Karnataka High Court
M/S Shriram General Insurance Company ... vs Suresh @ Suresh on 11 December, 2023
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MFA No. 8593 of 2017
C/W MFA No. 4689 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8593 OF 2017 C/W
MISCELLANEOUS FIRST APPEAL NO. 4689 OF 2017
IN MFA NO. 8593 OF 2017
BETWEEN:
SURESH @ SURESH
KRISHNAJI UDUPI,
S/O LATE KRISHNAJI UDUPI,
AGED ABOUT 45 YEARS,
R/A NO.1, B.M.RAMAKRISHNA RAO,
BUILDING, ABBIGERE MAIN ROAD,
NEAR KANNADA GOVT. SCHOOL,
BANGALORE NORTH,
CHIKKABANAVARA,
BENGALURU 560090.
Digitally ...APPELLANT
signed by JAI
JYOTHI J (BY SRI.SUMA.,ADVOCATE)
Location:
HIGH
COURT OF AND:
KARNATAKA
1. SRI.RAM GENRAL INSURANCE CO. LTD & ANOTHER
NO.5/4, IIIRD FLOOR,
S.V. ARCADE,
BILEKALLI MAIN ROAD,
BILEKAHALLI OFFICE,
B.G.ROAD, IIM POST,
BENGALURU-560 076.
2. MR.SURESH,
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MFA No. 8593 of 2017
C/W MFA No. 4689 of 2017
S/O DUNDARAM,
NO.32/6, CHIKKAMARANAHALLI,
NEW BEL ROAD,
RMV EXTENSION,
II STAGE,
BENGALURU-560013.
...RESPONDENTS
(BY SRI.B.C.SHIVANNE GOWDA., ADVOCATE FOR R1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.03.2017 PASSED IN MVC
NO.140/2016 ON THE FILE OF THE MEMBER, PRINCIPAL
MOTOR ACCIDENT CLAIMS TRIBUNAL AND CHIEF JUDGE,
COURT OF SMALL CAUSES, BENGALURU ,PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA 4689 OF 2017
BETWEEN:
1. M/S SHRIRAM GENERAL INSURANCE COMPANY LTD
NO.5/4, 3RD FLOOR, S.V. ARCADE,
BILEKAHALLI MAIN ROAD, BILEKAHALLI OFFICE,
OFF BANNERUGHATTA ROAD,
IIM POST, BANGALORE - 560076.
...APPELLANT
(BY SRI. B C SHIVANNE GOWDA.,ADVOCATE)
AND:
1. SURESH @ SURESH
S/O KRISHNAJI UDUPI,
AGED ABOUT 46 YEARS,
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MFA No. 8593 of 2017
C/W MFA No. 4689 of 2017
R/O NO.1, B.M. RAMAKRISHNA RAO, BUILDING,
ABBIGERE MAIN ROAD,
NEAR KANNADA GOVT. SCHOOL (PRIMARY)
ABBIGERE
BANGALORE NORTH, CHIKKABANAWARA,
BANGALORE - 560014
KARNATAKA
2. SURESH
S/O DUNDARAM,
AGED ABOUT 47 YEARS,
NO.32/6,
CHIKKAMARANAHALLI,
NEW BEL ROAD,
RMV EXTENSION,
II STAGE
BANGALORE-01
...RESPONDENTS
(BY SRI. RAGHU R FOR SMT. SUMA .,ADVOCATE FOR R1;
V/O DATED 11.12.2023 NOTICE TO R2 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED18.03.2017 PASSED IN MVC
NO.140/2016 ON THE FILE OF THE MEMBER PRINCIPAL MACT
AND CHIEF JUDGE, COURT OF SMALL CAUSES AT BENGALURU,
AWARDING COMPENSATION OF RS.6,49,363/- WITH INTEREST
AT THE RATE OF 9% P.A. (ON RS.6,29,363/-) FROM THE DATE
OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.140/2016, dated 18.03.2017, both the
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Insurance Company as well as the claimant are before this
Court. The claim petition was filed seeking compensation
of an amount of Rs.10,00,000/- and the Court below had
granted Rs.6,49,366/-.
