Karnataka High Court
Smt. Shahida @ Shabana Taj vs M/S Iffco Tokio General Insurance Co. ... on 14 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:6371
MFA No. 8414 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 8414 OF 2022 (MV-I)
BETWEEN:
SMT. SHAHIDA @ SHABANA TAJ
W/O SYED MUSTAHEED,
AGED ABOUT 41 YEARS,
R/AT NO.338/G, 10TH CROSS,
ILIYAS NAGAR,
BENGALURU SOUTH,
J P NAGAR,
BENGALURU - 560 078.
...APPELLANT
(BY SRI. GURUDEV PRASAD K T.,ADVOCATE)
AND:
1. M/S IFFCO TOKIO GENERAL INSURANCE CO. LTD,
T P CLAIMS HUB,
Digitally signed
SRI SHANTHI TOWER,
by GAYATHRI P NO.141, 5TH FLOOR,
G 3RD MAIN ROAD,
Location: High EAST TO NGEF LAYOUT,
Court of
Karnataka KASTURINAGAR, K R PURAM,
BENGALURU - 560 043.
2. SMT MANJUSHRI DHAR CHAUDHURI,
W/O RANJITH DHAR CHAUDHURI,
PLOT NO.NB-406,
SAPTHAGIRI NIVAS, 23 A MAIN,
NEAR ROYAL HIGH SCHOOL,
A N REDDY LAYOUT,
K P NAGAR 6TH PHASE,
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NC: 2024:KHC:6371
MFA No. 8414 of 2022
BENGALURU SOUTH, J P NAGAR
BENGALURU - 560 078.
...RESPONDENTS
(BY SRI. S KRISHNA KISHORE .,ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED
06.12.2023;)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC NO.
1770/2021 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, COURT OF SMALL CAUSES, C/c XXII ADDITIONAL
SMALL CAUSES JUDGE, ACMM, MEMBER, MACT, BENGALURU
(SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the claimant challenging the
judgment and award dated 30.09.2022 passed by Motor
Accident Claims Tribunal, Bengaluru (for short 'the Tribunal') in
MVC.No.1770/2021. This appeal is founded on the premise of
inadequacy of compensation. Hence, the appellant seeks
enhancement of compensation.
2. Parties to the appeal shall be referred to as per their
status before the Tribunal.
NC: 2024:KHC:6371
3. Brief facts of the case are as under:
The claimant was proceeding in Autoricksha bearing
registration No.KA-02-AD-9584 on 14.02.2021 as a passenger.
When the Autoricksha reach near MC Halli village, Sarjapura -
Chikka Tirupathi road, SarjapuraHobli, Bangalore, at that time
one Maruti Alto car bearing registration No.WB-02-W-1269
came in a rash and negligent manner and dashed against the
Autoricksha. Due to which the claimant fell down and suffered
serious injuries for nose, head and other parts of the body. She
has immediately shifted to St.Jhon's Hospital, Bangalore where
she was admitted as inpatient. She sustained maxilla and
nasal bone fracture and forehead laceration and she spent more
than Rs.2,00,000/- towards medical treatment and
miscellaneous expenses.
3.1. Prior to the accident, claimant was hale and healthy
and was working as a "Tailor". Due to the injuries sustained in
the accident she has been disabled and unable to continue her
work as she was doing prior to the occurrence of accident.
Hence, due to the injury suffered, loss of financial income and
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future prospects, she has filed claim petition seeking
compensation.
3.2. On service of notice, respondent No.2 is placed ex-
parte. Respondent No.1 filed statement of objections, denying
the claim of the claimant including age, avocation, income and
the negligence attributed as against the driver of the Car and
pleaded that the claimant and owner of the offending vehicle as
filed a false case to make a unlawful gain.
3.3. On the basis of pleadings, the tribunal framed
relevant issues for consideration.
3.4. In order to substantiate the issues and to establish
the case, the claimant got examined himself as PW.1 and
another as PW.2 and got marked documents as Exs.P1 to P18.
On the other hand, respondents did not adduce evidence.
3.5.On the basis of material evidence, both oral and
documentary and on hearing the submissions of learned
counsel for both parties, the tribunal awarded compensation of
Rs.3,39,800/- with interest @ 6% p.a. from the date of petition
till the date of depositing the amount and also held that the
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respondent No.1 - Insurance Company is liable to pay the
compensation to the claimant and directed to deposit the
compensation amount with interest within sixty days.
3.6. Being aggrieved by the meagre compensation
awarded by the tribunal, the claimant is before this Court
challenging the impugned judgment and award.
4. The main contention of the learned counsel for
appellant-claimant is that, the tribunal has committed an error
in awarding meagre compensation, which calls for interference
at the hands of this Court. Accordingly, he seeks enhancement
of compensation.
