Karnataka High Court
Sri Somu M vs Reliance General Insurance Co Ltd on 22 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:7757
MFA No. 371 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 371 OF 2021 (MV-I)
BETWEEN:
SRI. SOMU M.,
S/O MADHU,
AGED ABOUT 40 YEARS,
RESIDING AT:
DODDA HALAHALLI VILLAGE AND POST,
UYYAMBAALLI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT.
...APPELLANT
(BY SRI. GIRIMALLAIAH.,ADVOCATE)
AND:
1. RELIANCE GENERAL INSURANCE CO. LTD.,
BRANCH OFFICE,
EAST WING 5TH FLOOR,
NO.28, CENTENARY BUILDING,
Digitally signed M G ROAD BENGALURU-560 001.
by AMBIKA H B
BY ITS MANAGER.
Location: HIGH
COURT OF 2. SRI. NAGARAJU,
KARNATAKA
S/O MADAIAH,
MAJOR,
(AGE NOT KNOWN TO THE APPELLANT),
RESIDING AT MAREGOWDANADODDI VILLAGE,
THATTEKERE POST,
MARLAWADI HOBLI, KANAKAPURA TALUK,
RAMANGARA DISTRICT-562 112.
...RESPONDENTS
(BY SRI. LAKSHMINARAYAN C., ADVOCATE FOR R1;
NOITCE TO R2 IS D/W V/O DATED 14.02.2023)
-2-
NC: 2024:KHC:7757
MFA No. 371 of 2021
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 22.09.2020, PASSED IN MVC
NO.4384/2018, ON THE FILE OF THE XX-ADDITIONAL SMALL
CAUSES JUDGE AND ACMM., MACT, BENGALURU (SCCH-22),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
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 29.11.2021 passed by XX Additional
Small Causes Judge and Additional Chief Metropolitan Magistrate
and MACT, Bengaluru (for short 'the Tribunal) in MVC
No.4384/2018. 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.
3. Brief facts of the case are as under;
That on 08.07.2018 at about 6.30 p.m., the claimant was
going by the side of footpath, opposite to Micro Plastic
Company, Harohalli, Kanakapura, at that time motor cycle
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bearing registration No.KA-42-Q-0610 came at high speed on
wrong side of the road in a rash and negligent manner and
dashed against claimant. Due to which he thrown on the road
and sustained severe injuries to his left leg and other parts of
the body. Immediately after accident he was shifted to
Harohalli Government Hospital, done first aid and then shifted
to Sanjay Gandhi Hospital, Bengaluru wherein he was inpatient
and took treatment for 32 days and under gone operation
closed reduction internal fixation. The doctors opined the
injuries are permanent in nature and he shall not involve in any
physical strain work for a minimum period of 6 months. Police
had registered the case in crime No.213/2018 against the rider
of the motor cycle.
3.1 It is stated that claimant was hale and healthy prior to
the occurrence of accident, aged about 41 years and he was
working as owner-cum-driver of Maxi Cab bearing registration
No.KA-42-A-4475 and earning sum of Rs.30,000/- p.m. Due to
the occurrence of accident and injuries sustained, claimant
became disabled to perform his day to day activities. Hence, he
filed a claim petition seeking compensation.
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3.2 On service of notice, respondent No.2 - owner of the
offending vehicle who has placed as Ex parte.
Respondent No.1 - Insurance company appeared through its
counsel and filed statement of objections denying the
averments made in the claim petition including age, avocation
and income and magnitude of the injuries suffered so also the
negligence attributed against the rider of the motor cycle.
Therefore, sought for dismissal of the claim petition.
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, claimant got examined himself as PW.1 and witness as
PW.3 and got marked documents as Exs.P1 to P.14. On the
other hand, casualty medical officer got examined as RW.1 and
two documents marked as Ex.R1 and R2.
3.5. On the basis of materials evidence, both oral and
documentary and on hearing the submissions of learned
counsel for both the parties, tribunal has awarded
compensation of Rs.1,77,000/- with interest @ 6% p.a.
4. Having heard learned counsel for claimant and learned
counsel for respondent - Insurance Company, perused the
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impugned judgment and award, that on 08.07.2018 at about
6.30 p.m., he was going by the side of footpath, opposite to
Micro Plastic Company, Harohalli, Kanakapura, at that time
motor cycle bearing registration No.KA-42-Q-0610 came at
high speed on wrong side of the road in a rash and negligent
manner and dashed against claimant, leading to the accident
and injuries suffered due to the negligence of the rider of the
motor cycle. In order to establish these aspects, the claimant
has produced the documents as Exs.P1 to P14, out of which,
Exs.P1 to Exs.P6 are the police records, which evidence the fact
that FIR is lodged and charge sheet has been laid against the
rider of the motor cycle. In order to establish the medical
expenses, financial expenses and injuries sustained, medical
records are produced at Exs.P7 to P16.
