General Manager vs Ningappa S/O Yallappa Metti
2024 Latest Caselaw 900 Kant

Citation : 2024 Latest Caselaw 900 Kant
Judgement Date : 10 January, 2024

Karnataka High Court

General Manager vs Ningappa S/O Yallappa Metti on 10 January, 2024

Author: V.Srishananda

Bench: V.Srishananda

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                                                            NC: 2024:KHC-D:579
                                                            MFA No. 101422 of 2021




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 10TH DAY OF JANUARY, 2024

                                                BEFORE
                              THE HON'BLE MR JUSTICE V.SRISHANANDA
                       MISCELLANEOUS FIRST APPEAL NO.101422 OF 2021 (MV-I)
                      BETWEEN:

                      GENERAL MANAGER,
                      SHRIRAM GENERAL INSURANCE CO. LTD.,
                      10003-E-8, RICHO INDUSTRIAL AREA, SITAPUR,
                      RAJASTAN STATE,
                      NOW REPRESENTED BY AUTHORISED SIGNATORY,
                      SHRIRAM GENERAL INSURANCE CO.LTD.,
                      BENGALURU.
                                                                        ...APPELLANT
                      (BY SRI. M.Y. KATAGI, ADVOCATE)

                      AND:

                      1.   NINGAPPA S/O. YALLAPPA METTI,
                           AGE. 38 YEARS, OCC. AGRICULTURAL,
                           R/O. MYADANERI, TALUKA: YELBURGA,
                           DISTRICT: KOPPAL-583237.
                      2.   NOORANDAPPA
SAROJA                     S/O. ERAPPA BOODANAYAKADINNI,
HANGARAKI                  AGE. 47 YEARS, OCC. DRIVER CUM
Digitally signed by
SAROJA
                           OWNER OF THE LORRY BEARING
HANGARAKI
Date: 2024.01.25
11:44:39 +0530
                           REG. NO.KA-22/9344,
                           R/O. SUTAGUNDAR, TALUKA AND
                           DISTRICT: BAGALKOTE
                           PIN CODE-587115.
                                                                    ...RESPONDENTS
                      (BY SRI. ANKIT R.DESAI, ADVOCATE)

                            THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
                      JUDGMENT AND AWARD DATED 29.02.2020 PASSED IN MVC
                      NO.54/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR
                      ACCIDENT     CLAIMS     TRIBUNAL,      YELBURG,   AWARDING
                      COMPENSATION OF Rs.5,94,224/- WITH INTEREST AT 6 PERCENT
                      P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
                                  -2-
                                          NC: 2024:KHC-D:579
                                          MFA No. 101422 of 2021




    THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

Heard Sri.M.Y.Katagi and Sri.Ankith Desai, learned

counsel.

2. Appeal is by the insurance company challenging the

quantum of compensation awarded in MVC No.54/2017.

3. Sri.M.Y.Katagi submits that there is no dispute as to

the accidental injuries sustained by the claimants.

However, in the absence of proper proof of income, the

Tribunal was justified in assessing the monthly income in a

sum of Rs.7,000/-. So also, tribunal has erred in applying

multiplier 17, having regard to the fact that the injured

was 35 years old. Proper multiplier should be 16 and

therefore, need has been arisen to reassess the

compensation.

4. Sri.Ankith Desai, however submits that on the head

of transportation and nourishment charges no proper

NC: 2024:KHC-D:579

compensation is awarded and therefore, sought for

dismissal of the appeal.

5. In view of the rival contentions of the parties, this

court has perused the material available on record

meticulously.

6. On such perusal of the material on record, it has

been established by the claimant that he has sustained

accidental injuries in road traffic accident that occurred on

26.06.2009 at about 9.30 p.m. involving Auto rickshaw

bearing No.KA22/9344.

7. Injured has been inpatient and he has sustained two

fractures and he is treated in SDM Medical college hospital

and medical records have been placed on record to

substantiate the injuries sustained by him.

8. In the absence of treated doctor has been examined

before the tribunal, tribunal justified in assessing the

disability factor by taking 1/3 of the disability factor

mentioned in the disability certificate.

NC: 2024:KHC-D:579

9. The monthly income that has been taken by the

tribunal is in a sum of Rs.7,000/- for the accidental

injuries of the year 2009, in the absence of proper proof of

income.

10. Tribunal has erred in applying 17 multiplier as the

injured is aged 35 years as on the date of accident.

11. Accordingly, the case has been made out by the

insurance company for reassessment of the compensation.

12. The quantum of compensation is thus reassessed as

under:

Sl.No. Name of heads Amount(Rs.) 1 Loss of future earning capacity 2,23,680-00 (Rs.5,000X12X16X23.3%) 2 Pain and suffering 50,000-00 3 Amenities 15,000-00 4 Medical expenses 1,86,500-00 5 Attendant charges 10,000-00 6 For nourishment 10,000-00 7 Laid up period income 15,000-00 Total 5,10,180-00

NC: 2024:KHC-D:579

13. In view of the foregoing discussion, the following :

ORDER

i) Appeal is allowed in part.

ii) As against compensation of 5,94,224-00

awarded by the tribunal claimant is entitled for

the sum of Rs.5,10,180-00 with interest at 6%

per annum.