Karnataka High Court
Smt. Dunda Madamma vs Bharthi Axa General Insurance ... on 9 August, 2023
Bench: M.I.Arun
-1-
NC: 2023:KHC:28205
MFA No. 7794 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.7794 OF 2019(MV-I)
BETWEEN:
SMT. DUNDA MADAMMA,
W/O LATE VENKATAGIRIYAPPA,
AGED ABOUT 62 YEARS,
R/AT: DEVARA KAGGALAHALLI,
JAKKASANDRA, HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562 117.
...APPELLANT
(BY SRI. GIRIMALLAIAH, ADVOCATE)
AND:
1. BHARTHI AXA GENERAL
INSURANCE COMPANY LTD.,
NO.28, 1ST FLOOR,
FERN'S ICON BUILDING,
DODDANAKKUNDI VILLAGE,
Digitally OUTER RING ROAD,
signed by V
MANJUSHA MARATHAHALLI,
BAI
Location: High
BANGALORE-560 037.
Court of BY ITS MANAGER.
Karnataka
2. MR. B.S.SHIVA KUMAR,
S/O SHIVASHANKAAR,
MAJOR,
(AGE NOT KNOWN TO THE APPELLANT)
NO.72, K.H.B., 4TH CROSS,
MEENAKSHINAGAR, KAMAKSHIPLAYA,
BENGALURU-560 079.
...RESPONDENTS
(BY SRI. PRADEEP B., ADVOCATE FOR R1;
VIDE ORDER DATED 13.04.2023 NOTICE TO R2
DISPENSED WITH)
-2-
NC: 2023:KHC:28205
MFA No. 7794 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.04.2019 PASSED IN MVC
NO.3143/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, AND MEMBER MACT, BENGALURU
(SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated
08.04.2019 passed in MVC No.3143/2017 by the Court of
XIII Addl. Judge, Court of Small Causes and Member,
MACT, Bengaluru (SCCH-15), (for short 'the Tribunal'), the
petitioner therein has preferred this appeal.
2. For the sake of convenience, the parties are referred
to herein as per their status before the Tribunal.
3. Brief facts of the case are as follows:
On 26.03.2017 at about 12.30 p.m. while the
petitioner was traveling in an auto rickshaw bearing
Reg.No.KA-42-A-6157, he met with an accident near
Thamasandra, Harohalli Hobli, Kanakapura Taluk with a
NC: 2023:KHC:28205
MFA No. 7794 of 2019
Santro Car bearing Reg.No.KA-05-P-8742 and the accident
was caused due to the rash and negligent driving of the
car which was duly insured with respondent No.1.
Due to the said accident, the petitioner suffered the
following injuries: Right shoulder greater Tuberosity
fracture with anterior dislocation.
4. The Tribunal, based on the evidence let in has
awarded a compensation of Rs.1,75,500//- along with
interest at the rate of 6% p.a. from the date of petition till
realization. Not satisfied by the same, the petitioner has
preferred this appeal.
5. The accident occurred in the year 2017. Though the
notional income as per the chart prepared by the
Karnataka State Legal Services Authority in consultation
with the insurance companies which will be Rs.11,000/-
per month, the petitioner in the claim petition has
mentioned his income as Rs.10,500/- per month and the
same will have to be considered for calculating the
compensation.
NC: 2023:KHC:28205
MFA No. 7794 of 2019
6. The petitioner was aged 60 years at the time of
accident. Hence, the multiplier of '9' has to be adopted as
per the law laid down by the Hon'ble Supreme Court in
Sarla Verma & Ors vs Delhi Transport Corp.& Anr
reported in 2009(6) SCC 121.
7. The total body disability taken by the Tribunal is 8%,
when the doctor has deposed that the petitioner has
suffered a permanent disability to an extent of 44% to the
right upper limb. The said deposition has not been
impeached and hence, the total body disability is
considered at 14%.
8. Thus, towards 'loss of future income' the petitioner is
entitled to a sum of Rs.1,58,760/- (Rs.10,500/- x 12 x 9
x 14%) as against Rs.69,500/- awarded by the Tribunal.
Towards 'loss of income during laid up period', given the
nature of injuries, three months has to be considered as
the laid up period and the petitioner is entitled to a sum of
Rs.31,500/- (Rs.10,500/- x 3) as against Rs.16,000/-
NC: 2023:KHC:28205
MFA No. 7794 of 2019
awarded by the Tribunal. Towards 'pain and suffering', a
sum of Rs.40,000/- is awarded. Given the nature of
injuries, I deem the same to be appropriate. Towards
'medical expenses', based on actual bills, a sum of
Rs.10,000/- is awarded. I deem the same to be
appropriate. Towards 'loss of future amenities', a sum of
Rs.20,000/- is awarded. Given the nature of injuries, I
deem it appropriate. Towards 'diet and conveyance', a
sum of Rs.10,000/- is awarded. Given the nature of
injuries and the treatment taken, I deem it appropriate.
Towards 'future medical expenses', a sum of Rs.10,000/-
is awarded. I deem the same to be appropriate.
9. Thus, the petitioner is entitled to a total
compensation of Rs.2,80,260/- as against Rs.1,75,500/-
awarded by the Tribunal. Thus, the petitioner is entitled to
an enhanced compensation of Rs.1,04,760/-
(Rs.2,80,260/- minus Rs.1,75,500/-) as detailed in the
table below:
NC: 2023:KHC:28205
MFA No. 7794 of 2019
Compensation Compensation
Sl. Heads of
awarded by awarded
No. Compensation
the Tribunal herein
1. Pain and sufferings Rs.40,000/- Rs.40,000/-
2. Loss of laid up period Rs.16,000/- Rs.31,500/-
3. Medical expenditure Rs.10,000/- Rs.10,000/-
Future medical
4. Rs.10,000/- Rs.10,000/-
expenditure
5. Loss of future income Rs.69,500/- Rs.1,58,760/-
Towards diet and
6. Rs.10,000/- Rs.10,000/-
conveyance
7. Loss of amenities Rs.20,000/- Rs.20,000/-
TOTAL Rs.1,75,500/- Rs.2,80,260/-
10. Further, given the bank rate of interest, I deem it
appropriate to award interest at the rate of 6% p.a. on the
enhanced compensation from the date of petition before
Tribunal till realization. Hence, the following:
ORDER
i) The appeal is allowed in part;
ii) The total compensation awarded by the
Tribunal is modified and the petitioner is
entitled to an enhanced compensation of
Rs.1,04,760/- along with interest at the rate
of 6% per annum from the date of filing of the
petition before the Tribunal till the date of
NC: 2023:KHC:28205
MFA No. 7794 of 2019
realization in addition to what has been already
awarded by the Tribunal;
iii) Respondent No.1-insurance company shall be
liable to pay the compensation amount along
with due interest thereon within a period of six
weeks from the date of receipt of certified copy
of this judgment and order;
iv) Draw modified award accordingly;
v) Registry to return the records to the
jurisdictional Tribunal forthwith.
SD/-
JUDGE
PGG
