Karnataka High Court
The Branch Manager vs Smt Jayalakshmamma @ Jayalakshmi on 29 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:29764
MFA No. 9021 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 9021 OF 2019 (MV)
BETWEEN:
THE BRANCH MANAGER
UNIVERSAL SOMPO GENERAL
INSURANCE COMPANY LIMITED
LEGAL OFFICE, KVD TOWERS
ABOVE BARCLAYS, FINANCE OFFICE
100 FEET ROAD, INDIRANAGAR
OLD MADRAS ROAD, BANGALORE-38
NOW REP BY ITS REGIONAL MANAGER
UNIVERSAL SOMPO GIC LTD.
UNIT NO.401, 4TH FLOOR
SANGAM COMPLEX 12, ANDHERI
KURLA ROAD, ANDHERI (EAST), MUMBAI-59.
...APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
1. SMT JAYALAKSHMAMMA @ JAYALAKSHMI
Digitally signed by
HEMALATHA A W/O SHIVARUDRAIAH
Location: HIGH AGED ABOUT 56 YEARS
COURT OF R/AT NO.24/4, 12TH CROSS ROAD
KARNATAKA
VIDYAPEETA ROAD, KENGERI
BANGALORE-60.
2. VENKATARAMAIAH G
S/O LATE GOVINDAPPA
MAJOR, R/O NO.125, BUEHCS LAYOUT
BEML 5TH STAGE, R R NAGAR
BANGALORE-98
...RESPONDENTS
(BY SRI K T MADHU, ADVOCATE FOR R1:
SRI. K V SHYAMA PRASAD, ADVOCATE FOR R2)
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NC: 2024:KHC:29764
MFA No. 9021 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:11.07.2019
PASSED ON MVC NO.2474/2018 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
(SCCH-4), AWARDING COMPENSATION OF RS.3,11,000/- WITH
INTEREST AT 6 PER CENT P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the Insurance Company being aggrieved by the
judgment dated 11.07.2019 passed by MACT, Bengaluru
in MVC No.2474/2018.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 10.04.2018 when the claimant was
standing on the side of Government Hospital road,
Kengeri, at that time, car bearing registration No.KA-41-
P-2442 being driven by its driver at a high speed and in
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a rash and negligent manner, dashed to the vehicle of
the claimant. As a result of the aforesaid accident, the
claimant sustained grievous injuries and was
hospitalized.
3. The claimant filed a petition under Section 166 of
the Act, seeking compensation. It was pleaded that he
spent significant amount towards medical expenses,
conveyance charges and other related costs. It was
further pleaded that the accident occurred solely on
account of rash and negligent driving of the offending
vehicle by its driver.
4. Upon service of notice, the respondents appeared
through counsel and filed written statements denying
the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter,
recorded the evidence. The claimant, in order to prove
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the case, examined himself as PW-1, and
Dr.Nagaraj.B.N. was examined as PW-2, and got
exhibited documents namely Ex.P1 to Ex.P... On behalf
of the respondents, one witness was examined as RW-1
and got exhibited documents namely Ex.R1 to Ex.R4.
The Claims Tribunal, by the impugned judgment, inter
alia, held that the accident took place on account of rash
and negligent driving of the offending vehicle by its
driver, as a result of which, the claimant sustained
injuries. The Tribunal further held that the claimant is
entitled to a compensation of Rs.311,000/- along with
interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation
amount along with interest. Being aggrieved, the
present appeal has been filed.
6. The learned counsel for the Insurance Company
has raised the following contentions:
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a) Firstly, the claimant alleged that he was earning a
monthly income of Rs.12,000, but failed to provide
supporting documentation. In the absence of proof, the
Tribunal's assessment of the claimant's monthly income
at Rs.10,000 appears excessive and erroneous
b) Secondly, regarding medical bills, out of
Rs.59,000/- awarded by the Tribunal, the owner of the
offending vehicle has paid a sum of Rs.28,000/- to the
claimant. Consequently, the Insurance Company has
reimbursed the amount to the owner of the offending
vehicle. Hence, the Tribunal has erred in awarding
Rs.59,000/- towards 'medical expenses'.
c) Considering the nature of injuries, evidence of
doctor and materials available on record, the overall
compensation awarded by the Tribunal is excessive.
With the above contentions, learned counsel for the
Insurance Company sought to allow the appeal.
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7. On the other hand, the learned counsel for the
claimant has raised the following counter-contentions:
a) Firstly, the Tribunal erred in assuming the monthly
income of the claimant as Rs.10,000/-, despite evidence
showing he earned Rs.12,000/- per month. In the
absence of proof of income, even as per the guidelines
of Karnataka State Legal Services Authority, for the
accident occurred in the year 2018, the notional income
has to be taken at Rs.12,500/- p.m.
b) Considering the injuries sustained by the claimant
and considering the age and avocation of the claimant,
the overall compensation awarded by the Tribunal is
just and reasonable and it does not warrant
interference.
With the above contentions, learned counsel for
the appellant sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
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9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on
10.04.2018 due to rash and negligent driving of the
offending vehicle by its driver.
10. The claimant claims that he was earning
Rs.12,000/- per month. But he has not produced any
documents to substantiate his claim. Therefore, in the
absence of proof of income, notional income has to be
assessed. According to the guidelines issued by the
Karnataka State Legal Services Authority, for accidents
occurred in the year 2018, notional income has to be
taken at Rs.12,500/- p.m.
11. In respect of medical bills, out of Rs.59,000/-
awarded by the Tribunal, a sum of Rs.28,000/- has been
paid by the owner to the claimant. Consequently, the
Insurance Company has reimbursed the said amount to
the owner of the offending vehicle.
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12. In view of the above, since the income assessed by
the Tribunal is on the lower side, however, considering
the nature of injuries and evidence of the doctor, the
overall compensation awarded by the Tribunal appears
to be just and reasonable. Therefore, the appeal is liable
to be dismissed.
13. Accordingly, the appeal is dismissed.
14. Amount in deposit is ordered to be transferred to
the Tribunal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
DM
