Karnataka High Court
Tata Aig Gic Ltd vs Sri Ananda C on 29 November, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 7490 of 2022
C/W MFA No. 8275 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 7490 OF 2022(MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 8275 OF 2022(MV)
IN MFA 7490/2022
BETWEEN:
TATA AIG GIC LTD.,
2ND FLOOR BALAJI TOWERS
ABOVE LAKSHMI VILAS BANK
OPP. TUMKUR UNIVERSITY
TUMKURU 572102.
ALSO AT NO.69, II FLOOR, JP & DEVI
JAMBUKESHWAR ARCADE
MILLERS ROAD, BENGALURU 560052.
REPRESENTED BY ITS
CHIEF MANAGER CLAIMS LEGAL.
Digitally signed ...APPELLANT
by
DHANALAKSHMI (BY SRI. MURALIDHARA N., ADVOCATE)
MURTHY
Location: High AND:
Court of
Karnataka
1. SRI ANANDA C
S/O CHANDRAPPA
AGED ABOUT 31 YEARS
R/AT DODDABELAVANGALA
DODBALLPUR TALUK
BENGALURU RURAL DISTRICT
NOW R/O KYATHASANDRA VILLAGE
TUMKUR 572104.
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MFA No. 7490 of 2022
C/W MFA No. 8275 of 2022
2. THE HEAD MASTER
SRI CHAITHANYA TECHNO SCHOOL
KYATHASANDRA VILLAGE
TUMKUR-572104.
...RESPONDENTS
(BY SRI. M B RYAKHA.,ADVOCATE FOR R1:
NOTICE TO R2 IS D/W V/O DATED: 24.08.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:17.06.2022
PASSED IN MVC NO.229/2020 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT,
TUMAKURU, AWARDING COMPENSATION OF RS.4,12,440/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL THE TILL REALIZATION.
IN MFA 8275/2022
BETWEEN:
SRI ANANDA C
S/O CHANDRAPPA
AGED ABOUT 31 YEARS
R/AT DODDABELAVANGALA
DODDABALLPUR TALUK
BENGALURU RURAL DISTRICT-561203
NOW R/O KYATHASANDRA VILLAGE
TUMKUR 572104.
... APPELLANT
(BY SRI. M B RYAKHA, ADVOCATE)
AND:
1. H M SRI CHAITANYA TECHNO SCHOOL
KYATHASANDRA
TUMKUR-572101.
2. THE MANAGER
TATA AIG GENERAL INSURANCE CO LTD.,
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NC: 2023:KHC:43180
MFA No. 7490 of 2022
C/W MFA No. 8275 of 2022
2ND FLOOR BALAJI TOWERS
ABOVE LAKSHMI VILAS BANK
OPP. TUMKUR UNIVERSITY
TUMKURU 572101.
....RESPONDENTS
(BY SRI. N MURALIDHARA, ADVOCATE FOR R2:
NOTICE TO R1 IS D/W V/O DATED: 13.1.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:17.06.2022
PASSED IN MVC NO.229/2020 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT,
TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. MFA No.7490/2022 has been filed by the Insurance
Company and MFA No.8275/2022 has been field by the
claimant under Section 173(1) of Motor Vehicles Act, 1988
(hereinafter referred to as 'the Act') being aggrieved by
the judgment dated 17.06.2020 passed by the I Additional
District & Sessions Judge, Tumakuru in MVC No.229/2020.
2. Facts giving rise to the filing of the appeals briefly
stated are that on 25.07.2019 at about 07.45 a.m., the
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claimant was traveling in the Bus bearing Registration
No.KA-53-B-0987 as a incharge transport
officer/supervisor of Chaithanya Techno School, Tumkur
with one Assistant Sarojamma in order to transport the
school children, near Bheemasandra on NH-206 road,
Tumkur, the driver of the said bus drove the same in a
rash and negligent manner with high speed and hit to the
Car bearing Registration No.KA-01-AE-1382. As a result
of the aforesaid accident, the claimant sustained grievous
injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of the
Act seeking compensation. It was pleaded that he spent
huge amount towards medical expenses, conveyance
charges, etc. It was further pleaded that the accident
occurred purely on account of the rash and negligent
driving of the offending vehicle by its driver.
