Karnataka High Court
Sri. Abeeb Ulla vs M/S Reliance General Insurance Co. Ltd on 1 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:4455
MFA No. 4216 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 4216 OF 2018 (MV-I)
BETWEEN:
SRI. ABEEB ULLA,
S/O AHAMMED SAB,
AGED ABOUT 36 YEARS,
R/O RENUKA NAGAR, BASAVANAHALLI,
KASABA HOBLI, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
...APPELLANT
(BY SRI. H.B. SOMAPUR, ADVOCATE)
AND:
1. M/S RELIANCE GENERAL
INSURANCE CO.LTD.,
Digitally signed by JAI BY ITS MANAGER,
JYOTHI J
Location: HIGH COURT NO.28, CENTENARY BUILDING,
OF KARNATAKA
5TH FLOOR, M.G.ROAD, BANGALORE - 11.
2. SRI. ABHISHEK GOWDA,
S/O MANJUNATHA H, MAJOR,
RESIDENT OF NO.86,
1ST MAIN, 1ST CROSS,
VIJAYALAKSHMI LAYOUT,
ABBIGERE, CHIKKABANAVARA,
BANGALORE - 560 090.
...RESPONDENTS
(BY SRI. H.C. BETSUR, ADVOCATE FOR R1;
-2-
NC: 2024:KHC:4455
MFA No. 4216 of 2018
R2 NOTICE DISPENSED WITH VIDE ORDER DATED
15.12.2022)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08/02/2018, PASSED IN MVC
NO.1015/2017, ON THE FILE OF THE XIX ADDITIONAL SMALL
CAUSES JUDGE AND MACT, (SCCH-17), BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 08.02.2018, passed by the
Motor Accident Claims Tribunal, Bengaluru (SCCH-17), in
MVC No.1015/2017, seeking enhancement of
compensation awarded by the Tribunal.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused
the records.
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4. In the present case, the Tribunal has awarded
compensation as under:
1 Towards pain and suffering Rs.50,000/-
2 Towards attendant charges, extra Rs.10,000/-
food and conveyance expenses
3 Towards medical expenses Rs.1,580/-
4 Towards loss of income during Rs.24,000/-
laid up period
5 Towards loss of income due to Rs.1,58,400/-
permanent disability
6. Towards loss of future amenities Rs.20,000/-
and happiness
7. Towards future medical expenses Rs.20,000/-
Total Rs.2,83,980/-
5. In the present case, from the medical evidence on
record, it is proved that the claimant had suffered the
following injury:-
i. Closed fracture both bones (Tibia and Fibula) of
left leg distal one third.
6. The Tribunal while determining the compensation
has not adopted the correct parameters. Hence, claimant
is entitled for compensation.
7. Considering the nature of injuries sustained by
the claimant, the compensation of Rs.50,000/- awarded by
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the Tribunal under the head 'pain and sufferings' is on the
lesser side. Hence, the same is enhanced to Rs.60,000/-.
8. The Tribunal has awarded a lesser sum of
Rs.10,000/- under the head 'Attendant charges, extra
food, nourishment and conveyance expenses'. The same is
enhanced to Rs.20,000/-.
9. The claimant has produced medical bills and
receipts for Rs.12,235/- but the Tribunal has granted only
Rs.1,580/- on the ground that the claimant had purchased
medicines at Tumkur and it is recorded that Bill No.5 to 54
pertains to H.N.Medicals, Kyathasandra, Tumkur and in
the said bills, name of Doctor and date is not mentioned
and the prescriptions of said bills are not produced.
Therefore, the Tribunal suspected the medical bills and
rejected the same. Just because there is no doctor name
and date is not mentioned and the medicines are
purchased from Tumkur, it cannot be suspected as it is
quite natural that some medicines are not available in all
places and since the said medicines are available at
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Tumkur, the claimant might have purchased the same.
Therefore, rejection of medical bills is not correct.
Accordingly, compensation of Rs.12,235/- is awarded
towards 'Medical expenses'.
10. The Tribunal has awarded a lesser sum of
Rs.20,000/- under the head 'Loss of amenities'. The same
is enhanced to Rs.35,000/-.
11. The compensation of Rs.20,000/- awarded by
the Tribunal under the head 'Future Medical Expenses' is
just and proper. Hence, the same is kept intact.
12. As per Ex.P.12 - salary certificate, the claimant
was drawing salary of Rs.24,000/- per month as an
Electrician. But the author of the said salary certificate is
not examined and the same is found to be suspicious. The
accident is of the year 2017. The notional income of the
claimant is to be taken at Rs.11,000/- per month as
recognized by the Karnataka State Legal Services
Authorities. The claimant was aged about 35 years at the
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time of the accident. The appropriate multiplier applicable
is '16'. The doctor has stated that the claimant has
suffered 33.9% disability towards left lower limb and 17%
towards whole body. The Tribunal has rightly taken 15%
disability to the whole body. Therefore, loss of income
due to disability are reassessed and quantified as:-
11,000 x 12 x 16 x 15/100 = 3,16,800/-
13. The Tribunal has awarded a lesser sum of
Rs.24,000/- under the head 'Loss of income during laid up
period and rest period'. Considering the nature of injuries
and fracture sustained by the claimant, the same is
enhanced to Rs.33,000/- (Rs.11,000/- x 3 months).
14. Thus, in all, the appellant/claimant is entitled for
total compensation under various heads as follows:
Sl.No. Particulars Rs. Tribunal High Court
1 Towards pain and
suffering Rs. 50,000/- 60,000/-
2 Towards attendant
charges, food,
nourishment and
conveyance Rs. 10,000/- 20,000/-
3 Medical expenses Rs. 1,580/- 12,235/-
NC: 2024:KHC:4455
4 Loss of income
during laid up
period Rs. 24,000/- 33,000/-
5 Loss of income due
to permanent
disability Rs. 1,58,400/- 3,16,800/-
6 Loss of future
amenities and
happiness Rs. 20,000/- 35,000/-
7 Towards future
medical expenses Rs. 20,000/- 20,000/-
TOTAL Rs. 4,21,307/- 4,97,035/-
15. The Tribunal has awarded compensation of
Rs.2,83,980/-, but the appellant/claimant is entitled for
total compensation of Rs.4,97,035/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.75,728/- (Rs.2,83,980/- - Rs.4,97,035/-), along with
interest at the rate of 6% per annum from the date of
petition till the date of realization, in addition to what has
been awarded by the Tribunal.
16. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
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ii. The judgment and award passed by the Tribunal
in MVC No.1015/2017 dated 08.02.2018 by the
Motor Accident Claims Tribunal, Bengaluru
(SCCH-17), is hereby modified holding that the
claimant is entitled for enhanced compensation
of Rs.75,728/- along with interest @ 6% p.a.,
from the date of petition till its realization, in
addition to what has been awarded by the
Tribunal.
iii. Costs made easy.
iv. Ordered accordingly.
v. The other observations and findings of the
Tribunal are kept in tact.
Sd/-
JUDGE
MH/-
CT: BHK
