Karnataka High Court

Smt Shivamma vs Sri Jaideep Jagannath Haridas on 11 December, 2023

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                                                       NC: 2023:KHC:45081
                                                     MFA No. 6564 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. 6564 OF 2017 (MV-I)

               BETWEEN:

                     SMT SHIVAMMA
                     W/O NANDEESHAIAH
                     AGED ABOUT 43 YEARS
                     R/AT KUNIGAL TOWN,

                     NOW R/AT SHIVA KRUPA,
                     MAHALAKSHMI NAGARA,
                     MADHUGIRI ROAD,
                     SIRA GATE, TUMKUR TOWN,
                     TUMKUR-572 106
                                                             ...APPELLANT
               (BY SRI RAMESH K R.,ADVOCATE)
               AND:

               1.    SRI JAIDEEP JAGANNATH HARIDAS
                     AGED ABOUT 47 YEARS
Digitally
                     R/AT FLAT NO.3,
signed by
JAI JYOTHI J         RAMPRASAD COMPLEX,
                     CHANDNI CHOWK,
Location:
HIGH                 NEAR KARNATAKA B SANGLI
COURT OF             MIRAJ ROAD, SANGLI,
KARNATAKA            MAHARASTRA-416 416
               2.    ICICI LOMBARD GENERAL
                     INSURANCE COMPANY,
                     ICICI LOMBARD HOUSE 414,
                     VEER SARKAR MARG,
                     NEAR SIDDI VINAYAKA TEMPLE,
                     PRABADEVI, MUMBAI,
                              -2-
                                          NC: 2023:KHC:45081
                                       MFA No. 6564 of 2017




    MAHARASTRA-400 025
    SERVICE ADDRESS:
    THE BRANCH MANAGER,
    ICICI LOMBARD GENERAL INSURANCE COMPANY,
    2ND FLOOR, PRAJA PRAGATHI BUILDING,
    B.H.ROAD, TUMKUR TOWN,
    TUMKUR-572 101
    REP BY ITS BRANCH MANAGER.
                                        ...RESPONDENTS
(BY SRI L P SURESH.,ADVOCATE FOR R1;
    SRI LAKSHMINARASAPPA FOR SRI A.M.VENKATESH,
    ADVOCATE FOR R-2)


     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:13.03.2017 PASSED IN MVC
NO.81/2015 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

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


                          JUDGMENT

This is an appeal filed by the claimant aggrieved by

the dismissal of MVC.No.81/2015 dated 13.03.2017 on the

file of the II Addl. Senior Civil Judge & MACT, Tumakuru.

2. The claim petition was filed seeking

compensation of an amount of Rs.8,00,000/- for the

injuries sustained by the claimant in the accident. It is the

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case of the claimant that he is earning an amount of

Rs.10,000/- per month. The court below as there was no

evidence with regard to the income has taken an amount

of Rs.6,000/- as income. As per the evidence of the

doctor, he suffers 20% disability and in several

documents, the age of the claimant is shown as 62, 52

and 41, and the court below had taken 52 years. Under

the head of loss of future income had granted an amount

of Rs.1,58,400/-. Then coming to the pain and suffering,

considering the three grievous injuries suffered by the

claimant, an amount of Rs.60,000/- is awarded. Towards

medical expenses an amount of Rs.9,809/-, towards

attendant charges an amount of Rs.16,000/-, towards food

and nourishment an amount of Rs.16,000/-, towards loss

of income during the laid up period, considering the salary

at an amount of Rs.6,000/- for five months had granted

an amount of Rs.30,000/-, towards loss of amenities an

amount of Rs.25,000/- were granted. Altogether

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compensation of an amount of Rs.3,25,209/- was awarded

by the Tribunal.

