Karnataka High Court
The Oriental Insurance Co., Ltd vs Smt. Nagini B.M on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15656
MFA No. 1887 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.1887 OF 2015(MV-I)
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD.,
NO.10001/56, JAYALAKSHMI MANSION,
2ND FLOOR, DR.RAJKUMAR ROAD,
4TH BLOCK, RAJAJINAGAR,
BANGALORE-10.
REPRESENTED BY REGIONAL OFFICE,
T.P.HUB, NO.44/45, LEO SHOPPING COMPLEX,
RESIDENCY ROAD CROSS,
BANGALORE-560 025.
BY ITS DULY CONSTITUTED ATTORNEY.
...APPELLANT
(BY SRI. RAVISHANKAR.C.R., ADVOCATE)
AND:
1. SMT. NAGINI B.M.
AGED ABOUT 27 YEARS,
Digitally signed by
THEJASKUMAR N S/O SRI. PRASHANTH.M,
Location: HIGH R/A NO.773, 'A' BLOCK,
COURT OF
KARNATAKA 1ST CROSS, SAHAKARANAGAR,
YELAHANKA, BANGALORE.
2. M/S. NCC URBAN INFRASTRUCTURE LTD.,
PUTTENAHALLI, NEAR RAMA MANDIRA,
YELAHANKA, BANGALORE.
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI. VASUDEVAMURTHY.B.K. AND
SRI. K.SHANTHARAJ., ADVOCATES FOR R1[ABSENT];
NOTICE TO R2-DISPENSED WITH V/O DATED: 27.02.2020)
-2-
NC: 2024:KHC:15656
MFA No. 1887 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, ACT
AGAINST THE JUDGMENT AND AWARD DATED:16.10.2014
PASSED IN MVC NO.1162/2013 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES, XXVI ACMM, MACT, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Ravishankar.C.R., learned counsel for the appellant
has appeared in person.
2. There is no representation on behalf of respondent
No.1, either personally or through video conferencing.
As could be seen from the daily order sheet, the appeal
was listed on 18.04.2024, on that day, there was no
representation on behalf of respondent No.1. Hence, for
appearance of learned counsel for respondent No.1, the appeal
was ordered to be listed on 19.04.2024.
The appeal is listed today. As already noted above, there
is no representation on behalf of respondent No.1, either
NC: 2024:KHC:15656
personally or through video conferencing. Hence, this Court
proceeds to pass orders on the merits of the case.
3. For the sake of convenience, the parties are
referred to as per their status and rankings before the Tribunal.
4. The brief facts are these:
On the Twenty-ninth day of January 2011 at about 6:15
pm., the claimant was going on a motorbike bearing
Registration No.KA-04-EY-1925 as a pillion rider near railway
gate on BB Road, Yalahanka, Bangalore. At that time, a lorry
bearing Registration No.KA-01-C-1982 came in a rash and
negligent manner and hit the claimant's bike. Due to the
impact, the claimant fell and sustained fracture. It is said that
the claimant was hospitalized and took treatment as an
inpatient and incurred huge medical expenses. Contending that
she is entitled for compensation, the claimant filed a Claim
Petition.
In response to the notice, respondents appeared through
their counsel. The first respondent Insurance Company filed its
objection denying the petition averments. Among other
grounds, it prayed for dismissal of the Claim Petition.
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Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:16.10.2014 partly allowed the
Claim Petition. The Insurance Company has assailed the
Judgment of the Tribunal in this appeal on several grounds as
set-out in the Memorandum of appeal.
5. Learned counsel for the appellant has 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.
6. The point that requires consideration is whether the
Judgment of the Tribunal requires interference.
7. The facts are sufficiently stated and do not require
reiteration. Suffice it to note that the accident occurred on
29.01.2011 and the claimant sustained injuries on account of
the accident. The Tribunal extenso referred to the material on
record and awarded compensation of Rs.5,99,000/- (Rupees
Five Lakh Ninety Nine Thousand only) under different heads.
The Insurance Company has assailed the Judgment of the
Tribunal in this appeal regarding quantum of compensation.
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Perused the Judgment with utmost care. The claimant
furnished a copy of a Pay Slip to contend that she was earning
a salary of Rs.18,247/- and the same was marked as Ex.P.9.
The Claimant neither examined her employer nor furnished
Income Tax Returns. The Tribunal concluded that without
examining the author of a salary slip and her employer and
mere production of a salary slip is not sufficient to accept the
contention of the claimant that to say that she was earning
Rs.18,247/- per month. However, the Tribunal considered the
notional income of the claimant as Rs.10,000/-. The
consideration of notional income at Rs.10,000/- is without a
basis. Needless to observe that the claimant has failed to
substantiate the proof of monthly income, hence the notional
income must be taken into consideration. As per the chart, if
the accident is occurred in the year 2011, the notional income
of the injured must be taken as Rs.6,500/- per month.
Accordingly, the compensation towards Loss of future income
due to disability is calculated as under:
Rs.6,500 x 12 x 18 x 10% = Rs.1,40,400/-.
Similarly, the compensation awarded towards loss of
income during laid up period is calculated as under:
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6,500 X 3 months = Rs.19,500/-.
The compensation awarded under other heads remains
intact. Accordingly, this Court re-determines the compensation
as under:
1. Pain and Sufferings 40,000 Rs.40,000/-
2. Attendant charges, 4,500 Rs.4,500/-
extra nourishment and
transportation charges
3. Medical Expenses 2,98,500 Rs.2,98,500/-
4. Loss of future income 1,40,400 Rs.1,40,400/-
due to permanent
disability
6,500 x 12 x 18 x 10%
5. Loss of income during 6,500 x 3 Rs.19,500/-
the period of taking
treatment
6. Loss of future amenities 10,000 Rs.10,000/-
Reassessed Compensation: Rs.5,12,900/-
8. Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment
dated:16.10.2014 passed by the Court of Small
Causes and MACT, Bangalore (SCCH-09) in M.V.C
No.1162/2013 is modified to the extent stated
hereinabove.
2. The claimant is entitled for reassessed
compensation of Rs.5,12,900/- (Rupees Five Lakh
Twelve Thousand Nine Hundred only) with 6%
interest per annum from the date of the claim
petition till the date of realization.
3. The Insurance Company shall deposit
the reassessed 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.
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6. Office is directed to transmit the original
records and the amount in deposit, if any to the
concerned Tribunal forthwith for disbursement.
Sd/-
JUDGE
TKN
