Karnataka High Court
Sri.Mohammed Hussain vs Iffco Tokio General Insurance Company ... on 7 December, 2023
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NC: 2023:KHC:44672
MFA No. 8449 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8449 OF 2017 (MV-I)
BETWEEN:
SRI.MOHAMMED HUSSAIN
S/O HADAM SAHEB
AGED ABOUT 50 YEARS,
R/AT NO.287
MUNESHWARA LAYOUT
CHIKKAGOLLARAHATTI
MAGADI MAIN ROAD,
BENGALURU -560 091
...APPELLANT
(BY SRI SRIKANTH B.,ADVOCATE)
AND:
1. IFFCO TOKIO GENERAL INSURANCE
COMPANY LTD
BY ITS MANAGER
NO.2 1ST FLOOR, SNR ARCADE
AYYAPPA TEMPLE ROAD,
Digitally JALAHALLI CROSS
signed by PEENYA
JAI JYOTHI J BENGALURU -560 057
Location:
HIGH 2. RAVI
COURT OF NO.276, WOC ROAD,
KARNATAKA J C NAGAR
BASAVESHWARANAGAR
BENGALURU -560 079
...RESPONDENTS
(NOTICE TO R-2 IS DISPENSED WITH V.O.D 06.01.2023; BY
SRI. PRADEEP B.,ADVOCATE FOR R-1)
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MFA No. 8449 of 2017
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.05.2017 PASSED IN MVC
NO.530/2015 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES,
MEMBER, ADDITIONAL MACT-7, BANGALORE (SCCH-7),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant seeking
enhancement of compensation aggrieved by the award
passed in MVC.No.530/2015 dated 16.05.2017 on the file
of the IX Addl. Small Causes Judge and XXXIV Addl. MACT,
Bangalore.
2. The claim petition is filed seeking compensation
of an amount of Rs.8,00,000/- for the injuries sustained
by the claimant in the accident. It is the case of the
claimant that he is working as a carpenter at Manjunatha
Wood works and earning an amount of Rs.15,000/- per
month. In the accident as per Ex.P-17, P-18 and P-19
shows that claimant sustained injuries i.e., contusion over
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the middle 1/3rd of right leg on lateral aspect, measuring 2
x 2 cms, X-ray of right leg shows fracture of tibia and
fibula in the middle, 1/3rd, abrasion over the right elbow
joint on posterior aspect, measuring 1 x 1 cm and as per
the doctor it is one grievous injury and one simple injury.
He was admitted in the Hospital and he has undergone the
operation. As per the doctor, the disability is 24% to the
right lower limb and 12% to the whole body. The court
below considering 1/3rd of 24% had taken 8% as disability.
The salary was taken as claimed by the claimant at an
amount of Rs.15,000/-. Under the head of pain and
suffering an amount of Rs.40,000/- was granted, towards
loss of future income taking an amount of Rs.15,000/- as
income and 8% disability, an amount of Rs.1,87,200/- was
granted. Towards loss of amenities in life an amount of
Rs.20,000/- was granted. Then towards loss of income
during the laid up period an amount of Rs.30,000/- is
granted, towards actual medical expenses incurred by the
claimant is Rs.1,03,691/- the court below has granted the
same. Towards Conveyance, Attendant, Food and
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nourishment charges an amount of Rs.9,000/- is granted.
Altogether a compensation of an amount of Rs.3,89,891/-
was granted by the Tribunal.
3. Learned counsel for the claimant submits that the
amounts that were granted by the Tribunal were on the
lower side. When the doctor has opined that the disability
is at 12%, the court below ought not to have taken
disability at 8%. He submits that under the head of loss
of amenities, transport and conveyance, the amounts that
were granted by the Tribunal are not reasonable. He
submits that the compensation awarded by the Tribunal is
not just and reasonable.
4. Learned counsel for the Insurance Company
submits that the Tribunal had rightly awarded the
compensation and on all the heads the compensation
granted is on the higher side and no grounds are made out
seeking interference in the well considered order passed
by the Tribunal.
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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 and one
simple injury. Under the head of pain and suffering, the
court below had granted an amount of Rs.40,000/- which
is a reasonable amount. Then coming to the income and
disability, the court below had considered 1/3rd of 24%,
and taken as 8% as disability and granted an amount of
Rs.1,87,200/-, (Rs.15,000/- x 12 x 13 x 8/100=
1,87,200) on this count no interference is called for. Then
coming to loss of amenities in life the court below had
granted an amount of Rs.20,000/-, considering the injuries
sustained by the claimant, this court is inclined to grant an
amount of Rs.30,000/-. Even under the loss of income
during the laid period, for two months an amount of
Rs.30,000/- is granted and towards medical expenses
basing on evidence the court below had granted an
amount of Rs.1,03,691/- which requires no interference.
When it comes to Transport, Conveyance and Attendant
charges considering the injuries, granting an amount of
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Rs.9,000/- is on the lower side and this court is granting
an amount of Rs.20,000/-.
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.4,20,891/- at 6% interest.
7. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of future income Rs. 1,87,200/-
2. Pain and suffering Rs. 40,000/-
3. Actual Medical Rs. 1,03,691/-
Expenses
4. Transport, Conveyance, Rs. 20,000/-
Attendant and extra
(2014) 11 SCC 178
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nourishment
5. Loss of income during Rs. 30,000/-
laid up period
6. Loss of Amenities Rs. 30,000/-
7. Legal Expenses Rs. 10,000/-
Total Rs. 4,20,891/-
8. Accordingly, the appeal filed by the claimant is
Allowed-in-part by enhancing the compensation amount
from an amount of Rs.3,89,891/- to a sum of
Rs.4,20,891/-.
(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
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.
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(d) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
Sd/-
JUDGE
TS
