Karnataka High Court
The United India Insurance Company Ltd vs Sri Sunil on 9 February, 2024
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NC: 2024:KHC:5919
MFA No. 11859 of 2012
C/W MFA No. 1306 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.11859 OF 2012(MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1306 OF 2013 (MV)
IN MFA NO.11859 OF 2012
BETWEEN:
THE UNITED INDIA INSURANCE COMPANY LTD
REGIONAL OFFICE, 6TH FLOOR, 'TP-HUB'
KRISHI BHAVAN, HUDSON CIRCLE
BENGALURU-560 001
BY ITS ASSISTANT MANAGER AND
AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI JANARDHANA REDDY, ADVOCATE)
AND:
Digitally
signed by
BHARATHI S 1. SRI SUNIL
Location: S/O PUTTARAJU
HIGH COURT AGED ABOUT 21 YEARS
OF
KARNATAKA R/O NO. 168, 1ST MAIN, 2ND CROSS
MAHALAKSHMIPURAM LAYOUT
BENGALURU.
2. SRI PRADEEP KUMAR
S/O SHANKAREGOWDA
AGE: MAJOR
RESIDING AT NO.369
3RD MAIN ROAD, NANDINI LAYOUT
RAJAJINAGAR
BENGALURU-560 096.
...RESPONDENTS
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MFA No. 11859 of 2012
C/W MFA No. 1306 of 2013
(BY SMT. P. V. KALPANA, ADVOCATE FOR R-1
R-2 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 18.09.2012
PASSED IN M.V.C. NO.1304/2011 ON THE FILE OF THE IX
ADDITIONAL SENIOR CIVIL JUDGE, AND MEMBER, MACT,
COURT OF SMALL CAUSES, BENGALURU, AWARDING
COMPENSATION OF Rs.1,72,400/- WITH INTEREST @ 6% P.A.
ON Rs.1,52,400/- (EXCLUDING FUTURE MEDICAL EXPENSES
OF Rs.20,000/-) FROM THE DATE OF PETITION TILL PAYMENT.
IN MFA NO.1306 OF 2013
BETWEEN:
SRI SUNIL
S/O PUTTARAJU
AGED ABOUT 22 YEARS
R/O NO. 168, 1ST MAIN, 2ND CROSS
MAHALAKSHMIPURAM LAYOUT
BENGALURU.
...APPELLANT
(BY SMT. P.V. KALPANA, ADVOCATE)
AND:
1. SRI PRADEEP KUMAR
S/O SHANKAREGOWDA
AGE: MAJOR
RESIDING AT NO.369, 3RD MAIN ROAD,
NANDINI LAYOUT, RAJAJINAGAR
BENGALURU-560 096.
2. UNITED INDIA INSURANCE
COMPANY LTD.,
REGIONAL OFFICE
6TH FLOOR, KRUSHI BHAVAN
NEAR TP-HUB-HUDSON CIRCLE
NRUPATHUNGA ROAD
BENGALURU-560 002.
...RESPONDENTS
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MFA No. 11859 of 2012
C/W MFA No. 1306 of 2013
(BY SRI JANARDHANA REDDY, ADVOCATE FOR R-2
V/O DATED 10/7/2015 NOTICE TO R-1 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 18.09.2012
PASSED IN M.V.C. NO.1304/2011 ON THE FILE OF THE IX
ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT-7, COURT
OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.11859/2012 is filed by the insurer and MFA
No.1306/2013 is filed by the claimant. In both the appeals, the
Judgment and Award dated 18.09.2012 passed in M.V.C.
No.1304/2011 by the Court of IX Additional Senior Civil Judge,
Small Causes Court, Bangalore is under challenge. Hence, both
the appeals are taken up together for consideration.
2. The parties are referred to as per their rank before
the Tribunal for the sake of convenience.
3. The relevant facts necessary for consideration of
the present appeals are that, claiming compensation for the
injuries sustained in a road traffic accident which occurred on
06.06.2010, the claimant filed a claim petition. It is the case
of the claimant that when he was walking on the road, a car
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being driven in a rash and negligent manner came and hit him
causing the accident in question. The owner and insurer of the
car were arrayed as respondent Nos.1 and 2 before the
Tribunal. The claim proceedings was contested by the insurer.
The claimant examined himself as PW.1 and a Doctor as PW.2.
Exs.P1 to P17 were marked in evidence. No oral or
documentary evidence has been adduced by the insurer. The
Tribunal, by its Judgment and Award dated 18.09.2012,
allowed the claim petition and awarded a compensation of
`1,72,400/- together with interest at 6% per annum and
directed the respondent No.2-insurer to pay the compensation
awarded. Being aggrieved, the above appeals are filed.
4. Learned counsel for the insurer assailing the
judgment of the Tribunal submits that having regard to the fact
that the cause for accident is stated differently in medical
documents produced by the claimant and in the discharge
summary, it being stated that the claimant sustained injuries
due to a skid and fall from two wheeler, the Tribunal erred in
allowing the claim petition and awarding compensation.
5. Per contra, learned counsel for the claimant justifies
the findings recorded by the Tribunal with regard to the manner
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of occurrence of the accident and submits that quantum of
compensation is on the lower side and seeks for enhancement
of the same.
6. The submissions made by both the learned counsels
have been considered and the material on record including the
records of the Tribunal have been perused. The questions that
arise for consideration are:
(i) Whether the finding of the Tribunal
regarding involvement of the insured
vehicle in the accident in question is just
and proper?
(ii) Whether the quantum of compensation
requires to be enhanced?
