Karnataka High Court
The Manager vs Jeevaram on 16 January, 2024
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NC: 2024:KHC:3094
MFA No. 6536 of 2014
C/W MFA No. 4721 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6536 OF 2014 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4721 OF 2014 (MV-I)
IN MFA No.6536/2014
BETWEEN:
1. JEEVA RAM
S/O CHOLARAM
AGED ABOUT 25 YEARS,
R/AT H.R.KEMPANNA LAYOUT,
DABASPET POST,
DABASPET, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT 562123.
...APPELLANT
(BY SRI. KALYAN R., ADVOCATE)
AND:
Digitally
signed by 1. NARAYANAPPA
BHARATHI S S/O GIRIYAPPA
Location:
HIGH COURT AGED MAJOR,
OF R/AT NO.2, K.G.KRISHNARAJPURA,
KARNATAKA
T.BEGUR POST, KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT 562123.
2. THE MANAGER
RELIANCE GENERAL INSURANCE CO.LIMITED.,
5TH FLOOR, CENTENARY BUILDING,
NO.28, M.G.ROAD,
BANGALORE-560 001
...RESPONDENTS
(BY SRI. H N KESHAVA PRASHANTH, ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH V/O DTD 09.02.2015)
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MFA No. 6536 of 2014
C/W MFA No. 4721 of 2014
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.1.2014 PASSED IN MVC
NO.6725/2011 ON THE FILE OF THE 7TH ADDITIONAL SMALL
CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-3,
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.4721/2014
BETWEEN:
1. THE MANAGER
RELIANCE GENERAL INSURANCE CO LTD.,
NO.28, 5TH FLOOR,
CENTENARY BUILDING,
M.G.ROAD, BANGALORE-1
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. JEEVARAM
S/O CHOLARAM,
NOW AGED ABOUT 24 YEARS,
R/AT H.R.KEMPAMMA LAYOUT,
DOBASPET POST, DOBESPET,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT-562123
2. NARAYANAPPA
S/O GIRIYAPPA MAJOR,
NO.2, K.G.KRISHNAJAPURA,
T.BEGUR POST, KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT-562123
...RESPONDENTS
(BY SRI. R KALYAN., ADVOCATE FOR R1
R2 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.01.2014 PASSED IN MVC
NO.6725/2011 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES
JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE,
AWARDING COMPENSATION OF Rs.3,53,020/- WITH INTEREST @
8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
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MFA No. 6536 of 2014
C/W MFA No. 4721 of 2014
THESE APPEALS, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.4721/2014 is filed by the insurer and MFA
No.6536/2014 is filed by the claimant. In both the appeals the
judgment and award passed dated 21.1.2014 passed in MVC
No.6725/2011 on the file of the 7th Additional Small Causes
Judge, Court of Small Causes, Member, MACT-3, Bangalore1, is
challenged. Hence, both the appeals are taken up together for
consideration.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The relevant facts necessary for consideration of
the above appeals are that on 27.10.2011 when the claimant
was walking on the road, a tipper lorry hit the claimant causing
the accident in question. Claiming compensation for the
injuries sustained in the said accident, the claim petition was
filed arraying the owner and insurer of the tipper lorry as
respondents. The insurer entered appearance in the said
proceedings and contested the same.
Hereinafter referred to as the 'Tribunal'
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4. The claimant examined himself as PW.1 and
examined two doctors as PWs.2 and 3. Exs.P1 to P127 were
marked in evidence. On behalf of respondents, the Assistant
RTO was examined as RW.1, the official of the insurer as RW.2
and the Assistant RTO, Tumakuru, as RW.3. Exs.R1 to R5 were
marked in evidence. The Tribunal by its judgment and award
dated 21.1.2014 has allowed the claim petition and awarded a
compensation of `3,53,020/- together with interest at 8% pa
and directed the second respondent - insurer to pay the
compensation awarded. Being aggrieved, the above appeals
are filed.
5. Learned counsel for the insurer vehemently
contends that the finding of the Tribunal is erroneous in view of
the fact that as on the date of the accident the driver of the
lorry was not authorized to drive a Heavy Transport Vehicle
(HTV).
6. Per contra, learned counsel for the claimant
justified the finding recorded by the Tribunal on liability and
further sought for enhancement of compensation awarded.
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7. The submissions of both the learned counsel have
been considered and the material on record including the
records of the Tribunal have been perused. The questions that
arise for consideration are:
i) Whether the finding recorded by the Tribunal on liability
is erroneous and liable to be interfered with?
ii) Whether the quantum of compensation is required to be
enhanced?
Re.question No.(i):
8. The insurer has raised a specific defence in the
claim proceedings that the driver of the vehicle in question did
not have a valid and effective driving licence, inasmuch as he
was not authorized to drive a HTV as on the date of the
accident.
9. It is forthcoming that the accident occurred on
27.10.2011. The extract of the licence (Ex.R2) discloses that
the driver was authorized to drive a Light Motor Vehicle (LMV)
for the period 10.6.2005 and 9.6.2025 and he was authorized a
HTV from 20.6.2007 to 19.6.2010. It is further forthcoming
from Ex.R5 that the licence to drive the HTV was renewed on
5.4.2012 up to 30.10.2014.
