Sri Vasanth T C vs Reliance General Insurance Company Ltd
2024 Latest Caselaw 14988 Kant

Karnataka High Court

Sri Vasanth T C vs Reliance General Insurance Company Ltd on 28 June, 2024

Author: K.Natarajan

Bench: K.Natarajan

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                                                       NC: 2024:KHC:24194
                                                    MFA No. 1497 of 2021




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF JUNE, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE K.NATARAJAN
                 MISCELLANEOUS FIRST APPEAL NO.1497 OF 2021(MV-I)
                 BETWEEN:

                       SRI. VASANTH T.C.,
                       S/O CHINNAPPA,
                       AGED ABOUT 39 YEARS,
                       RESIDING AT NO.261,
                       NANDISHAPPA BUILDING,
                       SUGGATTA MAIN ROAD,
                       HUNASEMARANAHALLI,
                       YELAHANKA,
                       BENGALURU - 562 157
                                                             ...APPELLANT
                 (BY SRI. N. KUMAR., ADVOCATE)

                 AND:

Digitally
signed by        1.    RELIANCE GENERAL INSURANCE COMPANY LTD.,
YAMUNA K L             UNNAI ARCADE,
Location: High         05/111 AND 06/112,
Court of
Karnataka              1ST FLOOR, 1ST BLOCK,
                       DR. RAJKUMAR ROAD,
                       RAJAJINAGAR,
                       BENGALURU - 560 010

                 2.    R. SHIVAPRASAD
                       S/O RAJAGOPALA,
                       AGED ABOUT 40 YEARS,
                       NO. 09, 10TH MAIN ROAD,
                       60 FEET ROAD, J.C. NAGAR,
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                                                   NC: 2024:KHC:24194
                                                 MFA No. 1497 of 2021




        KURUBARAHALLI,
        BENGALURU - 560 086
                                                      ...RESPONDENTS
(BY SMT. T.N. MALATHI, ADVOCATE FOR R1;
    V/O DATED 16.03.2023, NOTICE TO R2 IS
    DISPENSED WITH)

          THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED.04.06.2020 PASSED IN MVC
NO.6663/2018 ON THE FILE OF THE XI ADDITIONAL SMALL
CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES,
MEMBER,           MACT-12,        BENGALURU,     (SCCH-12),        PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

          THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:


                                  JUDGMENT

The above appeal is filed by the claimant under

Section 173(1) of the Motor Vehicles Act, 19881 for

enhancement of compensation challenging the judgment

and award dated 04.06.2020 passed in MVC

No.6663/2018 by the XI Addl. Small Causes Judge and the

Hereinafter referred to as the 'Act'

NC: 2024:KHC:24194

Additional Motor Accident Claims Tribunal at Bengaluru

(SCCH-12)2.

2. Heard the learned counsel for the parties.

3. For the sake of convenience, the parties herein

are referred as per their rank before the Tribunal.

4. Facts giving rise to filing of the appeal briefly

stated are that on 12.06.2018 at about 10.30 p.m. he

along with his friends were traveling to Sigandur Temple in

a Car bearing Reg.No.KA-04-AB-2943, near N.H.76/C on

left side of Nagara-Kollur Road, Aramanekoppa Village,

Nagara Hobli, at that time, a Car bearing Reg.No.KA-01-

MH-8439 driven by its driver came in a rash and negligent

manner and dashed to the Car in which the petitioner was

traveling and caused accident. As a result of the accident,

the petitioner succumbed to multiple injuries all over the

body. Then he was shifted to Nanjappa Hospital, Shimoga.

Wherein, he took treatment and spent more than

`5,00,000/- towards medical treatment. Hence, the

Hereinafter referred to as the 'Tribunal'

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petitioner filed the claim petition under Section 166 of the

Act, claiming compensation for the injuries sustained in

the road traffic accident. It is stated by the petitioner that

he was working as an Assistant Manager in D.T.D.C

Express Limited, Bengaluru and earning `30,000/- per

month. Due to the accident, he suffered disability and is

not able to work independently and used to depend on

others. Hence, he filed the claim petition seeking

compensation along with interest.

5. On service of summons, Respondent Nos.1 and

2 appeared through counsel and filed separate written

statement denying the averments made in the claim

petition and denied the issuance of policy in favour of

respondent No.2. Further denied the age of the petitioner,

avocation and income of the petitioner and also denied the

manner of occurrence of accident and prays for dismissal

of the claim petition.

