Karnataka High Court
The Branch Manager vs Govind Sopan Reddy And Anr on 6 July, 2023
Bench: H.T.Narendra Prasad
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NC: 2023:KHC-K:4951
MFA No. 200086 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
MISCL. FIRST APPEAL NO. 200086 OF 2020 (MV-D)
BETWEEN:
THE BRANCH MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
3RD FLOOR, AISAN PLAZA,
TIMMAPURI COLONY, MAIN ROAD,
KALABURAGI.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY,
HUBLI)
...APPELLANT
(BY SMT.PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. GOVIND S/O SOPAN REDDY,
AGE : 41 YEARS, OCC : CLEANER,
R/O YADLAPUR VILLAGE,
Digitally signed
by SACHIN TQ BASAVAKALYAN, DIST : BIDAR 585501.
Location: HIGH
COURT OF
KARNATAKA 2. SHIVAREDDY S/O MANIK REDDY,
AGE : 43 YEARS,
OCC : BUSINESS AND LORRY OWNER,
R/O SASTAPUR VILLAGE, TQ BASAVAKALYAN,
DIST : BIDAR - 585 501.
...RESPONDENTS
(BY SRI SANJEEVKUMAR C.PATIL, ADVOCATE FOR R2;
NOTICE TO R1 HELD SUFFICIENT VIDE ORDER DATED
17.094.2021)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY
-2-
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MFA No. 200086 of 2020
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 31.07.2019 IN MVC NO.492/2017 PASSED BY THE 2 ND
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR SITTING AT
BASAVAKALYAN, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the Insurer challenging
the judgment and award passed in MVC No.492/2017dated
31.07.2019 by the II Addl. District and Sessions Judge,
MACT, Bidar sitting at Basavaklayan (hereafter referred to
as the 'Tribunal') whereby granted a compensation of
Rs.11,88,000/- with interest at the rate of 9% per annum.
2. The case of the respondent No.1/claimant is
that on 23.02.2017, he was traveling as a loader, in the
lorry bearing Reg.No.KA-56-1315. At about 10.00 p.m. in
Mumbai when he was unloading the cement bags from the
aforesaid lorry, the driver of the lorry without indication
has taken the lorry reverse with high speed, dashed
against the claimant due to which he fell down and suffered
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MFA No. 200086 of 2020
grievous injury. Immediately, after recovery from the
injury, he has filed the claim petition before the Tribunal.
3. To prove the case, the claimant has examined
two witnesses and produced 14 documents. Respondents
neither examined any witnesses nor produced any
documents.
4. On appreciation of the oral and documentary
evidence, the Tribunal has awarded a compensation of
Rs.11,88,000/- with 9% interest.
5. Being aggrieved by the same, the Insurance
Company has filed this appeal.
6. Smt.Preeti Patil Melkundi, learned counsel
appearing for the appellant/Insurance Company has
contended that even though the claimant has claimed that
he was earning `10,000/- per month, but in the written
statement filed by the owner of the offending vehicle has
admitted that he was paying Rs.6,000/- per month as
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MFA No. 200086 of 2020
salary to the claimant. Therefore, the Tribunal has error in
taking the monthly income of the claimant as Rs.10,000/-.
She further contended that on the basis of the evidence of
the Doctor and the material available on record the
compensation awarded by the Tribunal towards pain and
suffering, loss of amenities and other incidental expenses,
which is on higher side, therefore she sought for reduction
of the compensation.
7. Lastly, she contended that in view of the
judgment of the Co-ordinate Bench of this Court in MFA
No.103557/2015 disposed of on 20.03.2018, the interest
awarded by the Tribunal at the rate of 9% is on higher
side. Hence, she sought for allowing the appeal.
8. Notice issued to respondent No.1/claimant is
served, unrepresented.
9. Per contra, Sri Sanjeevkumar C. Patil, learned
counsel appearing for respondent No.2/the owner
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MFA No. 200086 of 2020
submitted that the judgment and award of the Tribunal is
just and reasonable.
10. Heard the learned counsel for the parties and
perused the judgment and award and its original records.
11. It is not in dispute the claimant has suffered
grievous injuries in a road traffic accident that occurred on
23.02.2017, due to rash and negligent driving of the lorry
bearing Reg.No.KA-56-1315. The claimant in his evidence
has categorically stated that he was earning Rs.10,000/-
and also in addition to he was getting Rs.100/- bata. Even
for notional income is concerned, as per the chart prepared
by the Legal Services Authority, for the accident year 2017,
the notional income is fixed at Rs.10,250/-. Considering the
same, I am of the opinion that the notional income
assessed by the Tribunal at Rs.10,000/- per month is just
and reasonable. Therefore, the compensation awarded by
the Tribunal towards loss of earning is just and reasonable.
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MFA No. 200086 of 2020
12. The Tribunal after considering the evidence of
the Doctor and the injuries suffered by the claimant in all
other heads is also just and reasonable.
13. Insofar as award of interest at the rate of 9% is
concerned, the Co-ordinate Bench of this Court in MFA
No.103557/2016 dated 20.03.2018 has reduced the
interest from 9% to 6% per annum. In view of the above,
the interest awarded by the Tribunal is reduced from 9%
to 6% per annum.
14. Accordingly, the appeal is allowed in part.
15. The compensation awarded by the Tribunal in
all heads is retained and the interest awarded by the
Tribunal is reduced to 6% from 9% per annum.
16. The amount deposited by the
appellant/Insurance Company is transmitted to the Tribunal
forthwith.
Sd/-
JUDGE
SN