4. On service of notice, the respondent No.2 appeared
through counsel and filed written statement in which the
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averments made in the petition were denied. It was
pleaded that the petition itself is false and frivolous in the
eye of law. The age, avocation and income of the claimant
and the medical expenses are denied. It was further
pleaded that the quantum of compensation claimed by the
claimant is exorbitant. Hence, he sought for dismissal of
the petition.
The respondent No.1 did not appear before the
Tribunal inspite of service of notice and was placed ex-
parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant himself was examined as PW-1
and Dr.Sunil M.C. was examined as PW-2 and got
exhibited documents namely Ex.P1 to Ex.P43. On behalf
of the respondents, neither examined any witness nor
exhibited any document. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
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place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
claimant sustained injuries. The Tribunal further held that
the claimant is entitled to a compensation of Rs.4,12,440/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest. Being aggrieved, the present appeals
have been filed.
6. The learned counsel for the Insurance Company has
raised following counter contentions:
a) Firstly, due to accidental injuries, even though the
claimant suffered whole body disability at 9%, due to
disability, he has not suffered any loss. Since he has
continued in his service and the same is evident from
Ex.P37, letter issued by Sri Chaitanya Techno School, the
Tribunal has erred in granting compensation under the
head of future income due to disability.
b) Thirdly, considering the injuries sustained by the
claimant and considering the age and avocation of the
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claimant, the compensation awarded by the Tribunal under
the heads of 'loss of amenities', 'pain and sufferings' and
other incidental expenses are on higher side. Hence, he
sought for reduction of compensation.
7. The learned counsel for the claimant has raised the
following contentions:
a) Firstly, due to accident, the claimant has suffered
grievous injuries. He has examined the doctor as PW-2.
The doctor in his evidence has stated that the claimant has
sustained permanent disability at 30% to the right lower
limb and 10% to whole body. Due to the said disability, he
was unable to do his day to day work. Therefore, the
Tribunal has rightly granted the compensation under the
head of 'loss of income due to disability'.
b) Secondly, due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 7 days. Even after discharge from the hospital,
he was not in a position to discharge his regular work. He
has suffered lot of pain during treatment. Considering the
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same, the compensation awarded by the Tribunal under
the heads of 'loss of amenities', 'pain and sufferings' and
other incidental expenses are on the lower side. Hence, he
sought for enhancement of compensation.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 25.07.2019
due to rash and negligent driving of the offending vehicle
by its driver.
10. As per wound certificate, the claimant has sustained
blunt injury, right knee joint, tenderness, swelling and
fracture of right patella. The doctor in his evidence has
stated that the claimant has sustained permanent
disability at 30% to the right lower limb and 10% to whole
body. Therefore, taking into consideration the deposition
of the doctor and injuries mentioned in the wound
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certificate, the Tribunal has rightly taken the whole body
disability at 9%. Considering the injuries suffered by the
claimant and considering Ex.P37, letter issued by the
employer, it is very clear that from 2012-13 to
22.05.2021, when the letter has been issued, the claimant
has been continued in his service as Transport Incharge in
Sri Chaitanya Techno School. Therefore, it is very clear
that the claimant has not relieved from the service and
therefore, there is no loss of income due to disability.
11. Therefore, considering the evidence of the claimant
and injuries suffered by the claimant, I am of the opinion
that the compensation of Rs.3,02,940/- awarded by the
Tribunal under the head of 'loss of future income due to
permanent disability' is on higher side and the same has
been reduced to Rs.1,50,000/-.
12. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
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13. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this
Compensation under Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 40,000 40,000
Medical expenses 44,500 44,500
Food, nourishment, 15,000 15,000
conveyance and
attendant charges
Loss of future income 3,02,940 1,50,000
due to permanent
disability
Loss of enjoyment of life 10,000 10,000
due to injuries
Total 4,12,440 2,59,500
14. In the result, the following order is passed:
ORDER
a) The appeals are disposed of..
b) The judgment of the Claims Tribunal is modified.
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c) The claimant is entitled to a total compensation of
Rs.2,59,500/-.
d) The Insurance Company is directed to deposit the
compensation amount along with interest
@ 6% p.a. from the date of filing of the claim
petition till the date of realization, within a period of
six weeks from the date of receipt of copy of this
judgment.
e) The amount in deposit, if any, shall be transferred to
the Tribunal.
f) All pending applications are also disposed of.
Sd/-
JUDGE
HA