6. On the basis of the pleadings of the parties, the

Tribunal framed the following issues:

NC: 2024:KHC:24194

i. Whether petitioner prove that, on 12.06.2018 at about 10.30 p.m., he along with his friends were traveling to Sigandur Temple in a Car bearing Reg.No.KA-04-AB-2943, near NH76/C on left side of Nagar-Kollur Road, Aramanekoppa Village, Nagara Hobli, at that time a Car bearing Reg.No.KA.01-MH-8439 driven the same by its driver in a rash and negligent manner with a high speed and came from opposite direction and dashed to the Car in which the Petitioner was traveling and caused accident, due to which the Petitioner sustained multiple injuries all over the body?

ii. Whether the petitioner is entitled for compensation as sought for? If yes, How much and from whom?

iii. What order or award?

7. In order to prove his case, claimant/petitioner

examined himself as PW.1 and got marked Exs.P1 to

Ex.P14 and petitioner also examined the Doctor as PW-2

and got marked the documents at Ex.P15 to Ex.P19 and

Senior Executive, H.R.DTDC Express Limited, as PW.3 and

got marked Ex.P20 and Ex.P21. On the other hand, the

respondent No.1 has not led any oral or documentary

evidence. After hearing the arguments, the Tribunal, by

the impugned judgment, inter alia, held that the accident

took place on account of rash and negligent driving of the

NC: 2024:KHC:24194

offending vehicle by its driver, as a result of which, the

petitioner sustained multiple injuries. The Tribunal further

held that the claimant is entitled to a compensation of

`4,70,071/- with interest at the rate of 6% p.a. and

directed the respondent Nos.1 and 2 to deposit the

compensation amount along with interest.

8. The Tribunal has awarded the compensation

under various heads as follows:

Amount in Sl.No Particulars Rs.

1. Pain and sufferings. 2,00,000/-

Loss of income during

2. 97,071/-

treatment.

Medical, conveyance,

3. Nutrition and Attendant 73,000/-

Charges.

Loss of future happiness

4. 1,00,000/-

and amenities.

                                  Total `           4,70,071/-


     9.     Being     aggrieved      by       the      quantum    of

compensation,       the   claimant    filed     this    appeal    for

enhancement of compensation.

10. Learned counsel for the appellant contended

that, as per the evidence of PW-2 Doctor and Ex.P16

NC: 2024:KHC:24194

disability certificate, the petitioner is suffering 18.88% to

Cervical Spine and 29.7% to left upper limb, but the

Tribunal has not awarded compensation towards the loss

of future prospects and same is liable to be granted.

Hence, seeks for enhancement of compensation.

11. Learned counsel for Respondent No.1

vehemently contended that, though the Tribunal has not

awarded any compensation towards future prospects, but

as per the evidence of PW-3, appellant is continuing his

job and drawing the same salary. Therefore, question of

granting any compensation towards loss of future

prospects does not arise and further contended that the

Tribunal has awarded `2,00,000/- towards pain and

sufferings, `97,071/- towards loss of income during the

treatment, `73,000/- towards medical, conveyance,

nutrition and attendant charges and `1,00,000/- towards

loss of future happiness and amenities awarded by the

Tribunal is on the higher side. Therefore, there is no need

for enhancing the same. Hence, prays for dismissal of the

appeal.

NC: 2024:KHC:24194

12. Having heard the learned counsel for the parties

and perused the material available on record, the point

that arises for consideration is:-

i) Whether the petitioner is entitled for loss of future earning income due to disability and enhancement of compensation, if so, what order/award?

13. Having perused the records, the accident is not

in dispute and petitioner while traveling in a Car sustained

injuries due to accident. As per Ex.P4 i.e., wound

certificate shows that the petitioner had sustained fracture

cut lacerated wound over scalp frontal region, fracture of

comminuted distal humerus, fracture of alveolar margin of

mandible, root of medial lateral incisor teeth, fracture of

ribs multiple, Spine C5 and C6 disc extension cord edema.

As per the evidence of PW-2 and Ex.P16 disability

certificate, the petitioner assessed the disability at 18.88%

to cervical spine and 29.7% to left upper limb. On the

other hand, PW-3 stated in the evidence that the

petitioner is still working in their company and his salary is

NC: 2024:KHC:24194

not decreased due to the injuries sustained by him in the

accident. Therefore, the Tribunal has considered that there

is no loss of future income to the petitioner and has not

awarded any compensation towards the same.

