Karnataka High Court
Universal Sompo vs Nagaraju on 19 June, 2023
Bench: G Basavaraja
-1-
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.281 OF 2015
C/W
MISCELLANEOUS FIRST APPEAL NO.2654 OF 2014
MISCELLANEOUS FIRST APPEAL NO.2655 OF 2014
MISCELLANEOUS FIRST APPEAL NO.282 OF 2015 (MV-I)
MFA NO.281 OF 2015
BETWEEN:
SRI PUTTASWAMY
S/O KARIGOWDA,
AGED ABOUT 63 YEARS,
R/AT NO.670,
SWARNASANDRA,
MANDYA CITY.
...APPELLANT
Digitally signed
by HARSHITHA B (BY SRI. H.N. RAMESH, ADVOCATE)
Location: High
Court of
Karnataka AND:
1. SRI UMESH
S/O LATE ESWARACHARI,
NO.6, C.N.DASARAJU BUILDING,
1ST FLOOR,
ANEKERE STREET,
MANDYA CITY-571 432
2. UNIVERSAL SOMPO GENERAL
INSURANCE CO. LTD.,
-2-
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
NO.201-208, CRYSTAL PLAZA,
LINK ROAD,
ANDHERI (WEST),
MUMBAI-400 058.
...RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.06.2013 PASSED IN MVC
NO.247/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, & CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
MFA NO.2654 OF 2014
BETWEEN:
UNIVERSAL SOMPO
GENERAL INSURANCE CO.LTD.,
NO.7/3, K.V.D. TOWERS, 2ND FLOOR,
OPP. 100 FEET ROAD,
OLD MADRAS ROAD,
INDIRANGAR,
BANGALORE-560038.
REPRESENTED BY TIS
LEGAL MANAGER.
...APPELLANT
(BY SRI. RAVI S SAMPRATHI., ADVOCATE)
AND:
1. NAGARAJU
S/O.KARIGOWDA,
AGED ABOUT 59 YEARS,
R/O.YELACHAKANAHALLY,
KOTHATHI HOBLI,
-3-
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
MANDYA TALUK,
MANDYA DISTRICT.
2. UMESH
S/O.LATE ESWARACHARY,
NO.56, C.N.DASARAJU BUILDING,
1ST FLOR, ANEKERE STREET,
MANDYA.
...RESPONDENTS
(BY SRI. H.N. RAMESH, ADVOCATE
R2 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.06.2013 PASSED IN MVC
NO. 246/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE & CJM AND MACT, MANDYA, AWARDING
COMPENSATION OF RS.2,85,000/- WITH INTEREST @ 9% P.A.
OUT OF TIME.C.F. SUFFICIENT.
MFA NO.2655 OF 2014
BETWEEN:
UNIVERSAL SOMPO
GENERAL INSURANCE CO.LTD.,
NO.7/3, K.V.D. TOWERS, 2ND FLOOR,
OPP. 100 FEET ROAD,
OLD MADRAS ROAD,
INDIRANGAR,
BANGALORE-560038.
REPRESENTED BY TIS
LEGAL MANAGER.
...APPELLANT
(BY SRI. RAVI S SAMPRATHI., ADVOCATE)
AND:
1. PUTTASWAMY
S/O.KARIGOWDA,
AGED ABOUT 63 YEARS,
R/O.YELACHAKANAHALLY,
-4-
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
KOTHATHI HOBLI,
MANDYA TALUK,
MANDYA DISTRICT.
2. UMESH
S/O.LATE ESWARACHARY,
NO.56, C.N.DASARAJU BUILDING,
1ST FLOR, ANEKERE STREET,
MANDYA.
...RESPONDENTS
(BY SRI. H.N. RAMESH, ADVOCATE
R2 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED7.6.2013 PASSED IN MVC
NO.247/2010 ON THE FILE OF ADDITIONAL SENIOR CIVIL
JUDGE, CJM, MACT, MANDYA, AWARDING A COMPENSATION
OF RS.2,90,000/- WITH INTEREST @ 9% P.A OUT OF TIME.
