Karnataka High Court
Sri S Mahesh vs Liberty General Insurance Company Ltd on 22 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:7636
MFA No. 62 of 2023
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.62 OF 2023 (MV-I)
BETWEEN:
SRI S.MAHESH
S/O.B.SAMPANGIRAMACHARI
AGED ABOUT 38 YEARS
RESIDING AT NO.430
7TH CROSS, 7TH MAIN
NEAR 15TH 'F' BUS STOP
K.S.LAYOUT, II STAGE
BENGALURU- 560 078
...APPELLANT
(BY SRI GIRIMALLAIAH, ADVOCATE)
AND:
1. LIBERTY GENERAL INSURANCE
COMPANY LTD.
NO.21-5, 4TH FLOOR, LAND MARK
30 NEAR TRINITY METRO STATION
M.G.ROAD
BENGALURU-560 001
Digitally BY ITS MANAGER
signed by B
LAVANYA
Location: 2. SRI ABHISHEK J.G.
HIGH S/O.GOPALAGOWDA C.
COURT OF MAJOR
KARNATAKA R/AT GOOLIGANAHALLI VILLAGE
S.B.HALLI POT
KOLAR TALUK AND DISTRICT -563 103
...RESPONDENTS
(BY SRI RAVI S.SAMPRATHI, ADVOCATE FOR R-1;
R-2 IS SERVED)
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NC: 2024:KHC:7636
MFA No. 62 of 2023
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 18.10.2022 PASSED IN MVC
NO.2301/2021 BY XIV ADDITIONAL SMALL CAUSES JUDGE,
ACMM, MEMBER-MACT, BENGALURU. [[
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 18.10.2022
passed in MVC.No.2301/2021 by the Court of XIV
Additional Small Causes Judge and ACMM, Member-MACT,
Bengaluru (for short 'the tribunal'). The appeal is preferred
on the premise of inadequate and meager compensation
awarded by the tribunal.
2. Though the matter is listed for admission, with
consent of learned counsels for parties, the same is taken
up for final disposal.
3. Parties to the appeal shall be referred to as per
their status before the tribunal.
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4. Brief facts of the case is as under:
On 15.03.2021 at about 3.45 p.m., the claimant was
proceeding on a motor bike bearing registration No.KA-05-
JE-0332 and when he reached near 21st Main Road, 9th
Cross Road junction, J.P.Nagara, 2nd Phase, Bengaluru, the
rider of Royal Enfield motor cycle bearing registration
No.KA-07-ED-5427 rode the same in a rash and negligent
manner and dashed against the motor cycle of the
claimant. Due to which, the claimant fell down and
sustained grievous injuries. He was immediately shifted to
Rajashekar Hospital, wherein he has taken first aid
treatment and thereafter, shifted to Sanjay Gandhi
Hospital, wherein he has taken treatment as an inpatient
and underwent surgery.
4.1 It is stated that the claimant was hale and
healthy prior to the occurrence of accident. He was
working as a Lab Technician and earning Rs.25,000/- per
month. Due to the injuries sustained in the accident, the
claimant filed a claim petition seeking compensation.
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4.2 On service of notice, respondents appeared
through their counsels and filed their written statement,
denying the claim made by the claimant including age,
avocation, income and negligence attributed against the
rider of the offending motor bike and pleaded that the
rider of the motor bike did not have a valid and effective
Driving Licence and sought for dismissal of the claim
petition.
4.3 On the basis of pleadings, the tribunal framed
relevant issues for consideration.
4.4 In order to substantiate the issue and to
establish the case, the claimant got examined himself as
PW.1, a witness as PW.2 and the Doctor as PW.3 and got
marked documents as Exs.P1 to P23. On the other hand,
respondents examined witnesses as RWs.1 to 3 and got
marked documents as Exs.R1 to R6.
4.5 On the basis of material evidence produced by
the parties, the tribunal awarded the compensation of
Rs.4,58,756/- with interest @ 6% p.a.
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4.6 Being aggrieved by the meager compensation
amount awarded by the tribunal, the claimant is before
this Court seeking enhancement of compensation.
5. It is the vehement contention of learned counsel
for appellant-claimant that the tribunal has committed an
error in awarding meager compensation, which calls for
interference at the hands of this Court. Hence, he seeks
enhancement of the compensation awarded by the
tribunal.
6. Per contra, learned counsel for respondent-
Insurance Company vehemently contends that there is no
error or illegality committed by the tribunal, as the
tribunal has awarded just and reasonable compensation
based on the material evidence placed on record. Hence,
he seeks for dismissal of the appeal.