14. However, it is noted that appellant said to be an

Assistant Manager working in the DTDC Express Limited,

Bengaluru. Learned counsel for the appellant contends

that due to the cervical spine injury and fracture of

comminuted distal humerus, the claimant cannot sit for

long time and he may not work properly in future and

there is a chance of removing him from the work at any

time in future.

15. As per the evidence of PW-3, petitioner is still

working in their company and his salary is not decreased.

However, the treated doctor has assessed disability at

18.88% for the cervical spine injury, due to which, in

future he may not sit properly for long time which may

cause loosing the promotion in the job. Apart from that,

there is fracture of left upper limb at 29.7%. Normally, in

accident cases, 1/3rd of the disability shall be considered

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NC: 2024:KHC:24194

towards the loss of earning capacity. In the present case,

presently there may not be loss of earning capacity but

due to injuries, he may not continue his job in future and

there may be loss of future prospects.

16. In the absence of loss of income and looking

into facts and circumstance of case, it is appropriate to

consider at least 10% of the disability towards loss of

future earning capacity instead of 25% sought by the

learned counsel for the appellant. Therefore, 10% of

disability towards loss of future prospects is just and

proper in the present case on hand.

17. As per records, the Tribunal has awarded

compensation under the head 'loss of income due to

disability' is exorbitant amount towards pain and sufferings

and loss of future happiness and amenities. Therefore,

considering the facts and circumstance of case and

considering multiple injuries sustained by the petitioner,

definitely there was pain and agony suffered by him. But

an amount of `2,00,000/- awarded by the Tribunal

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NC: 2024:KHC:24194

towards pain and sufferings is exorbitant and it is

appropriate to reduce the same to `1,00,000/-.

18. The Tribunal has awarded `1,00,000/- towards

'loss of future happiness and amenities', which is

exorbitant and the same has been reduced to `50,000/-.

19. The amount awarded under remaining heads i.e.,

loss of income during treatment and medical, conveyance,

nutrition and attendant charges are kept intact.

20. Loss of future income due to disability is

assessed as under:-

The appellant is earning a sum of `32,357/- per

month and `200/- per month is deducted towards

professional tax. The income of the claimant is taken at

`32,157/-. The claimant was aged about 36 years at the

time of accident and the appropriate multiplier applicable

is '15'. The disability is considered at 10%. Hence, an

amount of `5,78,826/- (`32,157 X 12 X 15 X 10/100) is

awarded under the head 'loss of the future income due to

disability'.

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NC: 2024:KHC:24194

21. The Tribunal has not granted any amount under

the head 'future medical expenses'. However, as per the

evidence of PW-1 and PW-2, inflator is still in upper arm of

the petitioner and it should be removed. Therefore, at

least he may require `25,000/- for further surgery.

Hence, an amount of `25,000/- is awarded towards 'future

medical expenses'.

22. Thus, the appellant is entitled to the following

compensation:

Sl.No. Compensation under Amount in different Heads Rs.

1. Loss of earning capacity 5,78,826/-

2. Pain and suffering 1,00,000/-

3. Loss of income during 97,071/-

treatment

4. Medical conveyance, 73,000/-

Nutrition and Attendant charges.

5. Loss of happiness and 50,000/-

amenities

6. Future medical expenses 25,000/-

Total ` 9,23,897/-

23. Thus, total amount awarded as compensation is

`9,23,897/-, it is rounded off to `9,24,000/-.

24. Accordingly, following order is passed:

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                                              NC: 2024:KHC:24194





                        ORDER


 i.    The appeal is allowed in part.

ii.    The    judgment             and    award         dated

04.06.2020 passed in MVC No.6663/2018 by the XI Addl. Small Causes Judge and the Additional Motor Accident Claims Tribunal at Bengaluru (SCCH-12) is hereby modified.

iii. The claimant is entitled to a total compensation of `9,24,000/- as against `4,70,071/- awarded by the Tribunal with interest at the rate of 6% p.a.

iv. The Respondents are directed to deposit the compensation amount along with interest at 6% p.a. on the enhanced compensation from the date of filing of the claim petition till the date of realization, within a period of 60 days from the date of receipt of copy of this judgment.

v. The apportionment, deposit and release of amount shall be made in terms of the award of the Tribunal.

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NC: 2024:KHC:24194

vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

vii. Draw award accordingly.

Sd/-

JUDGE

ASN