Karnataka High Court
Mr. Gopal C D vs United India Insurance Co Ltd on 26 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.814 OF 2022 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.815 OF 2022 (MV-I)
IN MFA NO.814/2022:
BETWEEN:
1. SMT. POORNIMA S.
W/O.LATE HARISH K .V
AGED ABOUT 32 YEARS
2. MR.VENKATACHALAIAH
S/O.LATE SAMPANGAIAH
AGED ABOUT 59 YEARS
3. SMT.KENCHAMMA
S/O.VENKATACHALAIAH
AGED ABOUT 53 YEARS
ALL ARE R/AT NO.104
KEMPIAHNAPALYA
Digitally KENCHUGARANHALLI POST
signed by B BIDADI HOBLI AND DISTRICT 562 159
LAVANYA
... APPELLANTS
Location:
HIGH (BY SRI K.T.GURUDEVA PRASAD, ADVOCATE)
COURT OF
KARNATAKA AND:
1. UNITED INDIA INSURANCE CO.LTD.
TP CLAIMS HUB
5TH AND 6TH FLOOR
KRUSHI BHAVAN
HUDSON CIRCLE
BENGALURU 560 001
-2-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
2. MR. MALLIKARJUNA G.
S/O.MAHABALESHWRAPPA
R/AT NO.4, SAPTHAGIRI LAYUT
VEERESH GAS AGENCY
BHOOPASANDRA - 560 094
...RESPONDENTS
(BY SRI SURESH K., ADVOCATE FOR R-1;
R-2 IS SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE
JUDGMENT AND AWARD DDATED 08.11.2021 PASSED IN MVC
NO.6018/2019 BY V ADDITIONAL SMALL CAUSES JUDGE AND
XXIV ACMM AND MEMBER, MACT, MAYO HALL UNIT,
BENGALURU.
IN MFA NO.815/2022:
BETWEEN:
MR.GOPAL C.D.
S/O.D.NALLARADDI
AGED ABOUT 31 YEARS
R/AT BYRAMANGALA CROSS
BIDADI HOBLI
RAMANAGAR TALUK
AND DISTRICT - 562 159
...APPELLANT
(BY SRI K.T.GURUDEVA PRASAD, ADVOCATE)
AND:
1. UNITED INDIA INSURANCE CO.LTD.
TP CLAIMS HUB
5TH AND 6TH FLOOR
KRUSHI BHAVAN
HUDSON CIRCLE
BENGALURU - 560 001
2. MR.MALLIKARJUNA G.
S/O.MAHABALESHWARAPPA
-3-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
R/AT NO.4, SAPTHAGIRI LAYOUT
VEERESH GAS AGENCY
BHOOPSANDRA
BENGALURU - 560 094
...RESPONDENTS
(BY SRI SURESH K., ADVOCATE FOR R-1;
R-2 IS SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE
JUDGMENT AND AWARD DDATED 08.11.2021 PASSED IN MVC
NO.6018/2019 BY V ADDITIONAL SMALL CAUSES JUDGE AND
XXIV ACMM AND MEMBER, MACT, MAYO HALL UNIT,
BENGALURU.
THESE APPEALS ARE COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
COMMON JUDGMENT
Since both the appeals are arising out of the same
accident, they are taken up together for consideration.
2. These two appeals are preferred by the claimants
questioning the judgment and award dated 08.11.2021
passed in MVC.Nos.6018/2019 and 6017/2019
respectively by the Court of V Additional Small Causes
Judge and XXIV ACMM and Member, MACT, Mayo Hall
Unit, Bengaluru (for short, 'the tribunal'). These appeals
are founded on the premise of inadequacy of
compensation awarded by the tribunal.
-4-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
3. Parties to the appeal shall be referred to as per
their status before the tribunal.
4. Brief facts of the case are as under:
On 30.05.2017 at about 8.30 a.m. when
Harish K.V. in MVC.No.6018/2019 as a rider and
Gopal C.D. in MVC.No.6017/2019 as a pillion rider were
proceeding on a motor cycle bearing registration No.KA-
42-U-5763 on Bengaluru-Mysuru Road, Bidadi, near
Sheshagirihalli Village U turn, Ramanagar District, a cab
bearing registration No.KA-03-AB-918 came in a rash and
negligent manner, endangering human life and safety,
without following any traffic rules and dashed against the
said motor cycle. Due to which, both sustained grievous
injuries and immediately, they were shifted to the Hospital
for treatment. The said Harish K.V. succumbed to the
injuries on 09.06.2019 in the Hospital, whereas, the said
Gopal C.D. sustained injuries.
