Karnataka High Court
Sachin Shetty vs Mr Praveen Y Bhandari on 19 April, 2024
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NC: 2024:KHC:15553
MFA No. 5153 of 2018
C/W MFA No. 3534 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 5153 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3534 OF 2018(MV-I)
IN MFA NO. 5153 OF 2018 (MV-I)
BETWEEN:
SACHIN SHETTY
S/O. VISHWANATH SHETTY
R/O THENKU MANE
BANDASLEBETTU
52 HEROORU VILLAGE
BRAHMAVARA, UDUPI TALUK
UDUPI DISTRICT-576 213.
...APPELLANT
(BY SRI. SADASHIVA D., ADVOCATE)
AND:
Digitally signed by
MOUNESHWARAPPA 1. MR. PRAVEEN Y. BHANDARI
NAGARATHNA
Location: HIGH S/O. CAPT. K. YADAV
COURT OF
KARNATAKA AGED ABOUT 40 YEARS
R/O. NO.24-125
SUDHAR ENCLAVE
MOODUBETTU POST
KRODASHRAMA, UDUPI TALUK
UDUPI DISTRICT-576 120.
2. THE RELIANCE GENERAL INS CO. LTD.,
DIVISIONAL MANAGER
DIVISIONAL OFFICE
BALMATTA ROAD
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NC: 2024:KHC:15553
MFA No. 5153 of 2018
C/W MFA No. 3534 of 2018
OPP: KASTURBA DENTAL COLLEGE
MANGALURU-575 001.
...RESPONDENTS
(BY SRI.B.PRADEEP., ADVOCATE FOR R2
NOTICE TO R1 IS D/W V/O/DATED: 05.12.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.02.2018 PASSED IN MVC
NO.88/2016 ON THE FILE OF THE 2ND ADDITIONAL SENIOR
CIVIL JUDGE & ADDITIONAL MACT, UDUPI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 3534 OF 2018 (MV-I)
BETWEEN:
DIVISIONAL MANAGER
RELIANCE GIC LTD,
DIVISIONAL OFFICE
BALMATA ROAD
OPP: KASTURBA DENTAL COLLEGE
MANGALORE
LEGAL MANAGER
RELIANCE GENERAL INSURANCE CO. LTD.
REGIONAL OFFICE
5TH FLOOR, CENTENARY BUILDING
NO.28, M.G.ROAD
BANGALORE-5600
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SACHIN SHETY
S/O VISHWANATHA SHETY
NOW AGED ABOUT 26 YEARS
R/O THENKU MANE
BANDASLEBETTU
NO.52, HEROORU VILLAGE
BRAHMAVARA
UDUPI TALUK AND DISTRICT-576 210
-3-
NC: 2024:KHC:15553
MFA No. 5153 of 2018
C/W MFA No. 3534 of 2018
2. PRAVEEN Y. BHANDARI
S/O CAPT. K YADAV
AGED ABOUT 40 YEARS
R/O NO.24-125, SUDHAR ENCLAVE
MOODUBETTU POST
KRODASHRAMA
UDUPI TALUK AND DIST-576 124.
...RESPONDENTS
(BY SRI.D.SADASHIVA.,ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH V/O/DATED:11.10.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.02.2018 PASSED IN MVC
NO.88/2016 ON THE FILE OF THE 2ND ADDITIONAL SENIOR
CIVIL JUDGE & ADDITIONAL MACT, UDUPI, AWARDING
COMPENSATION OF RS.4,07,744/- WITH INTEREST AT 9% P.A.
FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
THESE TWO APPEALS COMING ON FOR FINAL HEARING,
THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
As these two appeals are arising out of common
judgment and award of the Tribunal, they are heard
together and disposed of by this common judgment.
2. For the sake of convenience, the parties are
referred to as they are referred to in the claim petitions
before the Tribunal.
3. MFA No.5153/2018 is filed by the claimant seeking
enhancement of compensation awarded by the Tribunal
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whereas, MFA No.3534/2018 is filed by the Insurer of the
offending vehicle seeking reduction of compensation
awarded by the Tribunal.
4. As there is no dispute with regard to the injuries
sustained by the claimant in the road traffic accident
occurred on 10.04.2015 due to rash and negligent driving
of the offending stage carriage bus bearing Regn.No.KA-
19-C-4489 by its driver under the liability of the Insurance
Company, the points that arise for my consideration in this
appeal are:
i) Whether, compensation
awarded by Tribunal is just and
reasonable or does it call for
enhancement or for reduction?
ii) Whether the interest awarded
by the Tribunal is just and proper or
it calls for interference?
5. Learned counsel for the claimant submits that
inspite of the disability stated by the Doctor at 14% to the
lower limb, the Tribunal has committed an error in not
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considering 14% disability but, it has considered it at only
7% and the Tribunal has not awarded fair compensation
towards loss of earning during laid-up period, loss of
future earning capacity. Hence, he prays to allow the
appeal filed by the claimant and to dismiss the appeal filed
by the Insurance Company.
6. Learned counsel for the Insurer submits that the
compensation awarded by the Tribunal towards pain and
suffering and medical expenses, loss of amenities and
marriage prospects are not only on the higher side but,
are contrary to Schedule-II of the MV Act and therefore,
he prays to allow the appeal filed by the Insurer and
dismiss the appeal filed by the claimant.
