awarded globally a sum of
Rs.49,000/- under the head of 'medical expenses', which was
supposed to cover the actual medical expenses incurred,
nourishing food, attendant's charges and conveyance charges.
Ex.P-15 are the bills produced to prove the medical expenses
and it covers an amount of Rs.38,158/-, which is the actual
amount spent for medical expenses. Therefore, under the
head of medical expenses appellant is entitled to be awarded
a sum of Rs.38,158/-.
11. Since claimant was inpatient for 33 days in the
hospital, learned Tribunal ought to have been little liberal to
award compensation towards 'food, nourishment, conveyance
charges, attendant's expenses, etc'. Therefore, under the
head of 'food, nourishment, conveyance charges and
attendant's expenses, a sum of Rs.25,000/- is awarded.
12. Learned Tribunal has taken a lower monthly
income of claimant at Rs.4,000/-. The accident occurred in
the year 2010 and for the said year Karnataka State Legal
Services Authority has fixed the notional income at Rs.5,500/-
per month, which is uniformly followed all over the State. On
account of injuries suffered, claimant would not have been in
a position to work atleast for a period of 5 months.
Therefore, 'loss of income during laid up period' has to be
calculated as follows:
Rs.5,500/- x 5 = Rs.27,500/-
13. The case sheet of claimant maintained by the
hospital has not been produced by the Tribunal. PW2 was
examined to speak about the physical disabilities suffered by
the claimant. However, PW2 has not issued disability
certificate. He appeared before the Court and spoke about
various restrictions in the movements of the limbs and finally
assessed the disability to an extent of 22.5% to the whole
body. However, on a holistic appreciation of the evidence,
learned Tribunal has taken the whole body disability at 12%
and I am not inclined to disagree with the same.
14. Learned Tribunal has taken the age of the
claimant as 35 years. Therefore, the appropriate multiplier
applicable to him is '16'. Since the claimant has suffered
physical disability, loss of future prospects also will have to be
taken into consideration in view of the decisions of Hon'ble
Supreme Court in ERUDHAYA PRIYA vs. STATE EXPRESS
TRANSPORT CORPORATION LIMITED reported in 2020
SCC OnLine SC 601, SANDEEP KHANUJA v. ATUL DANDE
reported in (2017) 3 SCC 351, JAGADISH v. MOHAN AND
OTHERS reported in (2018) 4 SCC 571, as also the
decision of Constitution Bench of Supreme Court in
NATIONAL INSURANCE COMPANY LTD. V. PRANAY
SETHI AND OTHERS reported in (2017) 16 SCC 680.
Hence, 40% of the established income of the claimant will
have to be added to the income of claimant for the purpose of
computing 'loss of future income'. Therefore, 'loss of earning
capacity' is recomputed as follows:
Rs.5,500/- + 40% (Rs.2,200/-) = Rs,7,700/-
Rs.7,700/- x 12 x 16 x 12% = Rs.1,77,408/-
15. Learned Tribunal has awarded a sum of
Rs.20,000/- towards 'future medical expenses'. It is shown
from Ex.P-8 that implant has already been removed and
therefore, award of Rs.20,000/- under the head of 'future
medical expenses' is unjustified and same is disallowed.
Since 'loss of earning capacity' is awarded by adopting the
multiplier method, claimant is entitled to be awarded only a
token compensation under the head of 'loss of amenities'.
Learned Tribunal has awarded a sum of Rs.15,000/- towards
'loss of amenities' and in the facts and circumstances of this
case, it is increased by Rs.5,000/- and a sum of Rs.20,000/-
is awarded under the head of 'loss of amenities'.
Thus, claimant is entitled to total compensation of:
Sl. Particulars Amount
No. (Rs.)
1 Pain and suffering 40,000-00
2 Medical expenses 38,158-00
3 Food, nourishment, conveyance charges, 25,000-00
attendant's charges, etc
4 Loss of income during laid up period 27,500-00
5 Loss of earning capacity 1,77,408-00
6 Loss of amenities 20,000-00
Total 3,28,066-00
7 LESS: Future medical expenses 20,000-00
Total 3,08,066-00
16. Claimant is entitled to total compensation of
Rs.3,08,066/- and learned Tribunal has already awarded a
sum of Rs.2,28,000/-. Hence, claimant is entitled to enhanced
compensation of Rs.80,066/-. The enhanced compensation
shall carry interest @ 6% p.a. from the date of petition till
date of realization. Hence, the following:
JUDGMENT
(1) Appeal is allowed to the above extent.
(2) Judgment and award dated 11.05.2011
passed in MVC No.4474/2010 by the
Motor Accident Claims Tribunal, Court of
Small Causes, Bangalore, is modified by
awarding an enhanced compensation of
Rs.80,066/- with interest thereon @ 6%
p.a. from the date of petition till date of
realization.
(3) Respondent-insurance company shall
deposit the enhanced compensation with
interest thereon at 6% p.a. from the
date of petition till date of payment
within four weeks from today.
(4) Registry to transmit the records to the
learned MACT forthwith.
Sd/-
JUDGE
DR
