Karnataka High Court
The New India Assurance Co Ltd vs Sri Arun Karadi @ Arun K.R on 7 July, 2022
Bench: Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MFA NO.3430/2014 C/W MFA NO.1247/2014
IN MFA No.3430/2014:
BETWEEN
Mr ARUN KARADI
@ ARUN K.R.,
S/O LATE RENAKAPPA H.K.,
AGED ABOUT 39 YEARS
NO.13/1, ALS HABITAT
AJMONIA COLONY
1ST B MAIN ROAD
NEAR SULTANPALYA BUS STAND
BANGALORE
PERMANENT ADDRESS: No.474/12
7TH MAIN, 4TH B CROSS, RPC LAYOUT
BANGALORE
...APPELLANT
(BY SRI H.K. SATHEESH, ADVOCATE)
AND
1. THE REGIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LTD.,
REGIONAL OFFICE, NO.2-B
UNITY BUILDING ANNEX,
MISSION ROAD,
BANGALORE-560 027
2. M/s. GOUTHAM ASSOCIATES
2
NO.455, 13TH MAIN,
3RD STAGE, WEST OF CHORD ROAD,
MANJUNATHANAGAR
BANGALORE-560 010
...RESPONDENTS
(BY SRI ANUP SEETHARAMA RAO, ADVOCATE for
SRI B.C. SEETHARAMA RAO, ADVOCATE FOR R.1
R.2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 02.12.2013 PASSED IN MVC NO.1431/2012 ON
THE FILE OF THE MEMBER, PRL.MACT, BANGALORE (SCCH-1),
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.1247/2014:
BETWEEN:
THE NEW INDIA ASSURANCE CO., LTD.,
REGIONAL OFFICE,
MAHALAKSHMI CHAMBERS
M.G.ROAD, BANGALORE-560 001
REP BY ITS MANAGER
SRI V RAMACHANDRAN
...APPELLANT
(BY SRI ANUP SEETHARAMA RAO, ADVOCATE for
SRI B.C. SEETHARAMA RAO, ADVOCATE)
AND:
1. SRI ARUN KARADI @ ARUN K.R.,
AGED ABOUT 40 YEARS
S/O RENUKAPPA H.K.,
NO.13/1, ALS HABITAT
AJMONIA COLONY
1ST 'B' MAIN ROAD
NEAR: SULTANPALYA BUS STAND
BANGALORE-560 040
3
OR
NO.472/12, 7TH MAIN, 4TH 'B' CROSS
RPC LAYOUT, BANGALORE-560 040
2. M/s. GOLUTHAM ASSOCIATES
NO.455, 13TH MAIN, 3RD STAGE
WEST OF CHORD ROAD
MANJUNATHANAGAR
BANGALORE-10.
...RESPONDENTS
(R.1 AND R.2 SERVED)
----
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 02.12.2013 PASSED IN MVC NO.1431/2012 ON
THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE,
AWARDING COMPENSATION OF RS.10,90,705 WITH INTEREST
AT 6% P.A. FROM THE DATE OF PETITION.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.3430/2014 is filed by the claimant in MVC
No.1431/2022 challenging the judgment and award dated
02.12.2013 and seeks enhancement of compensation on
the ground that the compensation awarded by the Tribunal
is inadequate considering the injuries sustained by him in
the accident.
MFA No.1247/2014 is filed by the insurer seeking a
reduction in compensation awarded in the same
proceeding.
2. Heard the learned advocate appearing for the
claimant and the learned advocate appearing for the
insurer. There is no dispute relating to the coverage.
Since the coverage is admitted, the presence of the owner
is not required in this case.
3. The Tribunal has awarded compensation of
Rs.10,90,705/- to the claimant and the major component
of compensation awarded is under the head "loss of future
earning capacity" at Rs.10,23,060/-.