2. According to the claimant, he was working as a
Accountant with Eurosit Systems Furniture and he is
drawing a salary of Rs.25,500/-. As per the doctor, he has
suffered close fracture of right leg and was inpatient for 21
days. The doctor had deposed that he had suffered 41.6%
disability and whole body is 10% and the Court had taken
10% disability and granted an amount of Rs.4,28,400/-
under the head of loss of income on account of disability.
Then under the head of pain and suffering Rs.35,000/- is
awarded. Attendant charges, conveyance and other
incidental expenses granted an amount of Rs.25,000/- .
Towards Medical expenses granted an amount of
Rs.39,463/-. Loss of income during the treatment period
considering three months, had granted an amount of
Rs.76,500/-. Loss of amenities in life granted an amount
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of Rs.25,000/- and future medical expenses granted an
amount of Rs.20,000/-. Altogether, a compensation of
Rs.6,49,363/- is awarded.
3. The Learned counsel appearing for the Insurance
Company submits that the Court below without any basis
had granted the compensation, further, the interest
awarded is at 9% which is exhorbitent. The Learned
counsel submits that the claimant had produced the salary
certificate to show, what was the income of the claimant.
When it is the case of the claimant that he had resigned
the job because he was not in a position to continue the
work because of the disability, the Court ought not to have
considered that granted the compensation under the head
of loss of future income due to disability without any
evidence. It is submitted that on all the other heads also
the compensation which was awarded by the Tribunal is on
higher side and no grounds are made out for enhancement
of compensation.
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4. The Learned counsel appearing for the claimants
submits that when the doctor had deposed that he had
suffered 41.6% disability, but the Court had taken only
10% disability. The Court ought to have taken 14% as the
disability which is 1/3rd of the limb disability. It is
submitted that he is no more working and resigned from
the office. He has examined the employer as PW.3. It is
submitted that when he was in the hospital for 21 days
Court had granted only an amount of Rs. 25,000/- for the
attendant charges. Even under the head of loss of
amenities also the compensation that was granted by the
Tribunal was not reasonable.
5. Having heard the counsels on either side, perused
the entire material on record.
6. In this case, the claimant had sustained fracture
under the head of pain and suffering this Court is
granting an amount of Rs.40,000/-. Considering the fact
that he was in hospital for 21 days, under the head of
attendant charges, conveyance and incidental
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expenses, this Court is inclined to granting an amount of
Rs.30,000/-. As far as Medical expenses are concerned
i.e., not in dispute as it is Rs.39,463/-. Then coming to the
loss of income during the laid up period Court below
considering the income for three months has granted an
amount of Rs.76,500/- and no interference is call for in
that regard. Then coming to the loss of income on account
of disability when the doctor had deposed that the
disability to the limb is 41.6%. The Court without any
basis had taken 10%. Hence, this Court is taking 1/3rd of it
as 14%. This Court is not able to appreciate the contention
of the learned counsel for the insurance company that no
evidence is placed before the Court. The evidence of the
employer who is examined as PW.3 is sufficient to show
that has resigned the job. Hence, he is entitle for an
amount of Rs.5,29,000/- towards loss of future income
(22,500X12X14X14/100). Towards future medical
expenses the doctor deposed that it is Rs.30,000/-, the
Court below had granted an amount of Rs.20,000/- and
this Court is granting an amount of Rs.25,000/-. Loss of
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amenities Court below had rightly granted an amount of
Rs.25,000/- and no interference is call for.
7. Further, in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
Altogether, the claimant is entitled for a compensation of
Rs.7,75,163/-.
i) Accordingly, the appeal of the Insurance
Company is allowed-in-part, by
reducing the interest from 9% to 6%.
ii) The appeal of the claimant is also
allowed-in-part by enhancing the
compensation amount from
Rs.6,29,363/- to Rs.7,75,163/-.
(2014) 11 SCC 178
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iii) The enhanced amount shall carry
interest at 6% p.a. from the date of
petition till the date of realization.
iv) The respondent - Insurance Company
shall deposit the amount within a period
of eight weeks from the date of receipt
of copy of the judgment. On such
deposit, the claimant is entitled to
withdraw the entire amount without
furnishing any security.
v) Registry is directed to return the Trial
Court Records to the Tribunal, along
with certified copy of the order passed
by this Court forthwith without any
delay.
vi) The amount in deposit shall be released
in favour of the Insurance Company
forthwith.
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vii) No costs.
8. Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
RMS
