Karnataka High Court
K.S. Vinod @ Vinod Kumar vs Hdfc Ergo Gen.Ins.Co.Ltd on 18 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14781
MFA No. 7095 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.7095 OF 2015(MV-I)
BETWEEN:
K.S.VINOD @ VINOD KUMAR
S/O. SIDDARAMU,
AGED 27 YEARS,
R/AT NO.745, KEELARA VILLAGE,
MANDYA-571 140.
...APPELLANT
(BY SRI. RAGHAVENDRA., ADVOCATE FOR
SRI. KALYAN.R., ADVOCATE)
AND:
1. HDFC ERGO GEN. INSURANCE CO.LTD.,
2ND FLOOR, H.M.GENEVA TOWERS,
CUNNINGHAM ROAD,
BANGALORE-560 001.
Digitally signed by
PREMCHANDRA M R 2. M/S. SWARANA LATHA ENTERPRISES,
Location: HIGH
COURT OF PROP. V.S.N.PRATAP REDDY,
KARNATAKA
NO.24, 6TH CROSS,
MUNESHWARA LAYOUT,
AYYAPPA NAGAR,
K.R.PURAM,
BANGALORE-36.
...RESPONDENTS
(BY SRI. H.S.LINGARAJ., ADVOCATE FOR R1;
NOTICE TO R2-DISPENSED WITH V/O DATED: 01.03.2017)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
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NC: 2024:KHC:14781
MFA No. 7095 of 2015
AGAINST THE JUDGMENT AND AWARD DATED:06.03.2015
PASSED IN MVC NO.6097/2013 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES, XXVI ACMM, (SCCH-09), MACT,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Raghavendra., learned counsel on behalf of
Sri.Kalyan.R., for the appellant and Sri.H.S.Lingaraj., learned
counsel for respondent No.1 have appeared in person.
2. Though the appeal is listed today for dismissal, it is
heard finally.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
NC: 2024:KHC:14781
6. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident.
It is noticed that the Tribunal has awarded compensation
of Rs.2,60,000/- (Rupees Two Lakhs Sixty only) towards Loss
of future income due to permanent disability. In the absence of
any proof of income, the chart prepared by the Legal Service
Authority must be taken into consideration. As per the chart, if
the accident is occurred in the year 2013, the salary of the
injured must be taken as Rs.8,000/- (Rupees Eight Thousand
only) per month. The age of the claimant was 26 years as on
the date of accident, hence the multiplier 17 is to be adopted.
Counsel Sri.R.Kalyan., strenuously urged that the
Tribunal has erred in taking the disability at 17%. By way of
reply to this contention, learned counsel for the Insurance
Company submits that the assessment of the disability at 17%
is just and proper.
NC: 2024:KHC:14781
The submission regarding disability is noted with utmost
care. A doctor by name B.Ramesh was examined as PW2. He
has deposed that the claimant suffers permanent physical
disability of 52% of right lower limb and 26% to the whole
body. Suffice it to note that the doctor who was examined as
PW2 has not treated the claimant. He has not deposed about
the functional disability. It is also noticed that the fractures
sustained by the claimant were well united. The Tribunal
extenso referred to the material on record and concluded the
disability at 17%. The conclusion so arrived at by the Tribunal
is just and proper. Hence, this Court deems it appropriate to
consider the disability at 17%. Accordingly, the amount
towards Loss of future income due to permanent disability is
calculated as under:
Rs.8,000/- X 12 X 17 X 17/100 = Rs.2,77,440/-.
7. Therefore, this Court deems it appropriate to re-
asses the compensation as under:-
NC: 2024:KHC:14781
1. Pain and sufferings 40,000 + 10,000 Rs.50,000/-
2. Attendant charges, 40,000 Rs.40,000/-
extra nourishment and
conveyance charges
3. Medical Expenses 68,000 Rs.68,000/-
4. Loss of income due to 2,77,440 Rs.2,77,440/-
disability
5. Loss of future amenities 20,000 + 10,000 Rs.30,000/-
and unhappiness
6. Loss of income during 45,000 Rs.45,000/-
laid up period
7. Future medical 12,000 Rs.12,000/-
expenses
Total: Rs.5,22,440/-
(Less) Compensation awarded by the -Rs.4,85,000/-
Tribunal:
Enhanced compensation awarded by Rs.37,440/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:06.03.2015
passed by the Court of Small Causes and MACT,
NC: 2024:KHC:14781
Bengaluru (SCCH-09) in M.V.C No.6097/2013 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.37,400/- (Rupees Thirty Seven
Thousand Four Hundred and Forty only) with
interest at the rate of 6% per annum from the date
of the claim petition till the date of realization.
3. The first respondent - Insurance
Company shall deposit the enhanced compensation
amount along with 6% interest within a period of
two months from the date of receipt of the certified
copy of this Judgment.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
