Karnataka High Court
The Manager Shri Ram Gic Ltd vs Rajendra N P @ Rajendra Gouda on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14271
MFA No. 6286 of 2013
C/W MFA No. 9445 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6286 OF 2013 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9445 OF 2013
IN MFA NO.6286 OF 2013
BETWEEN:
MR. RAJENDRA.N.P @ RAJENDRA GOWDA
S/O PAMPANNA GOWDA,
AGED ABOUT 45 YEARS,
RESIDING AT C/O NAGENDRAPPA,
GUMASTHA COLONY, 1ST CROSS,
CHITRADURGA.
PIN-577 501.
...APPELLANT
(BY SRI. GIRISH.B.MANGANNAVAR., ADVOCATE FOR
SRI. B.PRAMOD., ADVOCATE)
AND:
1. MR. M.N.RAJU
Digitally signed by S/O NAGANNA GOWDA,
THEJASKUMAR N MAJOR, OWNER OF BUS BEARING,
Location: HIGH REG.NO.KA-17-A-4228,
COURT OF
KARNATAKA RESIDING AT MEDAGINAKERE VILLAGE,
JAGALURU TALUK,
DAVANAGERE DISTRICT,
PIN-577 553.
2. THE BRANCH MANAGER,
SRIRAMA GENERAL INSURANCE CO. LTD.
BRANCH OFFICE, 8, RIICO,
INDUSTRIAL AREA, SEETHAPURA,
JAIPUR, RAJASTHAN,
PIN-302 022.
...RESPONDENTS
(BY SRI. M.E.NAGESH., ADVOCATE FOR R1;
SRI. B.PRADEEP., ADVOCATE R2)
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MFA No. 6286 of 2013
C/W MFA No. 9445 of 2013
IN MFA.NO. 9445 OF 2013
BETWEEN:
THE MANAGER SHRI RAM GIC LTD.,
BRANCH OFFICE,
NO.8, RICHO, INDUSTRIAL AREA,
SEETHAPURA, JAIPUR,
RAJASTHAN-302 022.
NOW REPRESENTED BY THE BRANCH MANAGER,
SHIRAM GENERAL INS CO. LTD.,
3RD FLOOR, S AND S CORNER BUILDING,
OPP. BOWRING AND LADY CURZON HOSPITAL,
BANGALORE-01.
...APPELLANT
(BY SRI. PRADEEP.B., ADVOCATE)
AND:
1. RAJENDRA.N.P.@ RAJENDRA GOUDA
S/O PAMPANNA GOWDA,
AGED ABOUT 45 YEARS,
C/O NAGENDRAPPA,
GUMASTHA COLONY,
1ST CROSS, CHITRADURGA-577 501.
2. M.N.RAJU
S/O NAGANNA GOWDA,
AGED MAJOR,
R/O MEDAGINAKERE VILLAGE,
JAGALUR TALUK,
DAVANAGERE DISTRICT-577 001.
...RESPONDENTS
(BY SRI. GIRISH.B.MANGANNAVAR., ADVOCATE FOR
SRI. B.PRAMOD., ADVOCATE FOR R1;
SRI. M.E.NAGESH., ADVOCATE FOR R2)
THESE MISCELLANEOUS FIRST APPEALS ARE FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:27.03.2013
PASSED IN MVC NO.1669/2010 ON THE FILE OF THE
ADDITIONAL DISTRICT & SESSIONS JUDGE AND ADDITIONAL
MACT, CHITRADURGA.
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MFA No. 6286 of 2013
C/W MFA No. 9445 of 2013
THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON
FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Girish B.Mangannavar., learned counsel on behalf of
Sri.B.Pramod., for the appellant and Sri.B.Pradeep., learned
counsel for respondent No.2 have appeared in person.
Sri.B.Pradeep., learned counsel for the appellant and
Sri.Girish B.Mangannavar., learned counsel on behalf of
Sri.B.Pramod., for respondent No.1 have appeared in person.
2. For the sake of convenience, the parties are
referred to as per their status and rankings before the Tribunal.
3. The brief facts are these:
It is contended that on the thirteenth day of January
2010 at about 3:45 pm., the claimant was traveling as a
passenger in a bus bearing Registration No.KA-17/A-4228 from
Jagaluru towards Davanagere. When the bus came near Anaji
Village lake, the driver of the bus drove the same in a rash and
negligent manner and capsized the bus. Due to the impact, the
claimant fell on the road and sustained injuries all over the
body and some of the passengers died. Immediately, he was
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shifted to C.G Hospital, Davanagere, wherein he took first aid
and on the advise of the doctor he was shifted to S.S. Institute
of Medical Science & Research Centre, Davanagere, and he
was admitted as an inpatient from 21.01.2010 to 19.02.2010.
