Karnataka High Court
Sri Mahabbat S K vs Hdfc Ergo General Insurance Company Ltd on 26 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:7940
MFA No. 7 of 2023
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. 7 OF 2023 (MV-I)
BETWEEN:
SRI MAHABBAT S. K.,
S/O NAJIMUDDIN S. K.,
NOW AGED ABOUT 24 YEARS,
AT PANPIA, DHULAURI-DOMKAL,
MORSHIDABAD, WEST BENGALAL-742 308.
ALSO AT: C/O MTB BRICKS,
RAILWAY STATION CIRCLE,
HOSUR ROAD, INDIRANGARA,
MALUR, KOLAR DISTRICT-563 102.
...APPELLANT
(BY SRI. CHANDRASHEKARAIAH B.,ADVOCATE)
AND:
1. HDFC ERGO GENERAL INSURANCE COMPANY LTD.,
Digitally signed OFFICE AT NO. 25/1, BUILDING NO.2,
by AMBIKA H B
SHANKARANARAYANA BUILDING, M.G. ROAD,
Location: HIGH
COURT OF BENGALURU-560 001.
KARNATAKA BY ITS MANAGER.
2. SRI. JIYARUL MANDAL,
S/O SAMSER MANDAL,
(AGE OF R 2 NOT KNONW TO APPELLANT),
NO.10, ADARSHA NAGAR,
MALUR, MALUR TALUK,
KOLAR DISTRICT-563 102.
...RESPONDENTS
(BY SRI. PRADEEP B.,ADVOCATE FOR R1;
NOTICE TO R2 D/W V/O DATED 06.01.2023)
-2-
NC: 2024:KHC:7940
MFA No. 7 of 2023
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.07.2022 PASSED IN MVC
NO.4720/2019 ON THE FILE OF THE VII ADDITIONAL SCJ
AND ACMM, MEMBER, MACT-3, BENGALURU, 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 02.07.2022 passed by Motor
Accident Claims Tribunal Court of Small Causes, Bengaluru (for
short 'the Tribunal') in MVC No.4726/2019. 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 21.07.2019 at about 06.15 a.m when the
petitioner was proceeding as Cleaner in Tata Canter bearing
No.KA-19-C-4557, near Seethanayakanahalli Village, the driver
of Canter vehicle drove the same in rash and negligent manner
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with high speed and dashed to the Lorry bearing No.TN-34-W-
2318 which was coming from Hosur Road towards Malur. Due
to this the petitioner had sustained grievous injuries. Later the
petitioner had taken to Government hospital, Malur where he
took first aid treatment and then shifted to Bowring and Lady
Curzon hospital, Bengaluru and admitted as inpatient for 15
days. The claimant has spent huge amount towards treatment
and incidental expenses.
3.1 It is stated that the claimant spent Rs.2,00,000/- for
medical treatment and other expenses and the claimant was
hale and healthy prior to the occurrence of accident, aged
about 20 years and he was working as a cleaner and earning a
sum of Rs.15,000/- per month. 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 enhancement.
3.2 On service of notice, respondent No.2 - owner of the
offending vehicle remained absent. Respondent No.1 -
Insurance Company appeared through its counsel and filed
statement of objections denying the averments made in the
claim petition including the age, avocation, income and
magnitude of the injuries suffered so also the negligence
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attributed against the driver of the Canter vehicle. Therefore,
sought for dismissal of the claim petition on basis of reasons
assigned in the objections.
3.3 On the basis of pleadingly, 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 PW1 and witnesses
examined as PW2 and PW3 and got marked documents as
Exs.P1 to P25. On the other hand, respondent marked
witnesses as R.W.1 and R.W.2 and got marked documents as
Ex.R.1 to R.5.
3.5 On the basis of materials evidence, both oral and
documentary and on hearing the submission of learned counsel
for both the parties, tribunal has awarded compensation of
Rs.4,13,571/- with interest @ 6% p.a. and respondent No.1 -
Insurance Company was directed to pay the compensation.