MFA NO.282 OF 2015
BETWEEN:
1. SRI NAGARAJU
S/O KARIOWDA
AGED ABOUT 60 YEARS
R/AT YELECAKANAHALLY
MANDYA TALUK
MANDYA DISTRICT
...APPELLANT
(BY SRI. H.N. RAMESH, ADVOCATE)
AND:
1. SRI UMESH
S/O LATE ESWARACHARI
NO.6, C N DASARAJU
BUILDING, 1ST FLOOR
ANEKERE STATE
-5-
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
MANDYA CITY-571432
2. UNIVERSAL SAMPO GENERAL INSURANCE CO LTD
NO. 201-208, CRYSTAL PLAZA
LINK ROAD,
ANDHERI (WEST)
MUMBAI-400058
...RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED07.06.2013 PASSED IN MVC
NO.246/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, & CJM, MACT, MANDYA PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The challenge in these Appeals is to the Common
Judgment and award dated 07th June, 2013 passed in MVC
No.247 and 246 of 2010 by the Additional Senior Civil Judge
and CJM and Motor Accident Claims Tribunal, Mandya (for short
hereinafter referred to as the 'Tribunal').
2. Miscellaneous First Appeals No.281 of 2015 and 282 of
2015 are filed by the claimants seeking enhancement of
compensation; Miscellaneous First Appeals No.2654 of 2014
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
and 2655 of 2014 are filed by the Insurance Company
challenging the liability.
3. Learned Counsel for appellant/claimants submitted
that the Tribunal has not properly awarded the compensation
on all heads and the compensation awarded by the Tribunal is
meager and not in accordance with law and hence sought for
enhancement of compensation. Further, as regards liability of
the Insurance Company is concerned, the learned counsel
submitted that the Insurance Company has filed Miscellaneous
First Appeals No.10907, 10908, 10909, 10910 and 10911 of
2012 and the same were disposed of by the Division Bench of
this Court on 17th December, 2014 and as against the said
judgment, the Insurance Company has not preferred any
appeal. The Division Bench of this Court has upheld the
judgment passed by the Tribunal as to the liability of the
Insurance Company and hence, he sought for dismissal of
appeals preferred by the Insurance Company.
4. Learned counsel for claimants has produced the
certified copy of the Judgment dated 17th December, 2014
passed by the Division Bench of this Court in Miscellaneous
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
First Appeal No.10907 of 2012 and connected matters. At
paragraphs 7 to 10 of the judgment, the Division Bench
observed as under:
"7. The owner of the vehicle who has been
examined as RW-2 in detail has deposed that even
before he could purchase the vehicle in question, the
deceased Rajendra was working as a taxi driver and he
has seen his driving and while appointing him as a
driver, he has seen the driving license possessed by
Rajendra and it is his specific case that Rajendra use to
carry the driving license along with the vehicle
documents whenever he used to take the vehicle on heir
and it is his further case that in the instant case, the
driving license of the deceased is lost. Therefore, he is
unable to produce the same.
8. To controvert the evidence of RW-2, the
appellant-insurance company has not placed any
evidence. Therefore, we are of the view that Rajendra is
not alive, it is difficult for any court to expect the owner
of the car to produce the driving license of the deceased.
Normal practice is that when a driver is appointed, the
owner of the vehicle would verify whether the driver
possesses a driving license or not. Normally a copy of
the driving license will not be maintained by the owner of
the vehicle if he has only one car with him. In the
circumstances, we are of the view that the tribunal is
justified in fixing the liability on the insurance company.
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
9. We could have appreciated the arguments of
Sri.P.B.Raju, the learned counsel appearing for the
appellant for not producing the documents provided
Rajendra was alive. He was the best person to say
whether he had possessed the driving license or even if
he had lost the original driving license, he would have
got the duplicate driving license from the RTO office.
10. In the circumstances, we do not find any merit
in the appeal. Accordingly, these appeals are dismissed."
