Karnataka High Court
Mr. Shivaraju vs M/S Iffco-Tokio General Insurance Co. ... on 8 April, 2024
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NC: 2024:KHC:14366
MFA No. 4181 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 4181 OF 2018 (MV-I)
BETWEEN:
MR. SHIVARAJU
S/O. MR. HUCHEGOWDA,
AGED ABOUT 47 YEARS,
R/AT. NO.17, 10TH CROSS,
PIPELINE ROAD,
SUNKADAKATTE,
BANGALORE - 560 058.
...APPELLANT
(BY SRI. KESHAVA MURTHY B., ADVOCATE)
AND:
1. M/S IFFCO-TOKIO GENERAL INSURANCE CO. LTD.
REGIONAL OFFICE,
Digitally signed by
MOUNESHWARAPPA
NO.6(D), I MAIN, I STAGE,
NAGARATHNA
Location: HIGH
PEENYA INDUSTRIAL AREA,
COURT OF
KARNATAKA BANGALORE - 560 038.
REP. BY ITS MANAGER.
2. MR. NANJAPPA
S/O. MR. NARASAIAH,
NO.9/17, ANNAPOORNESWHARI NAGAR,
HEGGANAHALLI CROSS,
BANGALORE - 560 091.
...RESPONDENTS
(BY SRI.D.VIJAY KUMAR, ADVOCATE FOR R1
V/O DTD., 20.11.2023, NOTICE TO R2 IS D/W)
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MFA No. 4181 of 2018
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.11.2017 PASSED IN MVC
NO.4207/2016 ON THE FILE OF THE XXI ACMM & XXIII ASCJ,
MACT, COURT OF SMALL CAUSES, BENGALURU[SCCH-25],
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 appeal is filed by the claimant aggrieved by the
judgment and award dated 21-11-2017 passed in M.V.C.
No.4207 of 2016 on the file of the Motor Accident Claims
Tribunal and Court of Small Causes, Bengaluru, whereby,
the Tribunal awarded a sum of Rs.1,93,600/- as
compensation.
2. For the sake of convenience, the parties are
referred to as they are referred to in the claim petition
before the Tribunal.
3. The claim petition was filed seeking
compensation on account of the injuries sustained by the
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claimant in the accident that took place on 16-4-2016 at
about 7.30 p.m. It is the case of the claimant that after
the accident, he was shifted to Ashraya Hospital,
Bengaluru, where he took treatment, X-rays were done,
and the Doctors noticed the fracture of left vertebral body,
abrasion over right gluteal region and Laceration on the
scalp.
4. The Tribunal considering the evidence on record at
Exs.P1 to P.9 and considering the oral evidence of PWs.1
and 2, awarded compensation of Rs.1,93,600/-.
5. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injuries
sustained by the claimant and the amount that was spent
towards treatment. As per the wound certificate, injury
No.1 is grievous in nature and injuries No.2 and 3 are
simple in nature and the Tribunal has failed to grant
reasonable compensation amount for the said injuries. He
further submitted that the Tribunal has not awarded any
compensation in respect of medical bills. Further, the
Tribunal has not granted any compensation under the
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head, loss of amenities, pain and suffering, loss of income
during laid up period. Hence, he prayed to allow the
appeal.
6. Learned counsel for respondent No.2/Insurance
Company submits that the Tribunal considering the
medical evidence as well as oral evidence and other
exhibits has reasonably granted the compensation. He
further submitted that no grounds are made out for
seeking enhancement of compensation.
7. As there is no dispute regarding injuries sustained
by the claimant in a road traffic accident occurred on
16-4-2016 due to rash and negligent driving of
Autorickshaw bearing registration No.KA-02/AB-6232
driven by its driver and liability of the insurer of the
offending vehicle, the only point that arises for my
consideration in the appeal is:
"Whether quantum of compensation awarded
by the Tribunal is just and reasonable or does it
call for any enhancement?"
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8. After hearing the learned counsel appearing for
the parties and perusing the judgment and award of the
Tribunal, I am of the view that the compensation awarded
by the Tribunal is not just and reasonable, it is on the
lower side and hence, it is required to be enhanced.
