Karnataka High Court

The Manager Legal Officer vs Bhairappa And Anr on 31 July, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

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                                                    MFA No. 200935 of 2019
                                                C/W MFA No. 200505 of 2019



                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 31ST DAY OF JULY, 2024

                                           BEFORE

                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                        MISCL. FIRST APPEAL NO. 200935 OF 2019 (MV-I)
                                            C/W
                           MISCL. FIRST APPEAL NO. 200505 OF 2019


                   IN MFA NO.200935/2019:-

                   BETWEEN:

                   THE MANAGER LEGAL OFFICER
                   SHRIRAM GENERAL INSURANCE CO. LTD.
                   8-5, 2ND FLOOR MONARCH CHAMBER
                   INFANTRY ROAD, BANGALORE-01
                   THROUGH AUTHORISED SIGNATORY.
                                                                 ...APPELLANT
                   (BY SRI SUBHASH MALLAPUR, ADVOCATE)
Digitally signed
by RENUKA          AND:
Location: HIGH
COURT OF
KARNATAKA          1.   BHAIRAPPA S/O MALLIKARJUN
                        AGE: 25 YEARS, OCC: AGRICULTURE
                        R/O. BALICHAKRA VILLAGE,
                        TQ & DIST: YADGIR-585202.
                   2.   ASIF HUSSAIN S/O S.M. MEHABOOB
                        AGE: 43 YEARS, OCC: OWNER OF LORRY
                        NO.KA-32/B-2602, R/O. H.NO. 2-7838
                        SEDAM ROAD, NEAR MRMC COLLEGE
                        KALABURAGI-585102.
                                                           ...RESPONDENTS
                   (BY SRI VEERANAGOUDA MALIPATIL, ADV. FOR R1;
                           -2-
                                        NC: 2024:KHC-K:5500
                                 MFA No. 200935 of 2019
                             C/W MFA No. 200505 of 2019



NOTICE TO R2 IS DISPENSED WITH)

      THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
SETTING ASIDE THE JUDGMENT AND AWARD DATED
27.10.2018, IN MVC NO.130/2016 PASSED BY THE SENIOR
CIVIL JUDGE AND MACT, YADGIR.

IN MFA NO.200505/2019:-

BETWEEN:

BHIRAPPA S/O MALLIKARJUN
AGE: 25 YEARS,
OCC: COOLIE AND AGRICULTURE
R/O. BALICHAKRA VILLAGE,
TQ & DIST: YADGIR.
                                               ...APPELLANT
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)

AND:

1.   ASIF HUSSAIN
     S/O S.M. MEHABOOB
     AGE: 43 YEARS,
     OCC: OWNER OF LORRY
     NO.KA-32/B-2602,
     R/O. H.NO. 2-7838
     SEDAM ROAD,
     NEAR MRMC COLLEGE
     KALABURAGI
     TQ. AND DIST.KALALBURAGI-585103.

2.   THE MANAGER LEGAL OFFICER
     SHRIRAM GENERAL INSURANCE CO. LTD.
     8-5, 2ND FLOOR MONARCH CHAMBER
     INFANTRY ROAD,
     BANGALORE-560001.

                                           ...RESPONDENTS
(BY NOTICE TO R1 IS DISPENSED WITH;
 SRI SUBHASH MALLPUR ADV. FOR R2)
                             -3-
                                       NC: 2024:KHC-K:5500
                                  MFA No. 200935 of 2019
                              C/W MFA No. 200505 of 2019



     THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED
27.10.2018 IN MVC NO.130/2016 PASSED BY THE SENIOR
CIVIL JUDGE AND CJM AT YADGIR, MAY KINDLY BE MODIFIED
BAY ENHANCING THE COMPENSATION AS CLAIMED IN THE
CLAIM PETITION.


     THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

1. MFA No.200935 of 2019 is by the insurer and MFA

No.200505 of 2019 is by the claimant seeking for

enhancement of compensation.

2. The insurer has filed the appeal contending that the

vehicle has been implicated and the vehicle which it had

insured was not involved in the accident. To support this

assertion, it is contended that initially the complaint was

lodged alleging that the claimant was hit by an unknown

vehicle and four days thereafter, the driver of the

offending vehicle is said to have surrendered the vehicle

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and this indicated that the vehicle was procured only for

the purpose of staking a claim for compensation.

3. It is noticed that, as per the wound certificate, the

claimant was taken to the hospital in 108 Ambulance and

the wound certificate clearly indicates that the claimant

was brought with injuries due to a road traffic accident.