5. Sri Ravi S. Samprathi, learned Counsel appearing for
the Insurance Company, fairly submitted that the appeals filed
by the Insurance Company before the Division Bench in MFA
No.10907 of 2012 and connected appeals (supra) came to be
dismissed by the Division Bench vide judgment dated 17th
December, 2014 and the Insurance Company has not preferred
any appeal against the said judgment passed by the Division
Bench. With regard to enhancement of compensation is
concerned, it is submitted that the Tribunal has properly
awarded the compensation and there are no grounds to
interfere with the impugned judgment and award passed by the
Tribunal and accordingly, sought for dismissal of the appeals
filed by the claimants.
NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
6. Having heard the arguments on both sides and on
perusal of record, the following points would arise for
consideration in these appeals:
(1) Whether the Claimants have made out grounds
for enhancement of compensation?
(2) Whether the Insurance Company has made out
a ground to interfere with the judgment and
award as to the liability of the Insurance
Company?
(3) What Order?
7. My answer to the above points are as under:
Point No.1: Partly in the affirmative;
Point No.2: Negative;
Point No.3: As per final order.
Regarding Point No.1:
8. Miscellaneous First Appeal No.281 of 2015 is arising
out of MVC No.247 of 2010. To substantiate the claim of the
claimant, the claimant examined himself as PW2 and has
marked fourteen documents as Exhibits P1 to P14. He has
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NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
deposed in his evidence that after the accident, he has taken
first-aid at Tanjore Medical College and thereafter, got admitted
to KIMS Hospital, Bangalore and spent Rs.1,50,000/- towards
and Rs.40,000/- towards other expenses and he require
Rs.50,000/- for future medical expenses.
9. The petitioner has produced Exhibit P10-Wound
certificate wherein the following injuries are mentioned:
1. Diffuse swelling over left hip;
2. swelling and tenderness over left ankle;
3. Sutured would over left parieto-occipital region;
4. Abrasion would over the upper limbs.
10. Doctor has opined that injuries 1 and 2 are grievous
and injuries 3 and 4 are simple in nature. Exhibit P11 is 43
prescriptions; Exhibit P12 is 83 medical bills for
Rs.2,10,596.45; and Exhibit P13 is three Radiologists reports.
There is no disability and the appellant/claimant has not
adduced any evidence and considering all these aspects, the
Tribunal has awarded the compensation as under:
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NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
Amount in
Sl.No. Head
Rs.
1. Pain and suffering 20,000
2. Grievous injuries 50,000
3. Simple Injuries 10,000
Nourishment, attendant and
4. 10,000
conveyance charges
5. Medical expenses 2,00,000
Total 2,90,000
11. Perusal of the judgment would reveal that though
the claimant has produced medical bills for Rs.2,10,596.45, the
Tribunal has awarded Rs.2,00,000/- towards medical expenses
and has not assigned reasons for reducing the medical
expenses. Further, the Tribunal has not awarded any
compensation towards loss of amenities and future
unhappiness. Considering the nature of injuries and the pain
and agony the claimant has undergone, so also, considering the
fact that the claimant has taken treatment as an inpatient for a
period of 27 days, I am of the opinion that it would be just and
proper to award compensation as follows:
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NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
Amount
Sl.No. Head
in Rs.
1. Pain and suffering 30,000
2. Grievous injuries 50,000
3. Simple Injuries 10,000
4. Nourishment, attendant and 20,000
conveyance charges
5. Medical expenses 2,11,000
6. Loss of amenities and future 20,000
unhappiness
Total 3,41,000
Less amount awarded by Tribunal 2,90,000
Enhanced compensation 51,000
12. Miscellaneous First Appeal No.282 of 2015 arise out
of MVC No.246 of 2010. To substantiate his claim, the claimant
has examined himself as PW1 and in his evidence he has
deposed that he has taken first aid at Tanjore Medical Hospital
and thereafter he has taken further treatment at KIMS and
Jayadeva Hospitals, Bengaluru and at Vikram Hospital, Mysore
and Mandya and he was under treatment as an inpatient from
31st December, 2019 till 08th January, 2010 and spent
Rs.2,00,000/- towards medical expenses and Rs.40,000/- for
further expenses. The claimant has produced Exhibit P4
wound certificate wherein the following injuries are mentioned:
1. Tenderness over right side of chest region
2. Tenderness over L1, L2 spine region;
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MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
