Karnataka High Court
Sri. Shivakumar vs The Divisional Manager on 20 December, 2023
-1-
NC: 2023:KHC:46977
MFA No. 6358 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 6358 OF 2019
(MV-I)
BETWEEN:
SRI. SHIVAKUMAR
S/O MOHAN CHANDRA ROY,
R/AT NO.15, 4TH CROSS, HMT PATELAPPA
LAYOUT, NAGASHETTY HALLI,
RMV EXTENSION,
BENGALURU-560094
...APPELLANT
(BY SRI. ANIL KUMAR M.,ADVOCATE)
AND:
Digitally
signed by JAI
JYOTHI J 1. THE DIVISIONAL MANAGER
Location:
HIGH COURT THE UNITED INDIA INS. CO.LTD.,
OF DIVISIONAL OFFICE-09
KARNATAKA NO.10/4, MITHRA TOWERS,
KASTURABA ROAD,
BENGALURU-560 001
2. MR. RAVEESHA S.S.,
S/O SRI. SHIVAMURTHY,
NO.64, 1ST CROSS, 1ST MAIN,
NEAR ROCKLINE STUDIO,
RAJIVGANDHI NAGAR,
DODDABIDARAKALLU,
BENGALURU-560073
-2-
NC: 2023:KHC:46977
MFA No. 6358 of 2019
...RESPONDENTS
(BY SRI. B C SHIVANNE GOWDA.,ADVOCATE FOR R1;
V/O DTD 20.12.2023 NOTICE TO R2 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 16.01.2019
PASSED IN MVC NO.7715/2016 ON THE FILE OF THE II
ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL
CAUSES, MACT, BENGALURU (SCCH-13) PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION
BARRED BY TIME.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
MVC.No.7715/2016 dated 16.01.2019, the claimant is
before this court seeking enhancement of the
compensation.
2. In this case, the claimant had sustained right
tibial fracture type II and the according to him, he was
working as Switch Board Engine Operator (SBEO) and
earning an amount of Rs.59,016/- per month. He has also
marked the pay slips, the court had observed that the pay
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settlement slips bear the seal of the Assistant Engineer
(Elec) Electricity Department, Campbell. When it comes to
the disability, according to the doctor, claimant had
sustained 22% disability to right lower limb, 7% disability
for the whole body and the same was not considered by
the court below, As he was working in the Electricity
Department, and has not adduced any evidence to show
that because of the injuries sustained by him there is
impact on his income and granted the compensation under
the following heads:-
Sl. Description of Items Compensation
Awarded
No.
1. Pain and suffering Rs. 40,000/-
2. Medical Expenses Rs. 1,06,330/-
3. Loss of income during Rs. 2,95,080/-
the laid up period
4. Loss of amenities Rs. 25,000/-
5. Conveyance charges, Rs. 30,000/-
nutritious food and
nourishment
Total Rs. 4,96,410/-
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3. There is no representation on behalf of the
appellant-claimant. Learned counsel appearing for the
insurance company submits that the Tribunal had rightly
granted the compensation. Under the head of loss of
future income as there was no evidence placed on record
that the injuries had impact on his future income. It is
submitted that the compensation that was awarded by the
Tribunal is just and reasonable and no grounds are made
out for enhancement of the compensation.
4. Having heard the learned counsel appearing for
the insurance company, perused the entire material on
record. In this case, the claimant had sustained right
tibial fracture and the court below had granted an amount
of Rs.40,000/- under the head of pain and suffering,
which requires no interference. Towards loss of income
during the laid up period considering the income of
Rs.59,016/- as per the pay slips, for five months had
granted an amount of Rs.2,95,080/-, this court do not
final reasons to interfere with the same. Towards
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medical expenses also, as per the medical bills the court
below had granted an amount of Rs.1,06,330/- and no
interference is called for. When it comes to loss of future
income, the court below had rightly not granted any
amount, as the claimant has not adduced any evidence.
Having produced the evidence that he is earning an
amount of Rs.59,016/-, he could have as well produced
the evidence that because of the injuries sustained by him,
there is loss of future income. Then coming to the loss of
amenities, considering the disability of 7%, this court is
granting an amount of Rs.50,000/-. Then coming to
Food, conveyance and attendant charges, the court
below had rightly granted an amount of Rs.30,000/- and
no interference is called for.
5. 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.
(2014) 11 SCC 178
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Altogether, the claimant is entitled for an amount
Rs.5,31,410/- at 6% interest.
6. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of income during Rs. 2,95,080/-
laid up period
2. Pain and suffering Rs. 40,000/-
3. Medical Expenses Rs. 1,06,330/-
4. Loss of amenities Rs. 50,000/-
5. Conveyance and Rs. 30,000/-
attendant charges
6. Legal Expenses Rs. 10,000/-
Total Rs. 5,31,410/-
7. Accordingly, the appeal filed by the claimant is
Allowed-in-part by enhancing the compensation amount
from an amount of Rs.4,96,410/- to Rs.5,31,410/-.
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(a) The enhanced 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
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.
(d) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
TS
