Karnataka High Court
The National Insurance Company ... vs Bangarappa S/O Siddappa Pujari on 25 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 101574 OF 2016 (MV-I)
C/W.
MFA CROSS OBJ NO. 100051 OF 2019
IN M.F.A. No.101574/2016:
BETWEEN:
THE NATIONAL INSURANCE COMPANY LTD.,
REPRESENTED BY THE
DIVISIONAL MANAGER,
DIVISIONAL OFFICE, RAMDEV GALLI,
BELAGAVI.
NOW REPRESENTED BY ITS DY. MANAGER
REGIONAL OFFICE, HUBBALLI.
...APPELLANT
(BY SRI. RAJASHEKHAR S ARANI, ADVOCATE)
AND:
1. SHRI. BANGARAPPA S/O. SIDDAPPA PUJARI
AGE:50 YEARS,
OCC. AGRICULTURE and MILK VENDING,
R/O VIJAY NAGAR, TQ. CHIKODI
DIST. BELAGAVI.
2. SRI. PRASHANT S/O. KALLAPPA DHAMANNAVAR
AGE:MAJOR, OCC. BUSINESS and AGRICULTURE
R/O. HALATTI, TAL. CHIKODI,
DIST. BELAGAVI.
(OWNER OF INDICA V2 VEHICLE
-2-
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
BEARING ITS REG. NO.KA23/A7176)
...RESPONDENTS
(BY SMT. SUNANDA P PATIL, ADV. FOR R1;
R2-SERVED AND UNREPRESENTED)
MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988,
AGAINST THE JUDGMENT & AWARD DATED:03.03.2016, PASSED IN
MVC.NO.2745/2014 ON THE FILE OF THE MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, HUKKERI, AWARDING THE
COMPENSATION OF RS.3,89,456/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
IN M.F.A. CROB. No.100051/2019:
BETWEEN:
SHRI. BANGARAPPA S/O. SIDDAPPA PUJARI
AGE:50 YEARS,
OCC. AGRICULTURE and MILK VENDING,
R/O VIJAY NAGAR-591222 TQ. CHIKODI,
DIST. BELAGAVI.
...CROSS OBJECTOR
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
AND:
1. SRI. PRASHANT S/O. KALLAPPA DHAMANNAVAR
AGE:MAJOR, OCC. BUSINESS and AGRICULTURE
R/O. HALATTI-591201, TAL. CHIKODI,
DIST. BELAGAVI.
(OWNER OF INDICA V2 VEHICLE
BEARING ITS REG. NO.KA23/A7176)
-3-
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
2. THE NATIONAL INSURANCE COMPANY LTD.,
REPRESENTED BY THE
DIVISIONAL MANAGER,
DIVISIONAL OFFICE, RAMDEV GALLI,
BELAGAVI-590 001.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADV. FOR R2;
R1-DISPENSED WITH)
MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988,
AGAINST THE JUDGMENT & AWARD DATED:03.03.2016, PASSED IN
MVC.NO.2745/2014 ON THE FILE OF THE MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, HUKKERI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE COMING ON FOR ADMISSIONS, THIS
DAY, THE COURT MADE FOLLOWING;
JUDGMENT
M.F.A. No.101574/2016 is filed by the Insurance
Company challenging the quantum of compensation
awarded.
M.F.A. CROB No.100051/2019 is filed by the claimant
seeking for enhancement.
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
2. The fact that an accident occurred in which the
claimant has suffered fracture of the upper 1/3rd Fibula
and a fracture to a survical spine at C5 is not in dispute.
It is also not in dispute that the offending vehicle was
insured.
3. The Tribunal on consideration of the evidence
adduced has awarded the following sums:
Sl. Heads Rupees
No.
1. Pain and sufferings 62,000-00
2. Loss of future income 2,64,000-00
3. Loss of amenities 20,000-00
4. Special diet, attendant and 20,000-00
conveyance charges
5. Loss of income during treatment 2,000-00
6. Medical/hospital expenses 21,456-00
Total 3,89,456-00
4. In order to come to the said conclusion the
Tribunal has assessed the monthly income of the claimant
at Rs.8,000/- and it has relied upon the medical evidence
adduced by the doctor who had not treated the claimant to
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
come to the conclusion that the claimant has suffered 25%
disability to the whole body.