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10. In view of the same, it is not as if that the driver of
the vehicle in question did not have a driving licence at all. It is
clear that he was duly authorized to drive the vehicle prior to
the date of the accident and subsequently, the said licence has
been renewed after the accident. Hence, having regard to the
judgment of the Hon'ble Supreme Court in the case of
National Insurance Co. Ltd., v. Swaran Singh and others 2
it is just and proper that the second respondent - insurer be
directed to pay the compensation awarded, with liberty to
recover the same from the owner of the vehicle. Hence, the
finding of the Tribunal with regard to liability is required to be
modified to the said extent. Accordingly, question No.(i)
framed for consideration is answered in the affirmative.
Re. question No.(ii):
11. With regard to the quantum of compensation, it is
forthcoming that the claimant sustained fracture of shaft of the
left femur, lateral condoyle fracture of the right femur and the
said injuries are grievous in nature. The claimant has
contended that he was a salesman earning `7,000/- pm., and
the salary certificate has been marked as Ex.P54. Despite the
(2004) 3 SCC 297
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same, the Tribunal having recorded a finding that nothing
significant has been elicited in the cross-examination, assessed
the income at `6,000/- pm. The Tribunal having recorded that
nothing significant is elicited in the cross-examination, the
Tribunal ought to have assessed the income at `7,000/- pm.
Accordingly, the income of the claimant is re-assessed at
`7,000/- pm.
12. It is forthcoming that the claimant took treatment
as an inpatient from 27.10.2011 to 7.11.2011 ie., for a period
of 11 days. It is forthcoming that he was once again admitted
on 22.9.2012 and discharged on 24.9.2012. Hence, the total
period for which the claimant was treated as an inpatient is 14
days. The doctor was has been examined as PW.3 has stated
the whole body disability as 17%. However, the same has
been re-assessed as 12% by the Tribunal, which is just and
proper.
13. In view of the aforementioned, the compensation
awarded by the Tribunal is re-assessed as follows:
13.1 The Tribunal has awarded a sum of `50,000/-
towards pain and agony, which is just and proper.
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13.2 The Tribunal has awarded a sum of `8,500/-
towards medical expenses which is just and proper and the
same is rounded off to `10,000/-.
13.3 The Tribunal has awarded loss of income during laid
up period for one month. Having regard to the nature of
injuries sustained and the period of treatment, the laid up
period is taken as two months and accordingly, the loss of
income during laid up period is re-assessed as (`7,000/-x2)
`14,000/-.
13.4 The Tribunal has awarded a sum of `6,000/-
towards attendant charges and `12,000/- towards conveyance
and nutritious food, etc. The compensation on the said heads
is re-assessed at `25,000/-.
13.5 The Tribunal has awarded a sum of `15,000/-
towards loss of amenities. Having regard to the nature of
injuries sustained and the resultant disability, the same is re-
assessed at `20,000/-.
13.6 The loss of future income is re-assessed at
(`7,000/-x12x18x12%) `1,81,440/-, which is rounded off to
`1,82,000/-.
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14. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl.No. Heads Amount awarded Amount
by the Tribunal awarded by
(`) this Court
(`)
1. Pain and agony 50000.00 50000.00
2. Medical expenses 108500.00 110000.00
3. Attendant charges - 18000.00 25000.00
`6000/-,
Food and nourishment
and conveyance
charges `12000/-
4. Loss of earning during 6000.00 14000.00
the period of treatment
6 Loss of amenities 15000.00 20000.00
7 Permanent Disability, 155520.00 182000.00
future loss of income
Total 353020.00 401000.00
15. Hence, the claimant is entitled for enhanced
compensation of `47,980/- (`401000 - `353020) together with
interest at 6% p.a. Accordingly, question No.(ii) is answered in
the affirmative.
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16. In view of the aforementioned, the following:
ORDER
i) The appeals are allowed in part;
ii) The judgment and award dated 21.1.2014 passed
in MVC No.6725/2011 on the file of the 7th
Additional Small Causes Judge, Court of Small
Causes, Member, MACT-3, Bangalore, is modified to
the extent stated herein. In all other respects, the
judgment and award of the Tribunal remains
unaltered;
iii) The Appellant in MFA No.6536/2014 - claimant is
entitled to enhanced compensation of `47,980/-
with interest at 6% per annum from the date of
petition till its realization in addition to the
compensation awarded by the Tribunal.
iv) The Appellant in MFA No.4721/2014 - Insurer is
directed to deposit the compensation awarded by
the Tribunal as well enhanced in the present
appeals together with accrued interest with liberty
to recover the same from the owner of the vehicle.
v) The amount in deposit in MFA No.4721/2014 be
transmitted to the Tribunal. The insurer shall
deposit the balance amount together with accrued
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interest within six weeks from the date of receipt of
a copy of this judgment;
vi) The Registry to draw the modified award
accordingly.
No costs.
Sd/-
JUDGE
ND