3. Learned counsel for the claimant submits that

the claimant had sustained three grievous injuries apart

from the simple injuries. Under the head of pain and

suffering granting of an amount of Rs.60,000/- is on lower

side. He was in hospital for 64 days as inpatient, under

the head of Attendant, Nourishment and Conveyance had

granted an amount of Rs.10,000/-, Rs.16,000/- and

Rs.16,000/- is on the lower side. It is submitted that

when it comes to loss of future court below ought not to

have taken Rs.6,000/- as income and further the age was

wrongly taken as 52 years instead of 42 years. Even

under the head of loss of amenities also, the amounts that

were granted were not reasonable.

4. Learned counsel for the Insurance Company

submits that the Tribunal had rightly considered the

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evidence and considering the discrepancy between the

several records wherein different dates are show, the court

below had rightly taken age at 52 years. It is submitted

that regarding income, without any evidence the court had

taken Rs.6,000/- as income, that also requires re-

consideration. It is submitted that the amounts that were

granted by the tribunal are reasonable and no interference

is called for.

5. Having heard the learned counsel on either

side, perused the entire material on record. As per the

wound certificate, claimant had sustained abrasion over

lateral aspect of right elbow measuring 4 x 4 cm, abrasion

over medial aspect of left elbow measuring 3 x 3 cm,

fracture of both bones of left leg, lacerated wound on left

occipital area measuring 2 x 2 cm, abrasion of right

clavicle and tenderness present and the injuries are

grievous in nature. Under the head of pain and suffering,

the court below had granted an amount of Rs.60,000/-,

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considering the injuries, this court is granting an amount

of Rs.70,000/-. Then coming to loss of future income, as

this is an accident of 2014, though there is no evidence,

this court is inclined to take income at an amount of

Rs.8,500/-, taking 52 years age as per the documents

placed before the court, the claimant is entitled for an

amount of Rs.2,24,400/- under the head of loss of future

income. (Rs.8,500/- x 12 x 11 x 20/100=Rs.2,24,400/-) .

Then coming to Attendant charges, admittedly there is 64

days hospitalization period, this court is granting an

amount of Rs.30,000/- . Towards Conveyance and

Nutrition charges, the court below had rightly granted an

amount of Rs.10,000/- and Rs.16,000/- which this

court is not inclined to interfere. Towards medical

expenses an amount of Rs.9,809/- is granted by the

court below, which is a reasonable amount. Then coming

to the loss of income during the laid up period, as this

court is considered the income at Rs.8,500/-, for five

months an amount of Rs.42,500/- is granted. Towards

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Loss of amenities, considering the evidence of the doctor

that the claimant is unable to squat and sit cross leg,

difficulty in standing on the left lower limb without

support, fore arm muscle power is reduced and range of

movement at right fore arm is painful, this court is inclined

to grant an amount of Rs.35,000/-.

6. In the light of the law laid down by the Hon'ble

Supreme Court in the case of V. MEKALA -Vs- M.

MALATHI AND ANOTHER 1, the claimant is entitled for

an amount of Rs.10,000/- towards legal expenses.

Altogether the claimant is entitled for an amount

Rs.4,47,709/- at 6% interest.

7. The claimant is entitled for compensation under

the following heads:

Sl. Description of Items Compensation Awarded No.

(2014) 11 SCC 178

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1. Loss of future income Rs. 2,24,400/-

2. Pain and suffering Rs. 70,000/-

3. Medical Expenses Rs. 9,809/-

4. Attendant charges Rs. 30,000/-

5. Conveyance charges Rs. 10,000/-

6. Food and nourishment Rs. 16,000/-

7. Loss of income during Rs. 42,500/-

laid up period

8. Loss of Amenities Rs. 35,000/-

9. Legal Expenses Rs. 10,000/-

Total Rs. 4,47,709/-

8. Accordingly, the appeal filed by the claimant is

Allowed-in-part by enhancing the compensation amount

from an amount of Rs.3,25,209/- to Rs.4,47,709/-.

(a) The compensation amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.

(b) Respondent-Insurance Company shall deposit the said compensation amount

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with accrued interest before the tribunal within a period of 8 (Eight) weeks.

(c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay.