Karnataka High Court
National Insurance Co. Ltd vs Somu @ Somasundar on 5 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:9245
MFA No. 8050 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.8050 OF 2016(MV-I)
BETWEEN:
NATIONAL INSURANCE CO. LTD.,
VISHWESHWARAIAH ROAD I FLOOR,
# 1576 P.B.NO.84, MANDYA - 571 040.
NOW REPRESENTD BY ITS REGIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, SUBHARAM COMPLEX,
144, M.G.ROAD,
BANGALORE - 560 001.
...APPELLANT
(BY SRI.A.N.KRISHNASWAMY., ADVOCATE)
AND:
1. SOMU @ SOMASUNDAR
S/O SHIVANNA,
NOW AGED ABOUT 32 YEARS,
Digitally signed by R/A # 70, 13-B, MAIN ROAD,
THEJASKUMAR N
Location: HIGH
J BLOCK, KANAKADASANAGARA,
COURT OF DATTAGALLI, III BLOCK,
KARNATAKA
MYSURU - 571 315.
2. SHASHANK.H.P.
S/O PAPEGOWDA,
AGED ABOUT 27 YEARS,
R/A # 872, EIDGARA STREET,
H.N.PURA,
HASSAN DISTRICT - 573 214.
...RESPONDENTS
(BY SRI. MANJUNATHA.K., ADVOCATE FOR R1;
SRI. G.S.MURALIDHARA., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:9245
MFA No. 8050 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:17.03.2016
PASSED IN MVC NO.993/2013 ON THE FILE OF THE JUDGE,
ADDITIONAL COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE,
MYSURU.
THIS MISCELLAENOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.A.N.Krishna Swamy., learned counsel for the appellant
and Sri.Manjunatha.K., learned counsel for respondent No.1
have appeared in person.
2. Though the appeal is listed today for admission,
with the consent of learned counsel for the respective parties, it
is heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
4. It is the case of the claimant that on the 18th day of
November 2012 at about 5:15 pm., he was proceeding in his
two wheeler Bajaj Discover bearing Registration No.KA-10-K-
9550 with pillion riders at T.Narasipura - Bannur Road from
Athhalli towards Kunthahali Gate in cross road of
Ganiganakoppalu, at that time, the driver of Maruti Swift Car
bearing Registration No.KA-11-M-2899 came in a rash and
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negligent manner from T.Narasipura and hit the claimant. Due
to the impact, the claimant sustained grievous injuries to his
left leg and all over the body. Immediately, he was shifted to
Bannur Government Hospital and thereafter, shifted to
K.R.Hospital, Mysuru, wherein he took treatment from
10.11.2012 to 10.12.2012 as an in-patient and underwent
operation and rod was inserted to his left leg. Contending that
the accident occurred due to the rash and negligent driving of
the driver of Maruti Swift Car, the claimant filed claim petition
seeking compensation.
In response to the notice, the respondents appeared
through their counsel and filed separate objections and denied
the petition averments. Among other grounds, they prayed for
dismissal of the petition.
Based on the above pleadings, the Tribunal framed
Issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:17.03.2016 partly allowed the
petition. It is this Judgment that is called into question in this
appeal on several grounds as set-out in the Memorandum of
appeal.
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5. Learned counsel for the appellant and respondent
No.1 have urged several contentions. Heard, the contentions
urged on behalf of the respective parties and perused the
appeal papers and also the records with utmost care.
6. The point that requires consideration is whether the
Judgment passed by the Tribunal requires interference?
7. The facts are sufficiently stated and do not require
reiteration. The Tribunal extenso referred to the material on
record and awarded compensation of Rs.4,69,320/- (Rupees
Four Lakh Sixty Nine Thousand Three Hundred and Twenty
only) with 6% interest from the date of petition till its
realization.
It is noticed that the Tribunal has awarded Rs.3,28,320/-
(Rupees Three Lakh Twenty Eight Thousand Three Hundred and
Twenty only) towards Loss of future income by taking the
income as Rs.9,000/- (Rupees Nine Thousand only). This is
incorrect. Ex.P.7 is the salary slip of the claimant. A perusal of
the same reveals that the income of the claimant was
Rs.6,337/- (Rupees Six Thousand Three Hundred and Thirty
Seven only) in the month of October, 2012. Since the accident
occurred in the month of November, the Tribunal ought to have
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considered the income at Rs.6,337/- (Rupees Six Thousand
Three Hundred and Thirty Seven only) instead Rs.9,000/-
(Rupees Nine Thousand only). Therefore, this Court deems it
appropriate to re-assess the compensation awarded towards
Loss of Future Income as under:
6,337 X 12 X 16 X 19/100 = Rs.2,31,173/-
Needless to observe that compensation awarded under
other heads remains intact. Accordingly, this Court re-
determines the compensation as under:-
1. Loss of Future Income 2,31,173 Rs.2,31,173/-
2. Pain, Shock and 30,000 Rs.30,000/-
Sufferings
3. Loss of amenities of life, 10,000 Rs.10,000/-
happiness and frustration
4. Conveyance, attendant 15,000 Rs.15,000/-
charges, food and
nourishment
5. Loss of income during laid 24,000 Rs.24,000/-
of period
6. Medical expenses 42,000 Rs.42,000/-
7. Marriage Prospectus 10,000 Rs.10,000/-
8. Loss of expectation of life 10,000 Rs.10,000/-
Re-assessed compensation: Rs.3,72,173/-
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Therefore, the claimant is entitled for re-assessed
compensation of Rs.3,72,173/- (Rupees Three Lakh Seventy
Two Thousand One Hundred and Seventy Three only).
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment
dated:17.03.2016 passed by the Addl. Small
Causes and Senior Civil Judge, Mysuru in M.V.C
No.993/2013 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the
reassessed compensation of Rs.3,72,173/- (Rupees
Three Lakh Seventy Two Thousand One Hundred
and Seventy Three only) with interest at the rate of
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6% per annum from the date of the claim petition
till the date of realization.
3. The Insurance Company has deposited a
sum of Rs.2,09,600/- (Rupees Two Lakh Nine
Thousand Six Hundred only) vide Cheque bearing
No.527562 dated:20.01.2017. The balance amount
shall be deposited by the Insurance Companies
with 6% interest within a period of two months
from the date of receipt of the certified copy of this
Judgment.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records and the amount in deposit if any to the
concerned Tribunal forthwith for refund of the same
to the Insurance Company.
Sd/-
JUDGE
TKN