7. As per Ex.P3 wound certificate, the claimant has
sustained two grievous injuries and simple injuries. The
injuries sustained and the treatment taken by the claimant
are also evidenced from Ex.P8 the discharge summary,
Ex.P11 Case Sheet and Ex.P12 X-Ray and supported by
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oral evidence of the claimant and the doctor who were
examined as PWs. 1 and 2.
8. PW.2 Dr.Kiran K.V.Acharya in his evidence has
stated that the claimant has suffered disability at 14% to
the lower limb (loco motor functions of the body).
Considering the grievous injuries and other injuries
sustained by the claimant, the Tribunal awarded a sum of
Rs.1,00,000/- which is high and exorbitant one. For one
grievous injury, as per the settled law, the claimant is
entitled for an amount of Rs.40,000/- and for additional
fractures, he is entitled for Rs.10,000/- each and for
simple injuries, he is entitled for Rs.5,000/-. Therefore,
the claimant is entitled for Rs.65,000/- in all under the
head `pain and sufferings' as against Rs.1,00,000/-
awarded by the Tribunal.
9. The Tribunal awarded a sum of Rs.23,264/-
towards medical expenses on the basis of actual medical
bills. It is just and reasonable amount and no interference
is called for by this Court. Towards future medical
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expenses, the Tribunal awarded a sum of Rs.50,000/-
which is exorbitant. Hence, it has to be reduced. Thus, it is
reduced to Rs.23,000/- from Rs.50,000/-.
10. Towards loss of earning during treatment and
loss of earning during bed rest, the Tribunal awarded a
sum of Rs.5,400/- and Rs.18,000/- respectively totally
Rs.23,400/-. Towards loss of income during laid-up period,
the Tribunal ought to have awarded Rs.27,000/-
(Rs.9,000/- x 3 months) considering the monthly notional
income at Rs.9,000/- and the nature of injuries sustained
by the claimant. Hence, a sum of Rs.27,000/- is awarded
under this head as against Rs.23,400/- awarded by the
Tribunal.
11. Towards loss of future income, the Tribunal
awarded a sum of Rs.1,36,089/-. If the monthly income of
the claimant is considered at Rs.9,000/- per month, then it
has to be reassessed. Hence, taking monthly income of
the claimant at Rs.9,000/-, if 10% disability is taken it will
be Rs.900/-. If it is calculated annually it will be
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Rs.10,800/- (Rs.900 x 12) and if multiplier `18' is applied
according to the age of the claimant, it will be
Rs.1,94,400/- (Rs.10,800 x 18) as against Rs.1,36,080/-
awarded by the Tribunal.
12. Considering the disability stated by the doctor,
the amount of discomfort and unhappiness undergone by
the claimant and also the fact that claimant is unmarried,
the Tribunal awarded a sum of Rs.50,000/- towards loss of
amenities and marriage prospects which is just and
reasonable. Towards food, conveyance, nourishment and
attendant charges, the Tribunal has awarded a sum of
Rs.25,000/- which is reasonable. Hence, no interference is
called for by this Court under these heads.
13. With regard to award of interest, the learned
counsel for the Insurer vehemently argued to reduce the
rate of interest awarded by the Tribunal at 9% contending
that the same is on the higher side. In the decision
rendered by this Court in MFA No.5896/2018 C/w.MFA
Nos.4444 in the case of Ms.Joyeeta Bose and others
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vs. Venkateshan V and others wherein a similar
question arose with regard to awarding of interest,
keeping in view Section 34 of the Code of Civil Procedure,
it has been held that rate of interest shall not exceed 6%
p.a from the date of petition till the date of deposit. In the
present case also, the rate of interest is reduced to 6%
p.a. instead of 9% p.a. awarded by the Tribunal.
14. Thus, the claimant is entitled for a total
compensation of Rs.4,07,664/- with interest at the rate of
6% p.a. as against the compensation awarded by the
Tribunal at Rs.4,07,744/- under the various heads as per
table below:
SL. HEADS Amount in
No. Rs.
1. Pain and Suffering 65,000/-
2. Medical Expenses 23,264/-
3. Future Medical Expenses 23,000/-
4. Loss of income during laid-up 27,000/-
period
5. Loss of future income 1,94,400/-
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6. Loss of amenities, marriage 50,000/-
prospects
7. Food, Nourishment, Conveyance 25,000/-
and attendant charges.
TOTAL 4,07,664/-
15. Accordingly, I pass the following:
ORDER
(i) MFA No.5153/2018 filed by
the claimant is dismissed and MFA
No.3534/2018 filed by the Insurance
Company is allowed in-part.
(ii) The judgment and award
passed by the 2nd Additional Senior
Civil Judge and Addl. MACT, Udupi in
MVC No.88/2016 9.2.2018 is
confirmed except award of interest.
(iii) The interest awarded by the
Tribunal on the compensation at 9%
p.a. is reduced to 6% p.a.
(iv) In view of dismissal of
appeal filed by the claimant and
allowing the appeal filed by the
Insurance Company in part,
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respondent no.2-Insurance Company
is directed to deposit the entire
compensation amount together with
interest at the rate of 6% p.a. within a
period of four weeks from the date of
receipt of a copy of this judgment.
(v) The amount deposited by
the Insurance Company shall be
transmitted to the Tribunal within two
weeks from today.
No order as to costs.
Sd/-
JUDGE
Sk/-