5. The learned counsel for the insurer contends
that placing reliance on the evidence of the doctor, who
has not treated the claimant would be unsafe and
consequentially the assessment of disability on the basis of
said evidence would also be unsafe. He also submitted
that the monthly income assessed by the Tribunal is on
the higher side.
6. The learned counsel for the cross objector-
claimant contents that the sums awarded to the claimant
is actually on lower side. She submits that sums awarded
towards loss of amenities, pain and suffering, special diet,
attendant and conveyance charges are on the lower side
and also the loss of income during the treatment period is
on the lower side.
7. The evidence of the doctor, even if ignored,
nevertheless, the wound certificate issued by Dr.
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
Prabhakar kore Hospital, indicates that the claimant did
suffer a fracture to the survical spine and there was
Ospeothytc Leping at C5 and there was also fracture of the
upper 1/3rd of Fibula.
8. In view of the fact that there is a fracture to the
spine and the fibula, it can be assumed that the claimant
has suffered 20% disability to the whole body as against
the assessment of 25%.
9. The monthly income determined Rs.8,000/- by
the Tribunal needs affirmation since it is based on the
documents produced by the claimant which indicates that
he was also doing milk vending business in addition to
carrying out agriculture activities.
10. The sums awarded towards pain and suffering
needs to be enhanced from Rs.62,000/- to 72,000/-.
11. Having regard to the fact that the fracture to
the spine and also to the fibula, the amount Rs.20,000/-
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
awarded towards amenities is also required to be
enhanced to Rs.40,000/-.
12. The claimant was admittedly an in-patient for
five days and it would therefore be appropriate to take the
loss of income for one month, which would be Rs.8,000/-.
The sums awarded towards medical expenses and special
diet, attendant and conveyance charges at Rs.21,456/-
and Rs.20,000/- is affirmed.
13. In view of the assessment of disability at 20%
and by considering monthly income of Rs.8,000/-, the
claimant would be entitled to Rs.2,11,200/- (i.e.
Rs.1600X12X11) as against the sum of Rs.2,64,000/-
awarded by the Tribunal.
14. Hence, the claimant is entitled to the modified award
which reads as under:
Sl. Heads Modified Award
No
1 Towards pain and suffering Rs.72,000/-
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
2 Loss of future income Rs.2,11,200/-
(Rs.1600X12X11)
3 Loss of amenities Rs.40,000/-
4 Special diet, attendant and Rs.20,000/-
conveyance charges
5 Loss of income during Rs.8,000/-
treatment
6 Medical/hospital expenses Rs.21,456/-
Total Rs.3,72,656/-
15. In view of the above, I pass the following:
ORDER
(i) M.F.A No.101574/2019 filed by the
Insurance Company is partly allowed.
(ii) M.F.A. CROB No.100051/2019 filed by
the Cross Objector/claimant is
dismissed.
(iii) The Judgment and Award dated
30.03.2016 passed in MVC
No.2745/2014 on the file of the Addl.
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
MACT, Hukkeri, is hereby modified. The
claimant is entitled to a total
compensation of Rs.3,72,656/- as
against the sum of Rs.3,89,456/-
awarded by the Tribunal.
(iv) The Insurance Company/respondent is
directed to deposit the enhanced
compensation along with interest before
the Tribunal within a period of 90 days
from the date of receipt of certified copy
of this judgment,
(v) The amount awarded shall be disbursed
in the same terms as that imposed by
the Tribunal.
(vi) The amount in deposit be transmitted to
the Tribunal for disbursement in
accordance with law.
- 10 -
MFA No. 101574 of 2016
C/W MFA.CROB No. 100051 of 2019
(vii) In addition the claimant would not be
entitle interest during the period of 738
days of delay in filing the cross
objection.
Sd/-
JUDGE
SMM
