Karnataka High Court

The Manager Reliance General ... vs Praveen on 7 January, 2022

Bench: P S Kumar, Rajendra Badamikar

                             -1-
                                              MFA No.549/2021
                                         C/W MFA No. 5155/2020




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 07TH DAY OF JANUARY, 2022

                         PRESENT
     THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
                            AND
       THE HON'BLE MR. RAJENDRA BADAMIKAR
        MISCL. FIRST APPEAL NO. 549 OF 2021
                        C/W
     MISCL. FIRST APPEAL NO. 5155 OF 2020 (MV-I)

IN MFA NO.549 OF 2021

BETWEEN:

SRI. PRAVEEN
S/O NAGAPPA
AGED ABOUT 24 YEARS
R/O TAMATAKAL VILLAGE-577 501
CHITRADURGA TALUK
AND DISTRICT

                                                   ...APPELLANT

(BY SHRI. V.B. SIDDARAMAIAH, ADVOCATE)

AND:

1.    THE RELIANCE GENERAL INSURANCE CO LTD
      BRANCH OFFICE
      NO.1 AND 2, 1ST FLOOR
      MAGANUR COMMERCIAL COMPLEX
      NEAR KSRTC BUS STAND
      B.D.ROAD
      CHITRADURGA-577 501
      REPRESENTED BY ITS
      BRANCH MANAGER
                              -2-
                                            MFA No.549/2021
                                       C/W MFA No. 5155/2020



2.    SRI N. SHADAKSHARI
      S/O NARAPPAS
      AGED ABOUT 51 YEARS
      R/O TEACHERS COLONY
      NEAR AYYAPPA TEMPLE
      VIDYANAGAR-577 501
      CHITRADURGA

                                              ...RESPONDENTS
(BY    SHRI. ASHOK N. PATIL, ADVOCATE FOR R1;
       SHRI. M.G. KANTHARAJAPPA, ADVOCATE FOR R2)


     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.10.2020         PASSED IN MVC
NO. 645/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
CJM, ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.


IN MFA NO.5155 OF 2020

BETWEEN:

THE MANAGER
RELIANCE GENERAL INSURANCE COMPANY LTD
NO.1 AND 2, 1ST FLOOR
MANANUR COMMERCIAL COMPLEX
NEAR KSRTC BUS STAND
B.D.ROAD
CHITRADURGA-577 501

ALSO THE RELIANCE GENERAL
INSURANCE COMPANY LIMITED
EAST WING, 5TH FLOOR
NO.28 CENTENARY BUILDING
M.G.ROAD, BENGALURU-560 001
NOW REPRESENTED BY
MANAGER LEGAL
                                                    ...APPELLANT
(BY SHRI. ASHOK N. PATIL, ADVOCATE)
                                -3-
                                                MFA No.549/2021
                                           C/W MFA No. 5155/2020




AND:

1.     PRAVEEN
       S/O NAGAPPA
       AGED ABOUT 24 YEARS
       R/O TAMATAKAL VILLAGE
       CHITRADURGA TALUK
       AND DISTRICT-577 502


2.    N. SHADAKSHARI
      S/O NARAPPA
      AGED ABOUT 50 YEARS
      R/O TEACHERS COLONY
      NEAR AYYAPPA TEMPLE
      VIDYANAGAR
      CHITRADURGA-577 501

                                                   RESPONDENTS
(BY    SHRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R1;
       R2-SERVED)


      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.10.2020          PASSED IN MVC
NO. 645/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND CJM, ADDITIONAL MACT-III, CHITRADURGA,         AWARDING
COMPENSATION OF RS.4,67,614/- WITH INTEREST AT 8 PERCENT
P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

      THESE MFAs COMING ON FOR ORDERS THIS                  DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-


                          JUDGMENT

These two appeals are presented by the injured claimant

and the Insurer in MVC.No.645/2019 challenging the judgment

and award dated October 27, 2020 passed by the Principal

Senior Civil Judge and CJM and Additional MACT-III,

MFA No.549/2021 C/W MFA No. 5155/2020

Chithradurga. The claimants have sought enhancement of

compensation and the Insurer has challenged the liability.

2. For the sake of convenience, parties shall be referred as

per their status before the Tribunal.

3. Heard Shri V.B.Siddaramaiah, learned advocate for

claimants and Shri Ashok N.Patil, learned advocate for the

Insurer.

