Karnataka High Court
Sri M Srinivasappa vs The General Manager on 3 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:301
MFA No. 5375 of 2018
C/W MFA No. 5374 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.5375 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.5374 OF 2018 (MV-D)
BETWEEN:
SRI M. SRINIVASAPPA
S/O.LATE MUNIVENKATAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT ABBANI HARIATI VILLAGE,
KOLAR DISTRICT-563 101.
...APPELLANT
(BY SRI. R V SHIVANANDA REDDY, ADVOCATE)
AND:
1. THE GENERAL MANAGER
BHARATI AXA GEN. INS. CO. LTD.,
1ST FLOOR, FERNS ICON,
SURVEY NO.28, DODDAKUNDI,
BENGALURU - 560 037.
Digitally signed by
RAMYA D 2. SRI SRINIVASA GOWDA G N
Location: HIGH COURT MAJOR,
OF KARNATAKA
RESIDING AT NO.1264,
KURUBARPET,
KOLAR-563 101.
...RESPONDENTS
(BY SRI. PRADEEP B, ADVOCATE FOR R1;
R2- V/O DATED 23.09.2023 NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED12.02.2018 PASSED IN MVC
NO.528/2017 ON THE FILE OF THE 19TH ADDITIONAL SMALL
CAUSE JUDGE, MACT, BENGALURU (SCCH-17), PARTLY
-2-
NC: 2024:KHC:301
MFA No. 5375 of 2018
C/W MFA No. 5374 of 2018
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5374/2018:
BETWEEN:
1. SRI. M. SRINIVASAPPA
S/O LATE MUNIVENKATAPPA
AGED ABOUT 61 YEARS,
2. SRI. S. MANJUNATH,
S/O M.SRINIVASAPPA
AGED ABOUT 35 YEARS,
3. SRI S SUKUMAR
S/O M. SRINIVASAPPA
AGED ABOUT 28 YEARS,
ALL ARE RESIDING IN
ABBANI HARATI VILLAGE,
KOLAR DISTRICT - 563 101
...APPELLANTS
(BY SRI. R V SHIVANANDA REDDY, ADVOCATE)
AND:
1. THE GENERAL MANAGER
BHARTI AXA GEN INS CO.LTD
1ST FLOOR, FERNS ICON,
SURVEY NO.28, DODDAKUNDI
BANGALORE- 560 037.
2. SRI. SRINIVAS GOWDA. G N
MAJOR
NO.1264 KURUBARPET
KOLAR - 563 101
...RESPONDENTS
(BY SRI. PRADEEP B, ADVOCATE FOR R1;
R2 V/O DATED 23.09.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12/02/2018, PASSED IN MVC
NO.527/2017, ON THE FILE OF THE XIX ADDITIONAL SMALL
-3-
NC: 2024:KHC:301
MFA No. 5375 of 2018
C/W MFA No. 5374 of 2018
CAUSES JUDGE & MACT, (SCCH-17), BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the claimants challenging
the judgment and award dated 12.02.2018 passed by
MACT, Bangalore in MVC Nos.527/2017 & 528/2017.
2. The factum of accident, injuries sustained by
the claimant and death of deceased are not in dispute.
3. Heard the arguments of learned Advocates
appearing for both parties and perused the material on
record.
IN MFA No.5375/2018:
4. From the medical records it is proved that the
claimant has sustained the following injuries:
(i) Pain and inability over right lower limb
(ii) Tenderness over the right hip
(iii) Lacerated wound over the right groin 5x1 cms.
(iv) Pubic Rami fracture
NC: 2024:KHC:301
5. Upon considering the injuries sustained by the
claimant, the Tribunal has awarded the compensation as
follows:
1. Towards pain and suffering Rs.40,000/-
2. Towards attendant charges,
extra food and conveyance Rs.15,000/-
expenses
3. Towards medical expenses Rs.9,306/-
4. Loss of income during laid up
period Rs.24,000/-
5. Loss of income due to
permanent disability Rs.53,760/-
6. Loss of future amenities and Rs.20,000/-
happiness
7. Towards future medical
expenses NIL
Total Rs.1,62,066/-
6. Considering the nature of injuries sustained and
disability occurred, the Tribunal has not adopted correct
parameters while determining the compensation. Thus, it
requires modification.
7. The claimant has sustained fracture to the pubic
rami and he is an agriculturist by avocation, aged about
61 years. The injury sustained by the claimant causes
NC: 2024:KHC:301
much pain and sufferings in carrying out agricultural work.
Therefore, compensation of Rs.50,000/- is awarded under
the head 'pain and suffering'.
8. The Tribunal based on the medical bills
produced by the claimant has awarded compensation of
Rs.9,306/- towards medical expenses, which is just and
correct and needs no interference.
9. The doctor has assessed the disability of the
claimant at 31% to limb and 10% disability to the whole
body. The Tribunal has taken 8% as functional disability,
which is on lower side. Considering the nature of injuries
sustained and that the claimant is an agriculturist, it is just
and proper to take 10% disability as functional disability.
The accident is caused in the year 2016, therefore as per
the provisions of KSLSA the notional income would be
Rs.9,500/- per month. Since the claimant was aged 61
years, the appropriate multiplier applicable is '7'.
Therefore, loss of earning capacity due to disability is
reassessed as under:
NC: 2024:KHC:301
Rs.9,500/- x 12 x 7 x 10% = Rs.79,800/-.
Thus, the claimant is entitled for compensation of
Rs.79,800/- under the head 'loss of earning capacity due
to disability'.
