The Divisional Manager M/S The ... vs Sri Abhishek Kumar
2022 Latest Caselaw 8879 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 15TH DAY OF JUNE, 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.9414 OF 2011 (MV)

BETWEEN:

THE DIVISIONAL MANAGER
M/S. THE ORIENTAL INSURANCE COMPANY LIMITED
DIVISIONAL OFFICE-12, 1001/56, JAYALAKSHMI MANSION,
2ND FLOOR, DR. RAJKUMAR ROAD,
4TH BLOCK, RAJAJINAGAR,
BENGALURU-560 010.
THROUGH ITS REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
NO.44/45, RESIDENCY ROAD,
BENGALURU-1.
REPRESENTED BY ITS REGIONAL MANAGER.
                                          ... APPELLANT
(BY SRI. B.S. UMESH, ADVOCATE)

AND:

1.   SRI. ABHISHEK KUMAR
     S/O KAMAL KISHORE PRASAD SINGH
     AGED ABOUT 25 YEARS
     RESIDING AT T. DASARAHALLI,
     NETHAJINAGAR, NEAR M.K. CLINIC,
     BENGALURU-560 057.

2.   MR. P. NAGARAJU
     S/O PATALAPPA
     AGE: MAJOR,
     RESIDING AT NO.194,
     HOSUR BANDE, KANNURU,
     BENGALURU NORTH,
     BENGALURU-560 049.
                               2




                                      ... RESPONDENTS
(VIDE ORDER DATED 08.01.2016, NOTICE TO R1 IS HELD
SUFFICIENT; R2 IS SERVED)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 25TH JUNE, 2011 PASSED IN
M.V.C NO.5327 OF 2010 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES,
BENGALURU, AWARDING A COMPENSATION OF RS.2,44,500/-
WITH INTEREST AT 6% PER ANNUM EXCLUDING INTEREST
ON FUTURE MEDICAL EXPENSES FROM THE DATE OF
PETITION TILL DEPOSIT.

     THIS APPEAL COMING ON FOR HEARING, THIS DAY,
THE COURT, DELIVERED THE FOLLOWING:

                       JUDGMENT

Heard learned counsel appearing for appellant. Both the

respondents are served, unrepresented.

2. The appellant-Insurance Company has questioned the

award dated 25th June, 2011 passed in M.V.C No.5327 of 2010

on the file of the Motor Accident Claims Tribunal, Bengaluru

(for short, hereinafter referred to as 'Tribunal'). In terms of

the impugned award, as against the claim of Rs.10,00,000/-,

the Tribunal has awarded compensation of Rs.2,44,500/- to

the claimant along with interest at the rate of 6% per annum.

3. There is no dispute with regard to the accident and

injuries suffered by the claimant in the accident and other

details of case are not required. Tribunal awarded

compensation of Rs.2,44,500/- under the following heads:

     SL.                  Head                       Amount (Rs.)
     No.
      1     Pain and suffering                          1,00,000-00

      2     Medical Expenses                               6,500-00

      3     Disability                                    40,000-00

      4     Loss of amenities in life                     50,000-00

      5     Loss of leave (Rs.15,000/-x1)                 15,000-00

      6     Future Medical expenses                       30,000-00

      7     Attendant charges                              2,000-00

      8     Conveyance                                     1,000-00

                         TOTAL                         2,44,500-00

4. Learned counsel appearing for appellant would

submit that the Tribunal has erred in awarding compensation

of Rs.1,00,000/- under the head pain and suffering and

Rs.30,000/- under the head future medical expenses. This

Court had considered the contention and also material placed

on record. The evidence on record would indicate that the

claimant has suffered fracture type II, middle 1/3rd of both

bones of right leg. It is also forthcoming from the record that

the petitioner was inpatient for ten days from 13th July, 2010

to 23rd July, 2010. The certificate at Exhibit P8 would also

indicate that the petitioner was advised three months rest and

he did not attend office from 14th July, 2010 to 01st November,

2010. Insofar as future Medical expenses is concerned, the

compensation of Rs.30,000/- awarded is without any evidence

and considering the nature of the injury suffered by the

claimant and also the fact that the accident is of the year

2010, this Court is of the opinion that the award of

Rs.1,00,000/- awarded by the Tribunal under the head Pain

and suffering is on the higher side, accordingly, same has to

be scaled down to Rs.75,000/-. Further, the award of

Rs.30,000/- under the head future medical expenses is

without there being any documentary evidence to support it.

Accordingly, it has to be set aside. In the result, appeal is

allowed in part by reducing the compensation by Rs.55,000/-.

The compensation awarded by the Tribunal under other heads

remain unaltered. The claimant is entitled for total

compensation as under:

      SL.              Head                     Amount (Rs.)
      No.
       1  Pain and suffering                           75,000-00
       2   Medical Expenses                             6,500-00
       3   Disability                                  40,000-00
       4   Loss of amenities in life                   50,000-00
       5   Loss of leave (Rs.15,000/-x1)               15,000-00
       6   Attendant charges                            2,000-00
       7   Conveyance                                   1,000-00
                        TOTAL                      1,89,500-00



       Amount     in    deposit   shall   be    transferred   to   the

jurisdictional Tribunal. Excess amount, if any in deposit, shall

be refunded to the appellant.

Sd/-

JUDGE

ARK