Regarding question (i):
7. In Ex.P3, the MLC intimation, it is stated that the
alleged history was "RTA while walking was hit by car". In
Ex.P7-Wound Certificate, it is stated as "alleged H/O RTA". In
discharge summary-Ex.P8, it is stated as "alleged H/O skid and
fall from two wheeler sustained injury to left knee H/O hit by
car". It is noticed that it is stated in all the medical records
that the claimant sustained injuries due to a road traffic
accident when he was hit by a car. Although in Ex.P8, it is
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mentioned as "H/O skid and fall", having regard to the fact
that, it is also mentioned as "hit by car", there is no
discrepancy in the medical records and all that is stated in
Exs.P3, P7 and P8 are consistent with the case put forth by the
claimant.
8. The Tribunal has also appreciated the said aspect of
the matter and has recorded a finding that the accident has
been caused by the insured car. It is further relevant to note
that the insurer has not examined the driver of the car but the
driver of the car has been charge sheeted by the Police
Authorities. In view of the aforementioned, the finding
recorded by the Tribunal is just and proper and no interference
of the same is warranted by this Court in the present appeal.
Hence, question No.(i) framed for consideration is answered in
the affirmative.
Regarding question (ii):
9. The claimant is aged 20 years. Hence, the
appropriate multiplier '18' as has been assessed by the
Tribunal. The claimant is stated to be a vegetable vendor.
However, no documents have been produced to prove the
income. The Tribunal has assessed the income of the claimant
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at `4,000/- per month. Having regard to the fact that no
documents have been produced to prove his income, the
income of the claimant is required to be re-assessed as notional
income as per the chart, used for settlement of cases in Lok-
Adalat by the Legal Services Authority and having regard to the
nature of accident, the income is re-assessed as `5,500/- per
month.
10. The claimant has sustained crushed injury of left
knee joint and fracture of left limb. The Doctor, who has been
examined as PW.2, has stated that the claimant suffers from a
whole body disability of 15.34%. The Tribunal appreciating the
said evidence has assessed the functional disability at 10%
which is just and proper. The claimant was treated as an
inpatient for 15 days and the fractures have been surgically
treated.
11. Having regard to the aforementioned, the
compensation is re-assessed as follows:
(i) The Tribunal has awarded a sum of `35,000/-
towards medical expenses and `20,000/- towards future
medical expenses which is just and proper.
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(ii) The Tribunal has awarded a sum of `20,000/-
towards pain and suffering. Having regard to the nature of
injuries sustained, the same is re-assessed as `25,000/-
(iii) The Tribunal has awarded a sum of `4,000/-
towards loss of income. Having regard to the nature of injuries
sustained and period of treatment, the laid up period is
assessed as 3 months and the compensation towards the same
is re-assessed as `16,500/- (`5,500 X 3).
(iv) The Tribunal has awarded a sum of `2,000/-
towards attendant charges and `5,000/- towards conveyance,
food and nourishment. Having regard to a period of treatment
and the nature of injuries, the compensation towards attendant
charges, conveyance, food and nourishment is re-assessed as
`15,000/-.
(v) The Tribunal has not awarded any amount towards
loss of amenities. Having regard to the nature of injuries and
the resultant disability, the same is assessed as `15,000/-.
(vi) The loss of future earning capacity is assessed as
`1,18,800/- (`5,500 X 12 X 18 X 10%).
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12. In view of the same, the total compensation under
various heads is re-assessed as follows:
Sl. Amount Amount
No. Heads awarded by the awarded by
Tribunal (`) this Court (`)
1. Pain and 20,000.00 25,000.00
suffering/grievous
injures
2. Medical expenses 35,000.00 35,000.00
3. Future medical 20,000.00 20,000.00
expenses
4. Attendant charges, 7,000.00 15,000.00
food, nourishment and
conveyance charges
5. Loss of earning during 4,000.00 16,500.00
the period of treatment
6. Loss of amenities 0.00 15,000.00
7. Permanent Disability, 86,400.00 1,18,800.00
future loss of income
Total 1,72,400.00 2,45,300.00
13. Hence, the appellant/claimant is entitled for an
enhancement of `72,900/- rounded off to `73,000/- (`2,45,300
- `1,72,400) together with interest at 6% per annum.
14. In view of aforementioned, the following:
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ORDER
a) MFA No.11859/2012 filed by the
insurer is dismissed;
b) MFA No.1306/2013 filed by the claimant
is party allowed;
c) The Judgment and Award dated
18.09.2012 passed in M.V.C.
No.1304/2011 by the Court of IX
Additional Senior Civil Judge, Small
Causes Court, Bangalore, is modified to
the extent ordered hereinabove. In all
other aspects, the Judgment and Award
of the Tribunal remains unaltered;
d) The appellant in MFA No.1306/2013-
claimant shall be entitled to a further
compensation of `73,000/- together
interest at 6% per annum in addition to
the compensation awarded by the
Tribunal;
e) The amount deposited by the appellant in
MFA No.11859/2012 shall be transmitted
to the Tribunal for disbursement in terms
of award of the Tribunal;
f) The appellant in MFA No.11859/2012-
insurer shall deposit the balance awarded
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by the Tribunal as also the enhancement
awarded by this Court together with
accrued interest within 8 weeks from the
date of receipt of copy of this order
before the Tribunal;
g) Consequent to deposit, the same shall be
disbursed in terms of the award of the
Tribunal;
h) Registry to draw modified decree.
SD/-
JUDGE
HKV
