Karnataka High Court
Smt. Kalleshappa @ Kallesh vs Icici Lombard General Insurance ... on 20 December, 2023
-1-
NC: 2023:KHC:46650
MFA No. 8112 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. 8112 OF 2019 (MV-I)
BETWEEN:
SRI. KALLESHAPPA @ KALLESH,
S/O LATE SHIVANANDAPPA,
AGED ABOUT 47 YEARS,
RESIDING AT NO.61, 7TH CROSS,
NAGARAJ BUILDING,
GARUDACHARYAPALYA,
BANGALORE - 560 048.
...APPELLANT
(BY SRI. ADARSH R, ADVOCATE FOR
SRI. PRAMODA GOWDA T P, ADVOCATE)
AND:
1. ICICI LOMBARD GENERAL INSURANCE
Digitally
signed by COMPANY LTD., 2ND FLOOR,
JAI JYOTHI J
SVR COMPLEX, NO.89,
Location:
HIGH HOSUR MAIN ROAD, MADIWALA,
COURT OF
KARNATAKA BANGALORE - 560 068.
(INSURER OF VEHICLE ALTO CAR BEARING
NO.KA-07-M-7530. POLICY
NO.3001/MI/03895731/00/000
VALID FROM 02.08.2016 TO 01.08.2017
2. G. SURESH BABU,
S/O M. GOVINDAPPA,
#81, HUNKUNDA VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 161.
-2-
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MFA No. 8112 of 2019
(OWNER OF THE VEHICLE ALTO CAR
BEARING NO.KA-07-M-7530)
...RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R1;
NOTICE NOT YET ORDERED IN RESPECT OF R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.12.2018 PASSED IN MVC
NO.3744/2017 ON THE FILE OF THE XXI ADDITIONAL SCJ AND
XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.3744/2017 dated 17.12.2018 by the XXI
Additional Small Causes Judge and the Motor Accident
Claims Tribunal (SCCH-23) at Bengaluru, the claimant is
before this Court seeking enhancement of the
compensation. The claim petition was filed seeking
compensation of an amount of Rs.20,00,000/- for the
injuries sustained by the claimant in the accident.
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2. According to the claimant, he was 44 years old as
on the date of the accident, working as a Mason and
earning an amount of Rs.20,000/- per month. As per the
wound certificate, he had sustained laceration of 5 cm
over left parietal region, fracture right tibia and fibula right
leg at middle 1/3rd and lower 1/3rd area. As there was no
evidence, the Tribunal had taken the income at Rs.9,000/-
per month. According to the doctor, the claimant had
sustained 29% disability to his right lower limb and 10%
disability to the whole body. The Court below had
considered 10% disability and granted compensation
under the following heads:
Heads Compensation
Awarded
1. Pain and sufferings Rs. 40,000/-
2. Loss of future earnings Rs. 1,51,200/-
3. Medical expenses Rs. 46,135/-
4. Loss of amenities of life Rs. 25,000/-
5. Conveyance, nourishment & Rs. 30,000/-
nutritious food
6. Loss of future medical Rs. 15,000/-
expenses
Total Rs. 3,17,335/-
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3. Learned counsel appearing for the claimant
submits that the compensation that was granted by the
Tribunal under the head of pain and suffering is on the
lower side. He submits that when it is the case of the
claimant that he was earning an amount of Rs.20,000/-
per month, the Court below had taken only an amount of
Rs.9,000/- as the income which is on the lower side. It is
submitted that under all the heads, the compensation that
was awarded by the Tribunal was not a reasonable
compensation.
4. Learned counsel appearing for the Insurance
Company submits that the Court below had rightly
considered the evidence and granted the compensation
and no grounds are made out seeking enhancement of the
compensation.
5. Having heard the learned counsel on either side,
perused the entire material on record. In this case, the
claimant had sustained one grievous injury. Under the
head of pain and suffering, the Court below had granted
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an amount of Rs.40,000/- and no interference is called for.
As this is an accident of the year 2016, the Court below
had taken an amount of Rs.9,000/- as the income and it
calls for no interference. Hence, the compensation
granted towards loss of future income do not require any
enhancement. Towards medical bills, the Court below had
rightly granted the compensation. Then coming to the
loss of amenities, the Court below had granted an amount
of Rs.25,000/-. Considering the disability, this Court is
granting an amount of Rs.30,000/- towards loss of
amenities. Towards conveyance, nourishment and
nutritious food, the Court below had rightly granted the
compensation. Towards future medical expenses also no
enhancement is required. Towards loss of income during
the laid up period, no amounts were granted. Considering
the income at Rs.9,000/- for three months (Rs.9,000x3),
this Court is granting an amount of Rs.27,000/- towards
loss of income during the laid up period.
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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 ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
Altogether, the claimant is entitled for compensation of an
amount of Rs.3,59,335/-.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and suffering : Rs. 40,000/-
2. Medical expenses : Rs. 46,135/-
3. Loss of amenities : Rs. 30,000/-
4. Conveyance, nourishment and : Rs. 30,000/-
nutritious food
5. Loss of income during the laid : Rs. 27,000/-
up period
6. Loss of future earnings : Rs. 1,51,200/-
7. Future medical expenses : Rs. 25,000/-
8. Legal Expenses : Rs. 10,000/-
TOTAL : Rs.
3,59,335/-
(2014) 11 SCC 178
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8. Accordingly, the appeal of the claimant is
allowed-in-part, by enhancing the compensation from an
amount of Rs.3,17,335/- to Rs.3,59,335/- setting aside
the award passed in M.V.C.No.3744/2017 dated
17.12.2018.
i. The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization. The claimant will not be entitled for
any interest for the delayed period.
ii. 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.
iii. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
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copy of the order passed by this Court forthwith
without any delay.
iv. No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
MEG
CT: BHK
