Karnataka High Court
Sri. Krishna Shetty vs M/S Iffco-Tokio General Insurance Co ... on 6 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:9534
MFA No. 2207 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.2207 OF 2015(MV-I)
BETWEEN:
SRI. KRISHNA SHETTY
S/O KEMPA SHETTY,
AGED ABOUT 58 YEARS,
R/AT OF NO.105,
BANANTHAMMA EXTENSION,
JANATHA COLONY,
KANAKAPURA TOWN,
RAMANAGAR DISTRICT.
PIN-562 117.
...APPELLANT
(BY SRI. R.LAKSHMANA., ADVOCATE)
AND:
Digitally signed by 1. M/S IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
THEJASKUMAR N
Location: HIGH
BY ITS MANAGER,
COURT OF NO.2, 1ST FLOOR, SNR ARCADE,
KARNATAKA
AYYAPPA TEMPLE ARCADE,
JALAHALLI CROSS,
PEENYA,
BANGALORE-57.
2. SRI. VEERAIAH,
MAJOR, S/O HUCHEGOWDA,
NO.139, THIGALAHOSAHALLI VILLAGE,
BEKUPPE POST,
KANAKAPURA TALUK,
RAMANAGARA DIST. PIN-562 117.
-2-
NC: 2024:KHC:9534
MFA No. 2207 of 2015
3. M/S. ROYAL SUNDARAM ALLIANCE
INSURANCE CO. LTD.,
BY ITS MANAGER,
2ND FLOOR, BRIGADE ROAD,
NEAR BRIGADE TOWER,
BANGALORE-25.
NOW IT IS SHIFTED TO
M/S. ROYAL SUNDARAM ALLIANCE
INSURANCE CO. LTD.,
BY ITS MANAGER, 2ND FLOOR,
OPPOSITE TO HMG GRANITE HOUSE,
NIMHANS HOSPITAL ROAD,
WILSON GARDEN,
BANGALORE-560 027.
4. SRI. MOHAN RAO
S/O KUPPANNA BHAT,
OFFICER, CORPORATION BANK,
SERVICE BANK, 2ND FLOOR,
DOOR NO.30,
RALLA RAM BUILDING,
MISSION ROAD,
BANGALORE-27.
...RESPONDENTS
(BY SRI. D.VIJAYAKUMAR., ADVOCATE FOR R1;
NOTICE TO R2 AND R4-DISPENSED WITH
V/O DATED:15.06.2016;
SRI. M.ARUN PONAPPA., ADVOCATE FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 23.12.2014
PASSED IN MVC NO.2796/2012 ON THE FILE OF THE XII
ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT,
BANGALORE.
-3-
NC: 2024:KHC:9534
MFA No. 2207 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.M.Arun Ponappa., learned counsel for respondent No.3
have appeared in person.
2. Though the appeal is listed today for admission, 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 31st day of
January 2012 at about 5:30 pm., he was proceeding in a auto-
rickshaw bearing Registration No.KA-42-4807 as a passenger,
when the said auto rickshaw came near Devarakaggalahalli
Gate on NH209, Bengaluru-Kanakapura road, at that time the
driver drove the auto rickshaw in a rash and negligent manner
and lost control over it and it was turned turtled and hit the Car
bearing Registration No.KA-01-MB-921, as a result the claimant
and other passengers in the said auto rickshaw sustained
injuries and one person died on the spot. The claimant
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sustained fracture to his right leg and other multiple injures. He
was shifted to Government Hospital, Kanakapura, wherein he
took first aid treatment and later he was shifted to Sanjay
Gandhi Hospital, Bengaluru, wherein he was treated as an in-
patient. Contending that he sustained injuries on account of the
accident, the claimant filed claim petition seeking
compensation.
In response to the notice, respondent No.2 did not appear
before the Tribunal and hence, he was placed ex-parte.
Respondents 1, 3 and 4 appeared through their counsel and
filed separate written statement 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:23.12.2014 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 respective parties 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
claimant is entitled for enhanced compensation?
7. The facts are sufficiently stated and do not require
reiteration. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The Tribunal
taking note of the material evidence on record concluded that
the Claimant sustained injuries due to the accident.
The grounds urged in the present appeal are mainly
relating to the meager compensation awarded under different
heads by the Tribunal. The Claimant has suffered pain and
agony owing to the injuries sustained in the accident in
question.
It is noticed that the Tribunal awarded Rs.79,200/-
(Rupees Seventy Nine Thousand Two Hundred only) towards
loss of future earning. It is contended that the claimant was
working as Mason and was earning Rs.6,000/- (Rupees Six
NC: 2024:KHC:9534
Thousand only) per month. However, there is no proof of
income. In the absence of proof of income, the chart prepared
by the Legal Service Authority must be taken into
consideration. As per the chart, if the accident is occurred in
the year 2012, the salary of the injured must be taken as
Rs.7,000/- (Rupees Seven Thousand only) per month. The age
of the claimant was 55 years as on the date of accident, hence
the multiplier 11 is to be adopted. It is said that the claimant
has suffered total disability of 12%. Hence, the amount towards
loss of future earning is calculated as under:
Rs.7,000/- X 12 X 11 X 12/100 = Rs.1,10,880/-
The compensation under the heads pain and suffering,
loss of income during laid up period, medical bills, loss of
amenities, conveyance, food and nourishment, attendant
charges, etc., and future medication awarded by the Tribunal
remains intact.
8. Accordingly, this Court re-determines the
compensation as under:-
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1. Pain and Sufferings 50,000 Rs.50,000/-
2. Loss of income during 15,000 Rs.15,000/-
laid up period
3. Medical Bills 4,210 Rs.4,210/-
4. Loss of future earning 1,10,880 Rs.1,10,880/-
5. Loss of amenities, 25,000 Rs.25,000/-
conveyance, food and
nourishment, attendant
charges, etc.,
6. Future medication 10,000 Rs.10,000/-
Total: Rs.2,15,090/-
(Less) Compensation awarded by the -Rs.1,83,410/-
Tribunal:
Enhanced compensation awarded by Rs.31,680/-
this Court:
Rounded off : Rs.32,000/-
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.
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9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:23.12.2014
passed by the Motor Accident Claims Tribunal,
Bangalore (SCCH-8) in M.V.C No.2796/2012 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.32,000/- (Rupees Thirty Two
Thousand only) with interest at the rate of 6% per
annum from the date of the claim petition till the
date of realization.
3. The first and third respondent -
Insurance Companies are jointly and severally
directed to deposit the enhanced compensation
amount along with 6% interest within a period of
two months from the date of receipt of the certified
copy of this Judgment.
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4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
