Karnataka High Court
Sri M Raju vs United India Insurance Co Ltd on 30 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:30178
MFA No. 2532 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 2532 OF 2022 (MV-I)
BETWEEN:
SRI. M. RAJU S/O MUNIRAJU,
AGED ABOUT 24 YEARS,
R/AT M MANIYAMBAL,
GUTALA HUNASE POST,
MARALAVADI HOBLI,
KANAKAPAURA TALUK,
RAMANAGARA DIST - 571 117.
...APPELLANT
(BY SRI. GIRIMALLAIAH., ADVOCATE)
AND:
1. UNITED INDIA INSURANCE CO LTD.,
REGIONAL OFFICE, T P HUB,
KRISHI BHVAN, 6TH FLOOR,
HUDSON CIRLCE,
NURUPTHUNGA ROAD,
BENGALURU - 560 001.
BY ITS MANAGER.
Digitally
signed by 2. MR. SHIVARUDRA H S
ANJALI M S/O SHIVANEGOWDA, MAJOR,
(AGE R-2 NOT KNOWN TO APPELLANT)
Location: C/O CHIKKALINGAIAH,
High Court GOVT COCOON MARKET,
of Karnataka SANGAM MAIN ROAD,
KANAKAPURA TALUK,
RAMANAGARA DIST,
PIN - 562 117.
...RESPONDENTS
(BY SRI. LAXMINARASAPPA., ADVOCATE FOR
SRI. A M VENKATESH., ADVOCATE FOR R1;
R2 - SERVICE FO NOTICE IS DISPENSED WITH VIDE
ORDER DATED 16.02.2024)
-2-
NC: 2024:KHC:30178
MFA No. 2532 of 2022
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.12.2021 PASSED IN MVC
NO.218/2019 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7,
BENGALURU SCCH-15 PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 04.12.2021
passed in MVC.No.218/2019 on the file of the IX C/c XIII
ASCJ Small Causes and Additional MACT, Bengaluru
(SCCH-15) (for short 'the tribunal'). This appeal is founded
on the premise of inadequate and meager compensation
awarded by the Tribunal.
2. Parties to the appeal shall be referred to as per
their status before the Tribunal.
3. The tribunal has awarded total compensation of
Rs.2,47,712/- with interest at 6% per annum and directed
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the respondent - insurance company to pay the
compensation.
4. It is the vehement contention of learned
counsel for the claimant that the Tribunal has committed
an error in not awarding suitable compensation. The
Tribunal has failed to take into consideration the income of
the claimant, who was working as a Mason. The Tribunal
has also not awarded just and reasonable compensation
on other heads. He also contends that the disability
opined by the Doctor to an extent of 20% to the whole
body is correct, and the same would have been awarded
by the Tribunal rather than reducing it to 10%. Under the
circumstances, he seeks for enhancement of
compensation.
5. Per contra, learned counsel for the Insurance
Company contends that there is no illegality and perversity
in the judgment and award passed by the Tribunal. The
income assessed by the Tribunal does not call for
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interference, as no proof of income is produced by the
claimant, so also, the disability assessed by the Tribunal at
10% is also excessive in nature, as the Doctor has not
opined functional disability to a particular limb. With
regard to other heads, just and reasonable compensation
is awarded. The same does not call for interference.
6. Having heard learned counsel for the parties
and on perusal of the material on record, it is seen that
the claimant has produced the documents as per Exs.P1 to
Ex.P10, out of which Ex.P1 to Ex.P5 are the police records,
which clearly depict registration of the FIR and filing of the
charge sheet against driver of the offending vehicle and
same has not been challenged or controverted. Therefore,
the Tribunal has rightly attributed the negligence against
driver of the offending vehicle. Exs.P6 to Ex.P10 are the
medical records, which clearly depict the injuries sustained
by the claimant in the accident.
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7. Now coming to the aspect of age, avocation and
income of the claimant. I am in agreement with the
learned counsel for the claimant that the income assessed
by the Tribunal is on the lower side. As per the Legal
Services Authority Chart, it prescribes Rs.12,500/- p.m for
the accident year 2018. Hence, income is taken as
Rs.12,500/- in the present case. The disability assessed
by the Tribunal of 20% to the whole body is rightly
reduced to 10% to the whole body, as the Doctor has not
provided the details of functional disability to the particular
limb. Hence, 10% disability assessed by the Tribunal does
not call for interference. Therefore, 'loss of future earning
capacity due to disability' would be Rs.2,70,000/-
(Rs. 12,500 x 12 x 18 x 10%).
8. Towards Hospital expenses, the claimant has
produced Ex.P7 - medical bills, which shows Rs.26,703/-,
but the claimant has received a sum of Rs.12,703/- from
the 'Chief Minister Relief Fund'. Therefore, Rs.12,703/-
has been deducted in the said appeal, and the balance
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amount would be Rs.14,000/-. Whereas, the Tribunal has
awarded Rs.3,312/- which is on the lower side. Hence,
the same would have to be enhanced to Rs.14,000/-.
9. Considering the magnitude of injuries suffered
by the claimant, atleast four months is required to
recuperate and get back to normal day to day activities.
In view of this Court enhancing the income to Rs.12,500/-
per month, Rs.50,000/- (Rs.12,500 x 4) is awarded under
the head 'loss of income during laid up period'.
10. Now coming to the aspect of 'pain and
suffering'. The Tribunal has awarded Rs.20,000/-. I deem
it appropriate to award Rs.40,000/- under this head.
11. Towards 'Food, Nourishment and attendant
charges', as the claimant was inpatient for 16 days,
Rs.16,000/- is awarded under this head.
12. Towards 'loss of amenities' Rs.30,000/- is
awarded as against Rs.10,000/-.
NC: 2024:KHC:30178
13. Towards 'Future medical expenses' Rs.15,000/-
is awarded under this head.
14. In view of the above, the claimants would be
entitled to total compensation of Rs.4,35,000/- as
against Rs.2,47,712/- awarded by the Tribunal, as
mentioned in the table below:
Sl. Head of compensation Amount of
No. compensation
awarded
1 Loss of future income due to 2,70,000-00
disability
2 Pain and suffering 40,000-00
3 Loss of amenities 30,000-00
4 Loss of income during laid up 50,000-00
period
5 Food, Nourishment and 16,000-00
Attendant charges
6 Medical expenses 14,000-00
7 Future medical expenses 15,000-00
TOTAL 4,35,000-00
15. Accordingly, I pass the following:
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ORDER
i) The appeal is allowed in part.
ii) The impugned Judgment & Award dated
04.12.2021 passed by the IX C/c XIII ASCJ.
Small Causes and Additional MACT, Bengaluru
(SCCH-15) in MVC No.218/2019, is modified.
iii) The appellant/claimant would be entitled to
total compensation of Rs.4,35,000/- as
against Rs.2,47,712/- awarded by the
Tribunal along with interest at 6% per annum.
iv) The enhanced compensation amount shall be
paid with interest at 6% per annum by the
respondent - insurance company within a
period of four weeks from the date of receipt
of copy of this judgment.
v) The compensation amount shall be released in
favour of the appellant-claimant as per the
terms of the tribunal by electronic transfer to
the claimant upon furnishing the required
bank details, upon proper identification.
vi) All other terms and conditions stipulated by
the Tribunal shall stand intact.
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vii) Registry is directed to transmit the original
records to the Jurisdictional Tribunal
forthwith.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
AM