Being dissatisfied with the meager compensation, claimant
before this Court for seeking enhancement.
4. Having heard learned counsel for appellant and learned
counsel for respondent - Insurance Company, perused the
impugned judgment and award, it is not in dispute that on
21.07.2019 at about 06.15 a.m when the petitioner was
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proceeding as Cleaner in Tata Canter bearing No.KA-19-C-
4557, near Seethanayakanahalli Village, the driver of Canter
vehicle drove the same in rash and negligent manner with high
speed and dashed to the Lorry bearing No.TN-34-W-2318
which was coming from Hosur Road towards Malur. Due to this
the petitioner had sustained grievous injuries. In order to
establish these aspects, the claimant has produced the
documents as Exs.P1 to P25 which are the police records and
medical records of the claimant. The police records clearly
depicts the FIR and Charge Sheet laid against the driver of the
offending vehicle. Hence, negligence is rightly established by
the driver of the offending vehicle.
5. Now coming to the question of age, avocation, Income
and disability for awarding the compensation, age of the
claimant was 20 years as on the date of occurrence of accident.
The appropriate multiplier would be '18' which is correctly
taken by the tribunal. PW4 - Doctor has opined that the
claimant disability to the limb at 41% and to the whole body at
14% and he has admitted that malleolus fracture can be
caused while driving the vehicle. The tribunal not believed the
version of the doctor in its entirety and awarded disability at
10% to the whole body. The claimant questioned the same to
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be on the lower side. On perusal of records considering the
age, avocation and Income of the claimant, I am of the opinion
that the disability requires to be enhanced to 12%. Hence, the
disability is taken at 12% as against 10% taken by the tribunal.
The income taken by the tribunal Rs.14,000, the same is
retained. Therefore, loss of future earning capacity due to
disability would be Rs.3,62,880/- (Rs.14,000/- x 12 x 18 x
12%) as against Rs.3,02,400/- awarded by the tribunal.
8. The tribunal has awarded a sum of Rs.25,000/-
towards pain and suffering and Rs.8,171/- towards medical
expenses, as per Exs.P11 and P12, the same is retained.
9. Towards loss in income during laid up period, the
tribunal has awarded Rs.28,000/-. In view of enhancement of
income this Court awards Rs.14,000/- per month under this
head and 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.42,000/- (Rs.14,000 x 3) under this head.
10. The tribunal has awarded a sum of Rs.20,000/-
towards loss of amenities, nutritious food. Hence, Rs.35,000/-
is awarded under this head.
NC: 2024:KHC:7940
11. Tribunal has awarded a sum of Rs.10,000/- towards
attendant charges and conveyance. Hence, Rs.15,000/- is
awarded under this head.
12. Towards future medical expenses, the tribunal has
awarded Rs.20,000/- as the claimant was impatient for 15
days. The same is retained.
13. In view of the above, the claimants would be entitled
to a total compensation of Rs.5,08,051/- as against
Rs.4,13,571/- as mentioned in the table below:
Heads Amount in Rs.
Loss of Future Earnings 3,62,880-00
Pain and Sufferings 35,000-00
Loss of Amenities, nutritious 25,000-00
food
Laid-up period 42,000-00
Conveyance and attendant 32,000-00
charges
Medical Expenses 8,171-00
Future medical expenses 20,000-00
TOTAL 5,08,051-00
NC: 2024:KHC:7940
Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 02.07.2022 passed by
Motor Accident Claims Tribunal Court of Small Causes,
Bengaluru in MVC No.4726/2019 is modified;
iii) The claimant would be entitled to a sum of Rs.5,08,051/-
as against the Rs.4,13,571/- with interest 6% p.a;
iv) The enhanced compensation amount shall be paid by the
respondent - Insurance Company with interest @ 6% p.a
within a period of four weeks from the date of receipt of
this order;
v) Entire amount shall be released in favour of the claimant
on proper Identification.
Sd/-
JUDGE
THM