4.1 It is stated that the deceased was hale and
healthy prior to the occurrence of accident and was aged
-5-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
about 29 years. He was working as an operator-cum-milk
vendor and business and earning a sum of Rs.30,000/- per
month. Due to the sudden and untimely death of Harish
K.V., the claimants being the wife and parents, have filed
a claim petition in MVC.No.6017/2019 seeking
compensation.
4.2 It is further stated that the injured claimant,
Gopal C.D was hale and healthy and was aged about 28
years prior to the accident. He was working as a mason
and earning a sum of Rs.1,000/- per day. Due to the
injuries sustained in the accident, he has filed a claim
petition in MVC.No.6018/2019 seeking compensation.
4.3 On service of notice, respondents have filed
written statement denying the claim of the claimants on
the ground that there were three persons travelling in a
two wheeler by violating Motor Vehicles Act and Rules and
Regulations and there is gross negligence on the part of
the person, who was driving the motor cycle contributing
to the accident and they have denied age, avocation,
-6-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
income and the negligence attributed against the driver of
the offending vehicle and sought for dismissal of the claim
petition.
4.4 On the basis of pleadings, the tribunal framed
the relevant issues for consideration.
4.5 In order to substantiate the issues and to
establish the case, the injured claimant in
MVC.No.6017/2019 got examined himself as PW.1,
claimant No.1 being the wife of the deceased Harish K.V.
in MVC.No.6018/2019 got examined as PW.2, the Doctor
as PW.5 and three other witnesses as PWs.3, 4 and 6 and
got marked documents as Exs.P1 to P46. On the other
hand, the respondents got examined a witness as RW.1
and got marked documents as Exs.R1 and R2.
4.6 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.4,56,000/- with interest @ 6% p.a. in
-7-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
MVC.No.6017/2019 and Rs.58,18,000/- with interest @
6% p.a. in MVC.No.6018/2019 and directed respondent
No.1-Insurance Company to pay the compensation within
two months.
4.7 Being aggrieved by the meager compensation
awarded by the tribunal, the injured claimant in
MVC.No.6017/2019 and the claimants in
MVC.No.6018/2019 are before this Court seeking
enhancement of compensation.
5. Learned counsel for claimants submits that the
tribunal has committed an error in awarding meager
compensation, which calls for interference at the hands of
this Court. Hence, he seeks to enhance the compensation.
6. Per contra, learned counsel for Insurance
Company sustains the judgment and award of the tribunal
and contends that the tribunal has rightly awarded just
and reasonable compensation, which does not call for
interference. Hence, he seeks to dismiss the appeal.
-8-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
7. Having heard the learned counsel for the
claimants and learned counsel for Insurance Company and
perused the impugned judgment and award, it is
apparently seen that the Police records produced clearly
depict filing of FIR and laying of chargesheet against the
driver of the offending vehicle, which is not in dispute and
the same is not questioned by the driver of the offending
vehicle. The medical records are produced by the
claimants for the expenditure met during the course of
treatment.
IN MFA.No.814/2022 (MVC.No.6018/2019):
8. Now coming to the age, avocation and income of
the deceased Harish K.V., it is seen that as per Ex.P18,
the deceased was born on 12.05.1990. Therefore, the age
of deceased was 27 years as on the date of occurrence of
accident, the appropriate multiplier would be '17',
whereas, the tribunal has applied the multiplier as 15,
which is incorrect and erroneous. The tribunal has taken
the income at Rs.3,54,500/- p.a. on the basis of Exs.P14,
-9-
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
P29 to P33, added 40% towards future prospects as he
was aged less than 40 years and deducted 1/3rd towards
personal and living expenses, which do not call for
interference and the same are retained. Therefore, the
claimants would be entitled to the compensation of
Rs.56,24,739/- (Rs.3,54,500/- + 40% = Rs.4,96,300/- -
1/3rd = Rs.3,30,867/- x 17) towards loss of dependency
as against Rs.49,62,855/- awarded by the tribunal.
8.1 The tribunal awarded Rs.15,000/- towards loss of
estate and Rs.15,000/- towards funeral and obsequies
ceremonies. In all, Rs.30,000/- is awarded under these
heads, which does not call for interference and the same is
retained. However, 10% escalation for one block period on
the same to be awarded, which would come to
Rs.33,000/- (Rs.30,000/- + 10%).
8.2 The tribunal awarded Rs.1,20,000/- towards loss
of consortium, which does not call for interference and the
same is retained. However, 10% escalation for one block
period on the same to be awarded under this head, which
- 10 -
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
would come to Rs.1,32,000/- (Rs.1,20,000/- +
Rs.12,000/-).
