Karnataka High Court
The Branch Manager vs Basavaraja M on 18 December, 2023
-1-
NC: 2023:KHC:46217
MFA No. 4484 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 4484 OF 2019
(MV-I)
BETWEEN:
THE BRANCH MANAGER
SHRIRAM GENERAL INSURANCE COMPANY LTD,
BRANCH OFFICE,
BANNERGUGATTA ROAD,
BILAKALAHALLI MAIN ROAD,
IMI POST,
BANGALORE 76
...APPELLANT
Digitally
signed by JAI (BY SRI. B. PRADEEP.,ADVOCATE)
JYOTHI J
Location: AND:
HIGH COURT
OF
KARNATAKA
1. BASAVARAJA M
S/O. MUNIYAPPA,
AGED ABOUT 20 YEARS,
R/O. KEB COLONY,
NAYAKANAHATTY,
CHALLAKERE TALUK,
CHITRADURGA DIST,
R.O., PILLEKARANAHALLI,
CHITRADURGA DIST
-2-
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MFA No. 4484 of 2019
2. ZAKIR HUSSIN
S/O. HOONUR SAB,
MAJOR,
RC OWNER OF ASHOK LEYLAND (DOST LS)LGV,
BEARING REG NO. KA-16-C-4315,
R/O. NAYAKANAHATTY, CHALLAKERE TALUK,
CHITRADURGA DIST
...RESPONDENTS
(BY SRI.GIRISH B.MANGONNONEVER.,ADVOCATE FOR;
SRI. B. PRAMOD., ADVOCATE FOR R1;
R2 - SERVEDA AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED06/02/2019, PASSED
IN MVC NO.389/2018, ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL
MACT-IV, CHITRADURGA, AWARDING COMPENSATION OF
RS.3,96,484/- WITH INTEREST AT THE RATE OF 8% P.A.,
FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC.No.389/2018
dated 06.02.2019 on the file of the 1st Addl. Senior Civil
Judge & Addl. MACT, Chitradurga, the insurance company
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is before this court questioning the quantum of
compensation.
2. The claim petition is filed by the claimant
seeking compensation of an amount of Rs.20,00,000/- for
the injuries sustained by the claimant, wherein the
Tribunal had awarded the compensation of an amount of
Rs.3,96,484/- with 8% interest. According to the claimant
as per the wound certificate he had sustained following
injuries:-
1. Abrasion over the (L) palm 4 x 1 cms
2. Abrasion over the right elbow 4 x 4 cms
3. Fracture of left tibia & left fibula
According to the doctor, he had sustained to 32%
disability to the left leg and court below had taken 10%
disability. When it comes to income, according to the
claimant, he is earning an amount of Rs.20,000/- per
month and the court had taken Rs.8,000/- per month and
added 40% future prospects and granted compensation.
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3. Learned counsel for the appellant-Insurance
Company submits that the court below ought not to have
granted the future prospects and the compensation that
was awarded by the Tribunal was on the higher side. It is
submitted that the interest is granted at 8% which is also
on the higher side.
4. Learned counsel for the claimant submits that
the court below had rightly granted the compensation and
no grounds are made out for reducing the compensation.
5. Having heard the learned counsel for either
side, perused the entire material on record. In this case,
the claimant had sustained injuries i.e., abrasion over the
(L) palm 4 x 1 cms, abrasion over the right elbow 4 x 4
cms and fracture of left tibia & left fibula. Further
according to the claimant he is earning an amount of
Rs.20,000/- per month and the Tribunal has taken
Rs.8,000/- per month. As this is an accident of the year
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2018, even as per the chart it is Rs.12,500/-. The court
below had granted 40% future prospects and granted the
compensation. If the calculation has to be revisited the
court has to take income also into consideration, the
income was also on the lower side. Hence, in that view of
the matter, this court finds that the compensation that
was awarded by the Tribunal was just and reasonable and
no grounds are made out for interference. But as far as
interest part is concerned the court below had granted
interest at 8%, the same is reduced to 6% on the entire
compensation amount.
6. Accordingly, the appeal filed by the Insurance
Company is Allowed-in-part by reducing the interest on
the compensation from 8% to 6%.
(a) The amount in deposit shall be forthwith
transferred to the Tribunal.
(b) The Registry is directed to return the Trial
Court Record to the Tribunal along with
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the certified copy of the order passed by
this court forthwith without any delay.
(c) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
TS