Contending that he is entitled for compensation, the claimant
filed a claim petition.
In response to the notice, the first respondent remained
absent before the Tribunal and hence, he was placed ex-parte.
The second respondent Insurance Company appeared through
its counsel and filed objections denying the petition averments.
Among other grounds, it prayed for dismissal of the Claim
petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:27.03.2013 partly allowed the
claim petition and directed the Insurance Company to satisfy
the award amount. The claimant and the Insurance Company
have assailed the Judgment of the Tribunal in these appeals on
several grounds as set-out in the Memorandum of appeals.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
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behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
5. The following points would arise for consideration:
1. Whether the claimant is entitled for enhanced
compensation.
2. Whether the Tribunal is justified in directing the
Insurance Company to satisfy the award
amount.
6. The facts are sufficiently stated and do not require
reiteration. The claimant's appeal is one for enhancement of
compensation. The grounds urged in the claimant's 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.
Hence, this Court deems it appropriate to award Rs.30,000/-
(Rupees Thirty Thousand only) towards pain and sufferings as
against Rs.20,000/- (Rupees Twenty Thousand only) awarded
by the Tribunal.
The compensation of Rs.42,000/- (Rupees Forty Two
Thousand only) towards medical expenses and hospitalization
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charges and Rs.5,000/- (Rupees Five Thousand only) towards
Incidental and Misc. Expenses remains intact.
It is noticed that the Tribunal has awarded Rs.90,720/-
(Rupees Ninety Thousand Seven Hundred and Twenty only)
towards Loss of future earning capacity due to disability. It is
contended that the claimant was working as an agriculturist
and was earning a sum of Rs.10,000/- (Rupees Ten Thousand
only) per month. However, there is no proof of income. 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 2010, the
salary of the injured must be taken as Rs.5,500/- (Rupees Five
Thousand Five Hundred only) per month. The age of the
claimant was 42 years as on the date of accident, hence the
multiplier 14 is to be adopted.
At the time of calculation, the disability is assessed at
12%. Hence, the amount towards loss of future earning
capacity due to disability is calculated as under:
Rs.5,500/- X 12 X 14 X 12/100 = Rs.1,10,880/-.
It is noticed that the Tribunal has not awarded
compensation towards laid up period and loss of amenities.
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Therefore, this Court deems it appropriate to award Rs.5,500/-
(Rupees Five Thousand Five Hundred only) towards laid up
period and Rs.15,000/- (Rupees Fifteen Thousand only)
towards loss of amenities.
Accordingly, this Court re-determines the compensation
as under:-
1. Pain and Sufferings 20,000 + 10,000 Rs.30,000/-
2. Medical Expenses 42,000 Rs.42,000/-
3. Towards incidental and 5,000 Rs.5,000/-
misc. expenses
4. Loss of earning capacity 1,10,880 Rs.1,10,880/-
due to disability
5,500 x 12 x 14 x 12%
5. Laid up period 5,500 Rs.5,500/-
6. Loss of amenities 15,000 Rs.15,000/-
Total: Rs.2,08,380/-
(Less) Compensation awarded by the -Rs.1,57,720/-
Tribunal:
Enhanced compensation awarded by Rs.50,660/-
this Court:
In view of law laid down by the Hon'ble Apex Court in
NATIONAL INSURANCE CO. LIMITED VS. ANJANA SHYAM
AND OTHERS reported in (2007) 7 SCC 445, the Insurance
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Company is directed to satisfy the entire compensation amount
with a liberty to recover the same from the owner of the
offending vehicle.
7. Hence, the following:
ORDER
1. The Miscellaneous First Appeal filed by
the claimant in No.6286/2013 is allowed and the
Miscellaneous First Appeal filed by the Insurance
Company in No.9445/2012 is allowed in part.
The Judgment dated:27.03.2013 passed by
the Court of the Addl. District & Sessions Judge &
Addl. M.A.C.T, Chitradurga in M.V.C No.1669/2010
is modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.50,660/- (Rupees Fifty
Thousand Six Hundred and Sixty only) with 6%
interest per annum from the date of the claim
petition till the date of realization.
3. The second respondent Insurance
Company shall deposit the entire compensation
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amount along with 6% interest within a period of
two months from the date of receipt of the certified
copy of this Judgment with a liberty to recover the
same from the owner of the offending vehicle.
4. The Registry to draw the modified award
accordingly.
5. The Registry is directed to transmit the
amount in deposit, if any in M.F.A.No.9445/2013 to
the concerned Tribunal forthwith for disbursement.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