4. Brief facts of the case are, claimant was a passenger in

an Autorickshaw bearing No.KA-16/D-0852 proceeding from

Chithradurga to Tamatakal on 03.04.2019. Due to rash and

negligent driving, the Autorickshaw toppled and he sustained

injuries. He was treated in the Government Hospital,

Chithradurga, as an in-patient for 37 days between April 3,

2019 and April 26, 2019 and thereafter in the Victoria hospital,

Bengaluru, between December 16, 2019 to December 30, 2019

Claimant has suffered following injuries:

"a) Comminuted fracture of (L) lower level both bones near ankle;

b) Fracture of both bones of (L) L.L. lower 1/3"

MFA No.549/2021 C/W MFA No. 5155/2020

According to doctor, claimant has suffered 42% disability of left

leg. The Tribunal has considered 15% disability for the whole

body and computed the compensation by considering notional

income as Rs.10,000/- p.m. On consideration of claim petition,

Tribunal has awarded Rs.4,67,614/- with interest at 8% p.a.

from the date of petition till the date of realisation.

5. Shri Siddaramaiah for the claimant submitted that this

Court has been considering notional income of an able bodied

person in the year 2019 as Rs.14,000/- p.m. and therefore,

Tribunal erred in considering notional income as

Rs.10,000/- p.m. He also sought enhancement under the

heads 'pain and sufferings' and 'loss of earning during laid up

period'.

6. Shri Ashok Patil for the Insurer submitted that Autorickshaw

was being driven by a minor not having driving licence.

Therefore, insurer is not liable to indemnify the owner.

With regard to quantum of compensation, he submitted that

although compensation is awarded under different heads, the

over all compensation is just and appropriate except under the

head 'loss of future earning'. In his usual fairness,

he did not dispute that this Court has been considering

MFA No.549/2021 C/W MFA No. 5155/2020

notional income of an able bodied person in the year 2019 as

Rs.14,000/- p.m.

7. We have carefully considered rival submissions and

perused the records.

8. Undisputed facts are, claimant has suffered grievous

injuries in the accident on April 03, 2019. Since he has not

produced any proof of income, the Tribunal has taken the

notional income at Rs.10,000/- p.m. Learned advocate for the

claimant is right in his submission that this Court has been

considering notional income of an able bodied person for the

year 2019 as Rs.14,000/- p.m. Shri Siddaramaiah does not

dispute the percentage of disability as 15% for the whole body.

Accordingly, loss of future earnings works out to Rs.4,28,400/-

(Rs.14,000x15x12x17/100).

9. The Tribunal has awarded medical expenses in full. In

the facts of this case, in our view, claimant is entitled for an

additional sum of Rs.50,000/- under the head 'pain and

sufferings' and Rs.25,000/- under the head 'loss of earning

during laid up period'/'nourishment and miscellaneous

expenses'.

MFA No.549/2021 C/W MFA No. 5155/2020

10. Accordingly, the compensation is re-computed as follows;

       Sl.No                     Description                  Amount

       a.             Loss of dependency                      Rs.4,28,400

       b.             Medical expenses                         Rs.21,614

       c.             Nourishment                 and          Rs.75,000
                      Miscellaneous expenses
       d.             Pain, Injuries and sufferings            Rs.65,000

       e.             Loss of amenities, enjoyment             Rs.75,000
                      of life and discomforts
       f.                       Total (a+b+c)                 Rs.6,65,014

       g.           LESS: Compensation awarded                Rs.4,67,614
                        by the Tribunal (d-e)
                 Enhanced Compensation                    Rs.1,97,400

11. So far as liability is concerned, Shri Siddaramaiah has

rightly submitted that in view of the law laid down in Pappu &

Others Vs. Vinod Kumar Lamba and Another,1

the insurer is duty bound to satisfy the award with liberty to

recover the same from the owner of the vehicle.

12. Shri Ashok Patil for the Insurer has rightly submitted that

this Court in the motor vehicle cases has been consistently

AIR 2018 SC 592 at para 19

MFA No.549/2021 C/W MFA No. 5155/2020

awarding interest at 6% p.a. and interest awarded by the

Tribunal at 8% p.a. is erroneous. Therefore, in our considered

view, awarding 6% interest throughout is just and appropriate.

13. Hence, the following;

ORDER

(i) MFA No.549/2021 filed by the claimants is

allowed in part by holding that claimants are

entitled for a total compensation of Rs.6,65,014/-,

as against Rs.4,67,614/- awarded by the Tribunal,

payable with interest at 6% p.a., from the date of

filing claim petition till the date of deposit.

The enhanced compensation is Rs.1,97,400/-;

(ii) MFA No.5155/2020 filed by the Insurer is

dismissed;

(iii) Insurer shall pay the entire compensation

amount of Rs.6,65,014/- with interest at 6% p.a.,

within eight weeks from the date of receipt of

a copy of this order, with liberty to recover

the same from the owner of the vehicle by

executing the decree in these proceedings.