5. Now coming to the question of age, avocation, income
and disability, accident occurred on 08.07.2018, age of the
claimant was 41 years and as said above he was working as
owner-cum-driver of the Maxi Cab and the documents related
to the work are produced at Exs.P12 to P13. However, the
income taken by the tribunal is Rs.9,000/- per month as
notional income it requires to be altered where the claimant
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was driver-cum-owner of the Cab as the documents are also
produced to prove the same and he cannot be relegated as
coolie for awarding the notional income as Rs.9,000/- p.m and
even the income chart of the Legal Service Authority prescribes
the income of Rs.12,500/- for the accident of the year 2018.
Hence, considering the Exs.P12 and P13 and injuries suffered
by the claimant Rs.15,000/- p.m is taken as Income for
consideration. The age of the claimant was 41 years at the
time of accident. The tribunal has rightly applied the multiplier
at '14', which does not call for interference.
6. PW2 - Doctor has opined that the claimant sustained
disability to the particular limb at 20%. It is not in dispute that
the claimant sustained compound fracture to both fibula and
tibia of left leg as per the Ex.P2. The Tribunal has calculated
the disability by dividing 1/3rd of 20% which may not be
correct. However, taking into consideration of the injuries
sustained by the claimant and his avocation, the disability is
required to be taken at 10% as against the 6% taken by the
tribunal. Therefore, the loss of future earning capacity due to
disability would be Rs.2,52,000/- (Rs.15,000 x 12 x 14 x
10%) as against Rs.90,720/- awarded by the tribunal.
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7. Towards pain and suffering the tribunal has awarded a
sum of Rs.20,000/-. It would be appropriate to award an
additional amount of Rs.30,000/- under this head by
considering the nature of injuries suffered by the claimant. In
all, the claimant would be entitled to Rs.50,000/-
(Rs.20,000/- + Rs.30,000/-) under this head.
8. The tribunal has awarded a sum of Rs.35,504/- towards
medical expenses, the same does not call for interference.
9. The tribunal has awarded a sum of Rs.15,000/- towards
food, conveyance and nourishment and other incidental charges
which was on a lower side whereas, the claimant was inpatient
for a period of 32 days. Therefore, it would be appropriate to
award an addition of Rs.17,000/- under this head. In all, the
claimant would be entitled to Rs.32,000/- (Rs.15,000/- +
Rs.17,000/-) under this head.
10. The tribunal has awarded Rs.15,000/- towards loss of
amenities and unhappiness in life. I deem it appropriate to
award additional Rs.25,000/- under this head. In all, the
claimant would be entitled to Rs.40,000/- under this head.
11. Towards loss of income during laid up period, the
tribunal has not awarded any amount under this head. In view
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of the fact, the claimant was impatient for 32 days and his
income was Rs.15,000/- p.m and to get back to his normal day
to day activities claimant would requires atleast four months to
recuperate. Therefore, the claimant would be entitled to
Rs.60,000/- (Rs.15,000 x 4) under this head.
12. In view of the above, the claimants would be entitled
to a total compensation of Rs.4,69,504/- as against
Rs.1,77,000/- as mentioned in the table below:
Heads Amount in Rs.
Loss of Future Earnings 2,52,000-00
Pain and Sufferings 50,000-00
Loss of Amenities 40,000-00
Laid-up period 60,000-00
Food, Nourishment and 32,000-00
Conveyance charges
Medical Expenses 35,504-00
TOTAL 4,69,504-00
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Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 29.11.2021 passed
by Seniro Civil Judge and JMFC, Holenarasipura in
MVC No.1196/2018. is modified;
iii) The claimant would be entitled to a sum of
Rs.4,69,504/- as against Rs.1,77,000/- with
interest at 6% p.a.
iv) The enhanced compensation amount shall be paid
by the respondent - Insurance Company within a
period of four weeks from the date of receipt of a
copy of this order;
v) Registry is directed to transmit the original records
to the Jurisdictional Tribunal;
vi) Entire amount shall be paid in favour of claimant's
account on proper Identification.
Sd/-
JUDGE
THM
