Karnataka High Court
M/S. Shriram General Insurance Co. Ltd vs Shaik Saifulla Basha on 22 April, 2024
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NC: 2024:KHC-D:6644
MFA No. 103553 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103553 OF 2018 (MV-I)
BETWEEN:
M/S. SHRIRAM GENERAL INSURANCE CO. LTD,
BY ITS MANAGER, BALLARI,
REPTD BY AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND:
1. SHAIK SAIFULLA BASHA S/O. SHAIK VALI BASHA,
AGE: 31 YEARS, OCC: PROCESS SHIFT INCHARGE,
R/O: DOOR NO.34, 24TH WARD, DOBHI STREET,
COWL BAZAR, BALLARI, PIN CODE: 583103.
2. G. SIVAKAILASS S/O. G. SHIVA SHANKAR,
AGE: 33 YEARS, OCC: DRIVER,
R/O. 5/218, OPP: YERAGUNTLA POLICE
STATION, VERRAGUNTALA, YSR
CUDDAPAH, PIN CODE: 516309.
Digitally signed
3. YAPARALA NAGENDRA REDDY,
by JAGADISH T S/O. YAPARALA NAGI REDDY,
R AGE: 48 YEARS, OCC: OWNER,
Location: HIGH
COURT OF R/O. H.NO.2/152-1, KRANTHI NAGAR,
KARNATAKA YERRAGUNTLA POST, CUDDAPAH DISTRICT,
AP, PIN CODE: 516309.
...RESPONDENTS
(BY SMT. G. K. KEERTHI, ADV. FOR R1;
NOTICE TO R2 & R3 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT
AND AWARD DATED 28.07.2018 PASSED BY THE COURT OF THE III
MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI IN MVC
NO.591/2015 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6644
MFA No. 103553 of 2018
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed by the insurance company
challenging the judgment and award dated 28.07.2018
passed in MVC No.591/2015 on the file of III Motor
Accident Claims Tribunal, Ballari (for short, 'Tribunal').
3. Heard the learned counsel Sri.Nagaraj C
Kolloori appearing for the appellant and learned counsel
Smt. G.K. Keerthi appearing for respondent No.1.
4. Learned counsel for the appellant submits that
the Tribunal has committed grave error in saddling entire
liability on the insurance company. It is submitted that the
Tribunal ought to have saddled 50% liability on the rider of
the motorcycle as he was negligent in riding motorcycle. It
is further submitted that the Tribunal has committed an
error in assessing disability as well as awarded exorbitant
NC: 2024:KHC-D:6644
compensation under the heads of pain and sufferings, loss
of amenities, permanent physical impairment and for ugly
scars. Hence, he seeks to re-assess the same. He also
submits that the award of interest at 8% is required to be
reduced to 6% per annum by allowing the appeal filed by
the insurance company.
5. Learned counsel Smt.G.K. Keerthi appearing for
respondent No.1 supports the impugned judgment and
award of the Tribunal and seeks to dismiss the appeal.
6. The respondent No.1 who was a pillion rider
met with an accident on 04.01.2015 and sustained
fractures of degloving injury to right foot with fracture 1st
metatarsal bone.
7. The police after investigation of the crime have
filed a charge sheet against the driver of the lorry. There is
no evidence whatsoever on record to come to a conclusion
that the rider of the motorcycle was negligent. In the
instant case, the appellant was admittedly pillion rider.
NC: 2024:KHC-D:6644
Hence, the contention of the insurance company of shifting
50% liability on the rider has no merit consideration.
Accordingly, same is rejected. Insofar as quantum of
compensation is concerned, the Tribunal has rightly
assessed the income of the injured at Rs.12,000/- per
month, taking note of the oral testimony of PW1 and
Ex.P18-Salary certificate. PW2 has issued disability
certificate and deposed before the Tribunal that the
appellant has sustained disability to the extent of 30%.
Taking note of the same, the Tribunal has assessed
disability at 20% for the purpose of award of
compensation. In my considered view, the same is just
and appropriate and does not call for any modification.
However, the Tribunal has committed an error in awarding
compensation under the heads of ugly scars and loss of
permanent physical impairment. As there is no evidence
whatsoever available on record with regard to the award
of compensation on aforesaid heads. Hence, the impugned
judgment and award is upheld except holding that the
respondent/claimant would not be entitled to
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compensation of Rs.30,000/- under the head of ugly scars
and Rs.1,00,000/- under the head of permanent physical
impairment. After deducting aforesaid amounts, the
claimant would be entitled to total compensation of
Rs.7,59,600/- which shall carry interest at the rate of
6% per annum from the date of petition till realization.
8. To the aforesaid extent, the appeal filed by
insurance company is allowed in part. Amount in deposit
shall be transmitted back to the Tribunal along with TCR.
Excess amount, if any, be refunded to the
appellant/insurer.
Sd/-
JUDGE
RKM
Ct-an
