Karnataka High Court
Reliance General Insurance Company Ltd vs Sri Chandrashekara on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25297
MFA No. 10255 of 2018
C/W MFA No. 3096 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 10255 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3096 OF 2019 (MV-I)
IN MISCELLANEOUS FIRST APPEAL NO. 10255 OF 2018:
BETWEEN:
RELIANCE GENERAL INSURANCE COMPANY LTD
BRANCH OFFICE: SHIVAMOGGA
BY ITS AUTHORIZED OFFICER,
NOW REP. BY ITS MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
NO.28, CENTENARY BUILDING, EAST WING,
5TH FLOOR, M.G.ROAD,
BENGALURU-01.
...APPELLANT
(BY SRI. D. VIJAYAKUMAR, ADVOCATE)
AND:
Digitally 1. SRI CHANDRASHEKARA
signed by R
HEMALATHA S/O KRISHNAMURTHY,
Location: NOW AGED ABOUT 38 YEARS
HIGH R/O "CHAITHANYA NILAYA",
COURT OF NEAR MAHALINGESHWARA TEMPLE,
KARNATAKA ULTHOOR VILLAGE,
KUNDAPURA TALUK.
2. SMT. HEENA KOUSAR
W/O M.D. NAYEEM,
NOW AGED ABOUT 44 YEARS
M/S MERCHANT TRANSPORT,
KOBRIPET, HOSADURGA,
CHITRADURGA.
...RESPONDENTS
-2-
NC: 2024:KHC:25297
MFA No. 10255 of 2018
C/W MFA No. 3096 of 2019
(BY SRI. K. PRASANNA SHETTY, ADVOCATE FOR R1;
SRI N.D. MANJUNATH, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2018 PASSED IN MVC
NO.686/2014 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE
AND ADDITIONAL MACT, UDUPI, [SITTING AT KUNDAPURA],
KUNDAPURA, AWARDING COMPENSATION OF RS.3,82,320/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
IN MISCELLANEOUS FIRST APPEAL NO. 3096 OF 2019:
BETWEEN:
SRI CHANDRASHEKARA
S/O KRISHNAMURTHY,
AGED ABOUT 38 YEARS,
R/O "CHAITHANYA NILAYA",
NEAR MAHALINGESHWARA TEMPLE,
ULTHOOR VILLAGE,
KUNDAPURA TALUK.
...APPELLANT
(BY SRI. K. PRASANNA SHETTY, ADVOCATE)
AND:
1. SMT. HEENA KOUSAR
W/O M.D. NAYEEM,
AGED ABOUT 44 YEARS,
M/S MERCHANT TRANSPORT,
KOBRIPET, HOSADURGA,
CHITRADURGA.
2. M/S. RELIANCE GENERAL INSURANCE COMPANY LTD
REP. BY ITS AUTHORIZED OFFICER,
BRANCH OFFICE, SHIVAMOGGA,
SHIVAMOGGA.
...RESPONDENTS
(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R-2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2018, PASSED IN MVC
NO.686/2014 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE
-3-
NC: 2024:KHC:25297
MFA No. 10255 of 2018
C/W MFA No. 3096 of 2019
AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA),
KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals arise from the judgment and award dated
1.10.2018 in MVC No.686/2014 passed by the Motor Accident
Claims Tribunal, Udupi (Sitting at Kundapura) (hereinafter referred
to as the 'Tribunal').
2. The claimants filed a claim petition under Section 166
of the Motor Vehicle Act, seeking just and proper compensation for
injuries sustained in a road traffic accident on 30.11.2013. The
Tribunal awarded a total compensation of Rs.3,82,320/- with
interest at 6% p.a. and imposed liability to pay compensation on
the insurer initially, with recovery from the vehicle owner in
accordance with the law.
3. The claimant appeals seeking an enhancement of
compensation, while the insurer appeals challenging the quantum
of compensation.
4. The accident occurred in 2013. At the time of the
accident, the claimant was 34 years old and employed in the
Railway Canteen. He suffered multiple abrasions over the eye,
NC: 2024:KHC:25297
wrist, left dorsum, and a diffuse brain contusion as per the CT
scan.
5. Having heard the learned counsel for the parties and
perused the trial court records.
6. The doctor, examined as PW2, assessed the cognitive
disability at 52%, while the Tribunal assessed it at 26%. Although
the claimant remained in continuous service, the disability suffered
may impede his ability to discharge his duties. The claimant
claimed an income of Rs.6,000/- per month and, considering a 26%
cognitive disability, he seeks an additional 40% for future prospects
due to the nature of sustained injuries.
7. Although PW2 did not treat the claimant, it is
undisputed that he is competent to assess the claimant's disability.
Therefore, the compensation awarded by the Tribunal needs
reassessment as follows:
MACT High Court
Rs. Rs.
1 Injury, pain and sufferings 45,000/- 60,000/-
2 Medical expenses 20,401/- -------
3 Loss of earning during 2,400/- 18,000/-
treatment
4 Loss of future earning 2,99,520/- 1,19,808/-
capacity
5 Conveyance, nourishment 15,000/- 15,000/-
and attendant charges
6 Amenities ----------- 30,000/-
Total 3,82,321/- 1,97,808/-
NC: 2024:KHC:25297
8. The appeal is allowed in part.
9. In all, the appellant/claimant is entitled for enhanced
compensation of Rs.1,97,808/- in addition to Rs.3,82,320/-
awarded by the Tribunal. The enhanced compensation of
Rs.1,97,808/- shall carry interest at the rate of 6% p.a. from the
date of petition till actual realization. To this extent, the award
passed by the Tribunal stands modified.
10. The enhanced amount to be deposited by the
respondent - Insurance Company within a period of three months
from the date of receipt of certified copy of this order.
11. The insurer is the appellant in MFA No.10255/2018,
and the respondent No.2 before the Tribunal is fastened with
liability to pay the entire amount of compensation to the claimant at
the first instance, and recover the same from the respondent -
owner before the Tribunal in accordance with law.
12. The statutory amount deposited before this Court to be
transmitted to the Tribunal concerned.
Sd/-
JUDGE
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