10. Further, a compensation of Rs.30,000/- is
awarded towards 'loss of amenities' as against Rs.20,000/-
awarded by the Tribunal.
11. Further, a compensation of Rs.15,000/-
awarded towards attendant charges, extra food and
conveyance expenses, is on the lower side. Therefore, a
sum of Rs.25,000/- is awarded under the head 'attendant
charges, extra food and conveyance expenses'.
12. Further, a compensation of Rs.28,500/-
(Rs.9,500/- x 3 months) is awarded under the head 'loss
of income during laid up period'.
13. Thus, claimant is entitled to compensation as
under:
NC: 2024:KHC:301
Sl.
Particulars By Tribunal By this Court
No.
1. Towards pain and
suffering Rs.40,000/- Rs.50,000/-
2. Towards attendant
charges, extra food
and conveyance
expenses Rs.15,000/- Rs.25,000/-
3. Towards medical
expenses Rs.9,306/- Rs.9,306/-
4. Loss of income
during laid up period Rs.24,000/- Rs.28,500/-
5. Loss of income due
to permanent
disability Rs.53,760/- Rs.79,800/-
6. Loss of future
amenities and
happiness Rs.20,000/- Rs.30,000/-
7. Towards future
medical expenses NIL NIL
Total Rs.1,62,066/- Rs.2,22,606/-
14. The claimant is entitled to total compensation of
Rs.2,22,606/- as against Rs.1,62,066/- awarded by the
Tribunal. Thus, claimant is entitled to enhanced
compensation of Rs.60,540/- along with interest @ 6%
p.a. from the date of petition till its realisation.
IN MFA 5374/2014:
15. In the present case, as per Aadhar card the
deceased was aged 56 years at the time of accident. As
NC: 2024:KHC:301
per provisions of KSLSA the notional income for the
accidents of the year 2016 is Rs.9,500/- per month and
10% is ought to be added to the said income towards
'future prospects', which would result in Rs.10,450/- per
month. The appropriate multiplier applicable is '9'. The
Tribunal has erred in deducting 50% income towards
personal expenses of the deceased, which ought to have
been 1/3rd deduction. Therefore, 'loss of dependency' is
reassessed as under:
Rs.10,450/- x 12 x 9 x 2/3rd = Rs.7,52,400/-
Thus, claimants are entitled for compensation of
Rs.7,52,400/- under the head 'loss of dependency'.
16. Further, the Tribunal awarded a compensation
of Rs.64,060/- towards medical expenses, which is based
on medical bills produced by the claimants. Same is just
and correct and kept intact.
17. The Tribunal has awarded compensation of
Rs.40,000/- towards 'loss of consortium'. As per the
judgment of Hon'ble Supreme Court in the case of
NC: 2024:KHC:301
MAGMA GENERAL INSURANCE CO. LIMITED V. NANU
RAM & OTHERS1, each claimants are entitled for
Rs.40,000/- towards 'loss of consortium'. In the present
case, there are three dependants. Therefore,
compensation of Rs.1,32,000/- [Rs.40,000/- x 3
dependants + 10% escalation) is awarded under the head
'loss of consortium'.
10. The compensation of Rs.16,500/- is awarded
towards 'funeral expenses and transportation of dead
body'.
11. The compensation of Rs.16,500/- is awarded
towards 'loss of estate'. Therefore, only towards these
conventional heads compensation is enhanced.
12. Thus, in all, the appellants/claimants are
entitled for total compensation under various heads as
follows:
2018 ACJ 2782
- 10 -
NC: 2024:KHC:301
Sl. By the By this
Particulars Rs.
No. Tribunal Court
1 Loss of dependency Rs. 4,75,200/- 7,52,400/-
2 Loss of consortium
including loss of love
and affection Rs. 40,000/- 1,32,000/-
3 Funeral expenses and
transportation of
dead body Rs. 15,000/- 16,500/-
4 Loss of estate Rs. 15,000/- 16,500/-
5 Medical expenses Rs. 64,060/- 64,060/-
TOTAL Rs. 6,09,260/- 9,81,460/-
13. The Tribunal has awarded compensation of
Rs.6,09,260/-, but the appellants/claimants are entitled to
total compensation of Rs.9,81,460/-. Hence, the
appellants/claimants are entitled to enhanced
compensation of Rs.3,72,200/- (Rs.9,81,460/- -
Rs.6,09,260/-). Therefore, the appellants/claimants are
entitled to enhanced compensation of Rs.3,72,200/- along
with interest at the rate of 6% per annum from the date of
petition till the date of realization, in addition to what has
been awarded by the Tribunal.
14. Accordingly, I proceed to pass the following:
- 11 -
NC: 2024:KHC:301
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award
dated 12.02.2018 in MVC Nos.527/2017
& 528/2017 passed by the MACT,
Bangalore, is modified to the extent that
the appellants/claimants in MFA
No.5374/2017 (in MVC No.527/2017)
are entitled to enhanced compensation
of Rs.3,72,200/- and claimant in MFA
No.5375/2017 (in MVC No.528/2017) is
entitled to enhanced compensation of
Rs.60,540/- respectively along with
interest at the rate of 6% per annum
from the date of petition till the date of
realization, in addition to what has been
awarded by the Tribunal.
- 12 -
NC: 2024:KHC:301
iii. The appellant/claimant in MFA
No.5375/2018 is not entitled for interest
for the delay period of 11 days.
iv. No order as to costs.
v. Draw award accordingly.
Sd/-
JUDGE
DR