The IMV report, which was produced as Exhibit P-5

indicates that the front bumper of the truck as well as left

side front headlight and indicator were damaged. The

allegation in the claim petition was that the claimant was

riding a Bullock cart which was hit from behind and this

would co-ordinate and concur with the damages indicated

in the IMV report.

4. In light of the fact that the complaint was lodged

immediately and the offending vehicle also is said to have

damages in accordance with the manner in which the

claimant had stated that the accident had occurred would

indicate that the accident had in fact occurred between the

truck and the Bullock cart of the claimant.

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5. Thus, there is no merit in the appeal by the insurer

and the same is accordingly dismissed.

6. As far as the appeal of the claimant is concerned, the

Tribunal has, on assessment of the medical evidence,

which indicated that the claimant had suffered 14%

permanent physical disability, has determined the

permanent disability of the claimant at 10% to the whole

body.

7. In my view, this assessment cannot be found fault

with and it is accordingly maintained.

8. However, it is noticed that the Tribunal has taken the

income of the claimant at Rs.6,000/- per month in respect

of an accident of the year 2015.

9. The Tribunal has determined the monthly income,

notionally at Rs.6,000/-. Since there is no credible

documentary evidence to ascertain the actual monthly

income, it would be appropriate and prudent to adopt the

monthly income determined by Karnataka State Legal

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Services Authority, which, for the accident of the year

2015, would be Rs.8,000/-.

10. As the claimant was aged 25 years, a multiplier of

'18' would have to be applied. Consequently, the claimant

would be entitled to a sum of Rs.1,72,800/- (Rs.8,000/- x

12 x 10% x "18") towards 'loss of future income'.

11. As against the sum of Rs.15,000/- awarded towards

pain and suffering and Rs.10,000/- awarded towards

loss of Amenities, in my view, it would be appropriate to

award a sum of Rs.50,000/- and Rs.25,000/-

respectively under these heads.

12. The claimant was hospitalised for more than 12 days

and as against the sum of Rs.5,000/- awarded towards

food and nourishment and a sum of Rs.5,000/- awarded

towards conveyance charges, it would be just and

appropriate to award a sum of Rs.20,000/- towards

food, nourishment and conveyance charges.

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13. The Tribunal has awarded a sum of Rs.2,200/-

towards attendant charges. In my view, it would be

appropriate to award a sum of Rs.5,000/- towards

attendant charges.

14. A sum of Rs.64,350/- awarded towards medical

expenses is based on the documentary evidence available

on record. Hence, the same is maintained.

15. Similarly, a sum of Rs.15,000/- awarded towards

removal of implant is also maintained.

16. It is noticed that the Tribunal has awarded a sum of

Rs.2,200/- for the loss of income during laid up

period. Since the claimant has suffered fracture of tibia, it

would be appropriate to take the loss of income for a

period of three months, and since the income is

determined at Rs.8,000/- per month, the sum of

Rs.24,000/- (Rs.8,000/- x 3) is awarded under this head.

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17. Consequently, the award of the Tribunal is modified

and the claimant would be entitled to the following

compensation:

As As awarded Sl. awarded Nature of Heads by this No. by the Court Tribunal (In Rs.) (In Rs.)

1. Pain and suffering 15,000/- 50,000/-

1,29,600/- Rs.1,72,800/-

2. Loss of future income (Rs.6,000/- x (Rs.8,000/- x 12 x 12x 10% x 18) 10% x "18")

3. Medical expenses 64,350/- 64,350/-

4. Removal of implant 15,000/- 15,000/-

Loss of income during the 2,200/- 24,000/-

5. laid up period

6. Food and nourishment 5,000/- 20,000/-

7. Conveyance charges 5,000/-

8. Attendant charges 2,200/- 5,000/-

9. Loss of amenities in life 10,000/- 25,000/-

                                        2,48,350/-      3,76,150/-
                 Total               Rounded off to
                                     2,48,000/-

18. Thus, the claimant is held entitled to the total

compensation of Rs.3,76,150/- as against Rs.2,48,000/-,

along with interest at the rate of six per cent per annum

from the date of petition till its realization.

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19. The Insurance Company is directed to deposit the

amount of compensation awarded within two months from

the date of receipt of a certified copy of this judgment.

20. The apportionment, deposit and release of the

enhanced compensation amount shall be made as per the

ratio adopted by the Tribunal.

21. In the result, the appeal by the claimant is allowed

in part.

22. The amount in deposit, if any, shall be transferred to

the Tribunal for disbursal in terms of the award.

23. In view of the disposal of the appeals, all pending