4. The claimant was working as the General
Manager of M/s. Times VPL Limited and was earning a
salary of Rs.1,38,499/- at the time of the accident. PW.1
in his cross-examination has admitted that he is continuing
in the job and in that event, there is no loss of future
income on account of the accident. Under the
circumstances, the Tribunal could not have awarded
compensation of Rs.10,23,060/- under the head "loss of
future earning capacity". It is also submitted at the bar
that even today, the claimant is working and there is no
functional disability and consequent loss of income on
account of the accident. Thus, under the head "loss of
future earning capacity," the compensation of
Rs.10,23,060/- awarded by the Tribunal has to be set
aside.
5. Learned counsel for the insurer would refer to
the judgment of a Division Bench of this Court in the case
of Sri Subash vs. The New India Assurance Co. Ltd.,
Rep by its Manager and others reported in ILR 2010
KAR 2439 to substantiate his contention that
compensation cannot be awarded under the head "loss of
future earning capacity" if the claimant continued in
service. The ratio applies in this case as well.
Accordingly, compensation under the said head is set
aside.
6. The records would indicate that the claimant
was an in-patient for nine days. The Wound Certificate
produced by the claimant would indicate that the claimant
has suffered Type I open segmental fracture right tibia and
fibula with Type II fracture Scharzker's right tibial condyle
and comminuted fracture of distal end left radius. The
Doctor has assessed 20% disability to the whole body and
the Tribunal has taken 7% disability while assessing the
compensation payable to the claimant.
7. It is noticed that the Tribunal has awarded
Rs.20,000/- under the head "pain and suffering",
Rs.19,715/- towards "medical expenses", Rs.24,030/-
towards "loss of earning during the laid-up period" and
"Rs.3,900/- towards "attendant charges, food and
nourishment and travelling expenses" and nothing is
awarded under the heads "loss of amenities" and "future
medical expenses".
8. This Court has considered the evidence on
record relating to the injuries sustained by the claimant
and the number of days he has spent as an in-patient in
the hospital and also the disability suffered. Though there
is no functional disability that would result in loss of
income to the claimant, by looking at the nature of injuries
suffered by the claimant and the permanent disability
incurred to the limb and whole body, this Court is of the
view that the compensation under the head "pain and
suffering" awarded by the Tribunal is on the lower side and
the same is enhanced from Rs.20,000/- to Rs.1,00,000/-.
9. As far as medical expenses are concerned, the
same is supported by bills and vouchers. Therefore, no
interference is required on the amount awarded under the
said head.
10. "Loss of earning during the laid-up period" is
taken at Rs.24,030/- by the Tribunal. This does not
require any modification. Award Rs.3,900/- towards
attendant charges, food and nourishment and travelling
expenses, is on the lower side and Rs.10,000/- is awarded
against what is awarded by the Tribunal under this head.
11. Considering the nature of the injuries and
disability, compensation of Rs.1,00,000/- is awarded under
the head "loss of amenities". This court while awarding
compensation on this head has also taken into
consideration that the claimant has not suffered any
function disability which would affect his earning. However
there is permanent physical disability of 20% to the limb
and 7% to the whole body. It will consequently result into
loss of amenities in life. If loss of income is awarded on
account of disability then the award under the head of loss
of amenities would be nominal. Where compensation is not
awarded under the head of loss of income on account of
disability, the award under the head of loss of amenities
would not be nominal. Thus in this case Rs.1,00,000=00 is
awarded under the said head.
12. It is also forthcoming from the record that the
doctor has given evidence stating that the claimant needs
Rs.20,000/- towards "future medical expenses". Same is
not awarded by the Tribunal and this Court deems it fit to
award Rs.20,000/- under the head "future medical
expenses".
13. Thus, the compensation is reduced from
Rs.10,90,705 to Rs.2,73,030/-.
14. The compensation shall carry interest at 6% per
annum from the date of petition till realization.
Accordingly, the impugned judgment and award are
modified.
15. In view of the above, MFA No.1247/2014
preferred by the insurer is allowed in part and MFA
No.3430/2014 preferred by the claimant is dismissed.
16. Claimant is entitled to compensation of Rs.
2,73,030/-. The compensation shall carry interest at 6%
per annum from the date of petition till realization.
Sd/-
JUDGE
mv