7. Having heard learned counsel for appellant-
claimant and respondent-Insurance Company and perused
the impugned judgment and award, Exs.P1 to P7, the
NC: 2024:KHC:7636
Police records, which clearly depict filing of FIR and laying
of chargesheet against the rider of the offending motor
bike, which is not disputed or challenged. Exs.P8 to P23
are the medical records, medical prescriptions and bills for
having incurred financial expenditure towards treatment.
This clearly goes to show that the negligence has been
rightly attributed against the rider of the offending motor
bike.
8. Now coming to the age, avocation, income and the
disability to be computed, the tribunal has taken the
income of Rs.13,000/- per month, despite production of
salary certificate at Ex.P11. However, the author of the
same has not been examined. Hence, the Legal Services
Authority chart prescribes the notional income of
Rs.15,000/- for the accident of the year 2021 and
accordingly, the same is taken in this case. The age of the
claimant is 36 years as on the date of occurrence of
accident. The appropriate multiplier applied by the tribunal
is '15', which does not call for interference and the same is
NC: 2024:KHC:7636
retained. PW.3-Doctor has assessed the disability of 45%
to the right lower limb and 15% to the whole body.
However, the tribunal has taken the disability at 10%,
which is not correct. Hence, I agree with learned counsel
for claimant that the disability has to be taken at 15%,
considering the injuries sustained by the claimant in
consonance with his avocation, accordingly, it is taken as
15%. Therefore, the claimant would be entitled to the
compensation of Rs.4,05,000/- (Rs.15,000/- x 12 x 15 x
15%) towards loss of future income due to disability as
against Rs.2,34,000/- awarded by the tribunal.
9. The tribunal awarded Rs.30,000/- towards pain
and suffering. However, this Court deems it appropriate to
award additional amount of Rs.20,000/-. In all,
Rs.50,000/- is awarded under this head.
10. The tribunal awarded Rs.20,000/- towards loss of
amenities. However, this Court deems it appropriate to
award additional amount of Rs.15,000/-. In all,
Rs.35,000/- is awarded under this head.
NC: 2024:KHC:7636
11. The tribunal awarded Rs.13,000/- towards
attendant, food, nourishment and conveyance charges,
which does not call for interference and the same is
retained.
12. The tribunal awarded Rs.26,000/- towards loss
of income during laid up period. In view of this Court
enhancing the income from Rs.13,000/- to Rs.15,000/-,
the claimant would require atleast three months period to
recuperate and to get back to his normal day to day
activities. Therefore, the claimant would be entitled to
Rs.45,000/- (Rs.15,000/- x 3) under this head.
13. The tribunal awarded Rs.1,25,756/- towards
medical expenses, which does not call for interference and
the same is retained.
13. The tribunal awarded Rs.10,000/- towards future
medical expenses. However, this Court deems it
appropriate to award Rs.15,000/- under this head.
NC: 2024:KHC:7636
14. In view of the above, the claimant would be
entitled to a total compensation of Rs.6,88,756/- as
against Rs.4,58,758/- as mentioned in the table below:
Heads Amount in Rs.
Loss of income on account of 4,05,000-00
disability
Pain and suffering 50,000-00
Loss of amenities 35,000-00
Nourishment, conveyance and 13,000-00
attendant charges
Loss of income during laid up period 45,000-00
Medical expenses 1,25,756-00
Future medical expenses 15,000-00
TOTAL 6,88,756-00
15. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 18.10.2022
passed in MVC.No.2301/2021 by the Court of
XIV Additional Small Causes Judge and ACMM,
Member-MACT, Bengaluru, is modified;
iii) The claimant is entitled to a total compensation
of Rs.6,88,756/- as against Rs.4,58,756/-
awarded by the tribunal;
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NC: 2024:KHC:7636
iv) The tribunal has held that respondent Nos.1
and 2 are jointly and severally liable to pay the
compensation and directed the Insurance
Company to pay the compensation and recover
the same from the owner of the offending
vehicle. The same retained;
v) The enhanced compensation amount shall be
paid with interest @ 6% p.a. by the
respondent-Insurance Company within a period
of four weeks from the date of receipt of a copy
of this order;
vi) The compensation amount shall be released in
favour of the appellant-claimant upon proper
verification;
vii) All other terms and conditions stipulated by the
tribunal shall stand intact.
Sd/-
JUDGE
LB