9. As per Ex.P5-Wound Certificate, the claimant
sustained the following injuries:
1. Fracture of left vertebral body.
2. Abrasion over right gluteal region
3. Laceration of 3 cm on the scalp,
As per the opinion of the Doctor, injury No.1 is
grievous in nature and injury Nos.2 and 3 are simple in
nature. The claimant was treated at Ashraya Hospital,
Bengaluru, where he was treated as in-patient from
16-4-2016 to 30-4-2016 i.e., for a period of fifteen days.
The injuries sustained and treatment taken by the
claimant is also supported by the oral evidence of the
claimant and the Doctor, who were examined as PWs.1
and 2, respectively.
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10. In this case, the Tribunal has observed that the
claimant sustained in all three injuries, viz., injury No.1 is
grievous in nature and injury Nos.2 and 3 are simple in
nature. For one grievous injury, as per settled law, the
claimant is entitled for amount of Rs.40,000/- and towards
simple injuries, he is entitled for amount of Rs.5,000/-
each. Therefore, the claimant is entitled for Rs.50,000/-
under the head 'pain and sufferings' as against
Rs.35,000/- awarded by the Tribunal.
11. Towards 'incidental expenses', the Tribunal has
not considered the medical bills furnished by the claimant
and the Tribunal has not assigned any proper reasons to
reject the claim of the claimant in respect of said medical
bills. Considering the period of treatment, the petitioner
was treated as inpatient in the hospital. The Tribunal
ought to have granted compensation in respect of medical
bills but has not considered. Hence, considering the
amount spent towards medical bills or the actual amount
incurred towards medical bills, the same has to be
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awarded, hence, Rs.2,27,309/- is awarded in respect of
medical expenses.
12. Towards 'loss of income during laid up period',
the Tribunal has awarded Rs.16,000/- (Rs.8,000 X 2
months). The nature of injuries sustained by the claimant
that he must have been under rest and took treatment for
a period of three months and therefore, a sum of
Rs.28,500/- (Rs.9,500/- x 3) is awarded under the said
head as against Rs.16,000/- awarded by the Tribunal by
taking notional income at the rate of Rs.9,500/- per
month.
13. Towards 'loss of future income', the Tribunal
awarded a sum of Rs.1,07,520/- (Rs.8,000 X 12 X 14 X
8%), which is not reasonable one. If the income of the
claimant is considered at Rs.9,500/- per month, then it
has to be calculated as Rs.9,500 X 12 X 14 X 8%.
Therefore, it works out to Rs.1,27,680/- as against
Rs.1,07,520/- awarded by the Tribunal.
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14. Towards loss of amenities, the Tribunal
awarded a sum of Rs.15,000/- which is not reasonable.
Hence, an additional compensation of Rs.10,000/- is
granted under this head.
15. The Tribunal awarded compensation in respect of
attendant, conveyance, food and nourishment charges,
which comes to Rs.20,000/- which is on the lower side and
hence, additional sum of Rs.5,000/- is granted under this
head.
16. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA v. M. MALATHI
AND ANOTHER reported in (2014) 11 SCC 178, the
claimant is entitled for amount of Rs.10,000/- towards
'legal expenses'.
17. Thus, the claimant is entitled for the following
compensation:
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HEADS Rs.
Pain and sufferings 50,000.00
Medical expenses 2,27,309.00
Loss of income during laid up period 28,500.00
Loss of future income 1,27,680.00
Loss of Amenities 25,000.00
Legal expenses 10,000.00
TOTAL 4,68,489.00
Less: Compensation awarded by the
1,93,600.00
Tribunal
ENHANCED COMPENSATION 2,74,889.00
18. Accordingly, the appeal is allowed-in-part. The
judgment and award passed by the Tribunal is modified to
the extent stated herein above. The claimant is entitled for
a total compensation of Rs.4,68,489/- as against
Rs.1,93,600/- awarded by the Tribunal with interest at 6%
per annum on the additional compensation of
Rs.2,74,889/- from the date of filing of the claim petition
till the date of its realisation.
19. Respondent No.2/Insurance Company is directed
to deposit the additional compensation amount together
with interest within a period of four weeks from the date of
receipt of a copy of this judgment.
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20. Out of the additional compensation, the entire
compensation amount shall be released in favour of the
petitioner on proper identification.
No order as to costs.
Sd/-
JUDGE
PSJ
