Karnataka High Court
Gururaj M vs G Mohan on 4 December, 2023
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NC: 2023:KHC:43685
MFA No. 5791 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.5791 OF 2017(MV-I)
BETWEEN:
GURURAJ M.,
S/O LATE MADANGIRIYAPPA,
AGED ABOUT 35 YEARS,
R/AT NO.220, 3RD CROSS,
2ND MAIN ROAD,BILEKAHALLI,
BANNERGATTA ROAD,
BENGALURU - 560 078.
Digitally PERMANENT ADDRESS:
signed by JAI R/AT NO.147, SHANKAR MUTT ROAD,
JYOTHI J CHIKKRE BRAHMINS ROAD,
Location: ANEKAL TOWN,
HIGH COURT
OF BENGALURU URBAN DISTRICT - 562 106.
KARNATAKA ...APPELLANT
(BY SRI. A.K. BHAT, ADVOCATE)
AND:
1. G. MOHAN,
MAJOR BY AGE,
NO.18, SIDI HOSAKOTE,
KASABA CIRCLE, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106,
(RC OWNER OF TATA ACE BEARING
REG.NO.KA-51-A-4301).
2. TATA AIG GEN.INS.CO.LTD.,
NO.69, 2ND FLOOR,
JAMBAKESHWAR ARCADE,
MILLERS ROAD,
BENGALURU - 560 052,
BY ITS MANAGER
-2-
NC: 2023:KHC:43685
MFA No. 5791 of 2017
(RC OWNER OF TATA ACE BEARING
REG.NO.KA-51-A-4301)
(POLICY NO.015282637400 FROM
21-01-2014 TO 12-01-2015)
...RESPONDENTS
(BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2;
NOTICE TO R1 IS HELD SUFFICIENT VIDE
ORDER DATED 02.09.2022)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:18.03.2017 PASSED IN MVC
NO.2667/2016 ON THE FILE OF THE XIII ADDITIONAL SMALL
CAUSES JUDGE, MEMBER, MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC No.2667/2016 dated
18.03.2017.
2. The claim petition was filed seeking
compensation of an amount of Rs.25,00,000/- and the
same was restricted to Rs.14,50,000/- and the Court
below had granted compensation of an amount of
Rs.3,34,000/-
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3. As per the Exs.P12 and 5, claimant had
sustained the following injuries:-
i. Closed fracture right femur
ii. Compound fracture lateral malleolus
iii. Right scapula and clavicle fracture
4. According to the Doctor, these injuries are
grievous in nature. As per the claimant, he was working
as a vegetable vendor and earning an amount of
Rs.15,000/- per month. Doctor deposed that claimant has
suffered disability at 38% to the right lower limb and 20%
to the right upper limb. The Court below had taken 10%
disability to the whole body and income was considered at
Rs.6,000/- per month.
5. Under the head of 'pain and suffering', an
amount of Rs.40,000/- was granted. Under the head of
'loss of income during the laid up period for two months'
an amount of Rs.12,000/- (Rs.6,000 X 2) was granted.
Under the head of 'medical expenses' an amount of
Rs.99,500/- was granted. Under the head of 'future
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medical expenses' an amount of Rs.15,000/- was granted.
Under the head of 'loss of future income' an amount of
Rs.1,15,500/- (Rs.6,000 X 12 X 16 X 10%), under the
head of 'loss of amenities' an amount of Rs.30,000/- and
under the head of 'attendant charges' an amount of
Rs.2,000/- was granted. All put together, a total
compensation of an amount of Rs.3,34,000/- with interest
at the rate of 8% p.a. was granted.
6. Learned counsel for the appellant submits that,
when the Doctor had clearly deposed that the disability is
at 38% to the right lower limb and 20% to the right upper
limb and the Court below having accepted the evidence
without any basis had taken 10% disability to the whole
body, which is on the lower side. He submits that accident
had taken place in the year 2014, the Court below ought
not to have taken Rs.6,000/- as salary which is on the
lower side. Further he submits that for the kind of injuries
sustained by the claimant, under the head of 'pain and
suffering' granting an amount of Rs.40,000/- is also on the
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lower side. It is submitted that even under the other
heads also reasonable compensation is not awarded.
7. Learned counsel for the insurance company
submits that the Court below had rightly considered the
evidence of Doctor and had taken 10% disability. He
submits that even on income also, as there was no
evidence, Court below had rightly taken Rs.6,000/- per
month. He submits that Court below has granted interest
at 8% p.a., which is exorbitant and submits that on the
other heads the compensation granted is reasonable and
no grounds are made out for enhancement of the
compensation.
8. Having heard the learned counsel on either
side, perused the entire material on record. In this case
the claimant had sustained three fractures. Considered
that granting of an amount of Rs.40,000/- under the head
of 'pain and sufferings' is on the lower side and this Court
is granting an amount of Rs.80,000/-. Then coming to
the 'loss of future income' considering that the accident is
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of the year 2014, taking income of Rs.8,500/- per month
would be appropriate and the relevant multiplier would be
'16'. Then coming to disability, considering 38% to the
right lower limb and 20% to the right upper limb and 1/3rd
of it would come to 18.66% and the same is rounded off
to 19%. The disability is taken at 19%, Rs.8,500 X 12 X
16 X 19/100 = Rs.3,10,080. Then coming to the 'loss
of income during laid up period', considering the injuries,
this Court is taken Rs.8,500 X 4 and claimant is entitled
for an amount of Rs.34,000/-. Under the head of
'medical expenses', Court below had rightly granted
Rs.99,500/-. This Court finds no reason to interfere.
Then coming to 'future medical expenses', for two injuries
sustained by the claimant, future operation is required for
removal of two implants. Hence, under the 'future medical
expenses', claimant is entitled for an amount of
Rs.30,000/-. Under the head 'towards transport,
attendant and diet charges', Court below has granted
Rs.22,000/-. This Court is granting an amount of
Rs.25,000/-. Under the head of 'Loss of amenity',
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considering the grievous injuries sustained by claimant,
this Court is granting an amount of Rs.40,000/-.
9. 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.
10. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 80,000/-
2. Loss of future income due to : Rs. 3,10,080/-
disability
Loss of income during the laid
3. : Rs. 34,000/-
up period
4. Medical expenses : Rs. 99,500/-
5. Future medical expenses : Rs. 30,000/-
6. Transport, attendant and diet : Rs. 25,000/-
charges
7. Loss of amenities : Rs. 40,000/-
8. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 6,28,580/-
(2014) 11 SCC 178
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Accordingly, the appeal is allowed in part by
enhancing the compensation from an amount of
Rs.3,34,000/- to an amount of Rs.6,28,580/- setting
aside the award passed in M.V.C.No.2667/2016 dated
18.03.2017.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
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 concerned Tribunal, along with
certified copy of the judgment passed by this
Court forthwith without any delay.
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iv) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
GPG
CT:SNN