3. Sutured wound over the scalp. 4 cms.
13. Doctor has opined that the injuries 1 and 2 are
grievous and injury No.3 is simple in nature. Claimant has
produced Exhibit P5 34 prescriptions; Exhibit P6 66 medical
bills for Rs.2,11,971.31 and Exhibit P7 report of Vikram
Hospital and Exhibit P9 discharge summary. Claimant has not
adduced any evidence as to disability. There is a fracture of 6th
and 7th ribs of right side and also fracture over the spinal
region; and considering the injuries and fractures, the Tribunal
has awarded compensation as under:
Amount in
Sl.No. Head
Rs.
1. Pain and suffering 20,000
2. Grievous injuries 50,000
3. Simple Injuries 5,000
4. Nourishment, attendant and 10,000
conveyance charges
5. Medical expenses 2,00,000
Total 2,85,000
14. Though the claimant has produced 66 medical bills
as per Exhibit P6 with 34 prescriptions as per Exhibit P5
amounting to Rs.2,11,971.31, the Tribunal has not awarded the
entire amount and has not assigned any reasons for not
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NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
awarding the said amount. The Tribunal has also not awarded
compensation towards loss of amenities and future
unhappiness. Considering the nature of injuries suffered by the
claimant and the medical bills, it is just and proper to awarded
compensation under the following heads as follows:
Amount in
Sl.No. Head
Rs.
1. Pain and suffering 75,000
2. Grievous injuries 50,000
3. Simple Injuries 10,000
4. Nourishment, attendant and 20,000
conveyance charges
5. Medical expenses 2,12,000
6. Loss of amenities and future 20,000
unhappiness
Total 3,87,000
Less amount awarded by Tribunal 2,85,000
Enhanced compensation 1,02,000
15. Accordingly, the point No.1 that arose for
consideration in these appeals is answered in the affirmative
and in favour of the claimants.
Regarding Point No.2:
16. As regards to the point No.2 that arose for
consideration as to whether the Insurance Company has made
out a ground to interfere with the judgment and award as to
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NC: 2023:KHC:21060
MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
the liability of the Insurance Company is concerned, as stated
above, Sri Ravi S. Samprathi, learned counsel appearing for the
Insurance Company has fairly submitted that the Insurance
Company has not preferred any appeal against the judgment
passed by the Division Bench of this Court in Miscellaneous
First Appeal No.10907 of 2012 and connected appeals. In that
view of the matter, the same is binding on both parties. In the
light of judgment of the Division Bench (supra), the appeals
filed by the Insurance Company is liable to be dismissed,
accordingly dismissed.
17. For the aforestated reasons, I proceed to pass the
following:
1. Miscellaneous First Appeals No.2654 of 2014
and 2655 of 2014 preferred by the Insurance
Company are dismissed;
2. Miscellaneous First Appeals No.281 of 2015 and
282 of 2015 filed by the claimants are partly
allowed by enhancing the compensation to
Rs.3,41,000/- and Rs.3,87,000/- respectively as
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MFA No.281 of 2015
C/W MFA No.2654 of 2014
MFA No.2655 of 2014
MFA No.282 of 2015
against Rs.2,85,000/- and Rs.2,90,000/-
awarded by the Tribunal;
3. The enhanced compensation carries interest at
the rate of 6% per annum from the date of
claim petition till the date of realization;
4. All other conditions regarding apportionment
and disbursal of the compensation amount shall
be as per the order of the Tribunal;
5. The amount if any in deposit, be transferred to
the Tribunal forthwith.
6. Registry to draw award accordingly.
Sd/-
JUDGE
LNN