5. Per contra, learned counsel for respondent-Insurance
Company submits that the tribunal has rightly awarded just and
reasonable compensation, which does not call for interference.
Therefore, on these grounds, he seeks to dismiss the appeal.
6. Having heard learned counsel for claimant and learned
counsel for respondent-Insurance Company perused the
impugned judgment and award of the tribunal. Documents said
Exs.P1 to P6 is the police records, which depicts filing of FIR
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and charge sheet against the driver of the Car. Exs.P7 to P18 is
the medical records along with police intimation and MLC
register extract. These medical records show the medical
treatment expenditures met by the claimant and injury
sustained by her due to the occurrence of the accident. On
careful perusal of this police records it is evident that
negligence is rightly attributed as against the driver of the
offending vehicle.
7. Now coming to the aspect of age, avocation, income
and disability of the claimant, as on the date of occurrence of
accident, the claimant was aged about 46 years on the basis of
Ex.P9. In view of there being no proof of income produced and
notional income of Rs.15,000/- p.m as taken, which does not
call for interference as it is prescribed in the Legal Service
Authority chart, same is retained.
8. PW.2-Doctor has opined that the claimant sustained
disability to an extent of 15%. The tribunal has failed to take
disability into account for awarding future loss of income. In
view of the claimant being aged 46 years the appropriate
multiplier would be '13'. Therefore, the loss of future income
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due to disability would be Rs.3,51,000/-(Rs.15,000/- x 12 x
13 x 15%).
9. Towards pain and suffering, the tribunal awarded
Rs.45,000/-. Therefore, this Court deems it appropriate to
award additional amount of Rs.20,000/-. In all, the claimant
would be entitled to Rs.65,000/- under this head.
10. Towards medical expenses a sum of Rs.1,85,720/-
is awarded on the basis of actual bills produced by the
claimant. Same is retained.
11. Towards loss of income during laid up period, the
tribunal has awarded Rs.15,000/-. The claimant would require
atleast four months period to recuperate and to get back to his
normal day to day activities. Therefore, the claimant would be
entitled to Rs.60,000/- (Rs.15,000/- x 4) under this head.
12. Towards loss of amenities and happiness, the
tribunal awarded Rs.17,000/-. Therefore, this Court deems it
appropriate to award additional amount of Rs.33,000/-. In all,
the claimant would be entitled to Rs.50,000/- under this
head.
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13. Towards food, attendant, nourishment and
miscellaneous tribunal has awarded Rs.17,000/-. Same is
retained in view of claimant being inpatient for 8 days.
14. Towards future medical expenses for surgery, the
Doctor has opined that the claimant would require
Rs.3,00,000/-, whereas, tribunal has awarded Rs.60,000/-.
However, looking to the aspect that the opinion expressed by
PW.2 - Assistant Professor in the St. John's Hospital involved in
the field of plastic surgery and reconstructive surgery.
Therefore, he has opined that Rs.3,00,000/- is required. The
tribunal set aside the version of cost of Rs.3,00,000/- by taking
into consideration that the ENT specialist has not provided any
bill with regard to the requirement of the plastic surgery on the
cost. Nevertheless, considering the fact that the major injury
has been caused to the nose which may require plastic surgery
for the claimant to get back to a original shape or position of
the nose. This Court deems it appropriate to award
Rs.1,00,000/- as against Rs.60,000/-.
15. In view of the above, the claimant would be entitled
to a total compensation of Rs.8,28,720/- along with interest
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at 6% p.a as against Rs.3,39,720/- as mentioned in the table
below:
Head Amount in Rs.
Loss of future income Rs.3,51,000-00
Pain and suffering Rs.65,000-00
Loss of Amenities Rs.50,000-00
Loss of income during laid up Rs.60,000-00
period
Food, conveyance and Rs.17,000-00
attendant charges
Medical expenses Rs.1,85,720-00
Future medical expenses Rs.1,00,000-00
TOTAL Rs.8,28,720-00
16. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 30.09.2022 passed
by Motor Accident Claims Tribunal Court of Small
Causes, Bengaluru in MVC.No.1770/2021 is
modified;
iii) The claimant would be entitled to a sum of
Rs.8,28,720/- as against Rs.3,39,720/-. The
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NC: 2024:KHC:6371
claimant would be entitled to an interest at 6% per
annum;
iv) The enhanced compensation amount shall be paid
with interest @ 6% p.a. within a period of four
weeks from the date of receipt of a copy of this
order;
v) The enhanced compensation amount shall be
released in favour of the claimant, upon proper
verification.
vi) All other terms and conditions stipulated by the
tribunal shall stand intact.
Sd/-
JUDGE
AM