8.3 The tribunal awarded Rs.6,75,000/- towards
medical expenses and Rs.30,000/- towards attendant
charges, food and nourishment expenses, which do not
call for interference and the same are retained.
8.4 In view of the above, the claimants would be
entitled to a total compensation of Rs.64,94,739/- as
against Rs.58,17,855/- as mentioned in the table below:
Heads Amount in Rs.
Loss of dependency 56,24,739-00
Loss of estate and funeral and 33,000-00
obsequies ceremonies
Loss of consortium 1,32,000-00
Medical expenses 6,75,000-00
Attendant charges, food and 30,000-00
nourishment expenses
TOTAL 64,94,739-00
IN MFA.No.815/2022 (MVC.No.6017/2019):
9. Now coming to the age, avocation, income and
disability, the age of the injured claimant was 29 years
and the multiplier is rightly applied by the tribunal at '17',
- 11 -
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
which does not call for interference and the same is
retained. The tribunal has taken the income at Rs.14,000/-
per month, which is in consonance with the Legal Services
Authority chart, which does not call for interference and
the same is also retained.
9.1 PW.5-Doctor has assessed the disability to an
extent of 68% to the left lower limb and 23% to the whole
body. He has deposed that the fractures are united and
there is no muscle power. However, the tribunal has taken
the disability at 10%. I am in agreement with learned
counsel for claimant that the tribunal has committed an
error in taking the disability at 10%. The claimant being
mason and having sustained disability to an extent of 68%
to the left lower limb, it would directly affect his functional
disability. Hence, the disability is taken atleast to an
extent of 20%. Hence, 20% is taken as disability.
Therefore, the claimant would be entitled to the
compensation of Rs.5,71,200/- (Rs.14,000/- x 12 x 17 x
- 12 -
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
20%) towards loss of future income as against
Rs.2,85,600/- awarded by the tribunal.
9.2 The tribunal awarded Rs.50,000/- towards pain
and suffering, Rs.25,000/- towards food and nourishment,
Rs.10,000/- towards conveyance charges, Rs.20,000/-
towards attendant charges and Rs.30,000/- towards future
medical expenses, which do not call for interference and
the same are retained.
9.3 The tribunal awarded Rs.20,000/- towards loss of
amenities. However, this Court deems it appropriate to
award additional amount of Rs.30,000/-. In all,
Rs.50,000/- is awarded under this head.
9.4 The tribunal awarded Rs.15,000/- towards loss of
income during laid up period. However, due to the injuries
sustained, the claimant was inpatient for 26 days and he
would require atleast four months period to recuperate
and to get back to his normal day to day activities.
- 13 -
NC: 2024:KHC:7871
MFA No. 814 of 2022
C/W MFA No. 815 of 2022
Therefore, the claimant would be entitled to Rs.56,000/-
(Rs.14,000/- x 4) under this head.
9.5 In view of the above, the claimant would be
entitled to a total compensation of Rs.8,12,200/- as
against Rs.4,55,600/- as mentioned in the table below:
Heads Amount in Rs.
Pain and suffering 50,000-00
Food and nourishment 25,000-00
Conveyance charges 10,000-00
Attendant charges 20,000-00
Loss of amenities 50,000-00
Loss of income during laid up period 56,000-00
Loss of future income 5,71,200-00
Future medical expenses 30,000-00
TOTAL 8,12,200-00
10. Accordingly, I pass the following:
ORDER
i) Both the appeals are allowed-in-part;
ii) The judgment and award dated 08.11.2021
passed in MVC.Nos.6018/2019 and 6017/2019
respectively by the Court of V Additional Small
Causes Judge and XXIV ACMM and Member,
MACT, Mayo Hall Unit, Bengaluru, are modified;
iii) The claimants in MFA.No.814/2022
(MVC.No.6018/2019) would be entitled to a sum
of Rs.64,94,739/- as against Rs.58,17,855/-;
- 14 -
NC: 2024:KHC:7871
iv) The claimant in MFA.No.815/2022
(MVC.No.6017/2019) would be entitled to a sum
of Rs.8,12,200/- as against Rs.4,55,600/-;
v) The enhanced compensation amount shall be paid
with interest at 6% per annum within a period of
four weeks from the date of receipt of a copy of
this judgment;
vi) All other terms and conditions with regard to
apportionment, Fixed Deposit, payment by the
Insurance Company, so also, release of the
amount as per the ratio stipulated by the tribunal,
are retained;
vii) The original records shall be transmitted to the
jurisdictional tribunal forthwith;
SD/-
JUDGE
LB
