Karnataka High Court

Sri.Shivashankar vs Cholamandalam Ms General Ins. Co.Ltd on 6 March, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                              -1-
                                                             NC: 2024:KHC:9557
                                                          MFA No. 5425 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF MARCH, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                   MISCELLANEOUS FIRST APPEAL NO.5425 OF 2021(MV-I)
                   BETWEEN:

                   1.    SRI.SHIVASHANKAR,
                         S/O LATE VENKATAPPA,
                         AGED ABOUT 44 YEARS,
                         RESIDING AT:
                         AADANAKUPPE VILLAGE,
                         KALLANAKUPPE POST,
                         KANAKAPURA TALUK,
                         RAMANAGARA DISTRICT - 562 117.
                                                                  ...APPELLANT
                   (BY SRI. GIRIMALLAIAH., ADVOCATE)
                   AND:

                   1.    CHOLAMANDALAM MS GENERAL,
                         INSURANCE COMPANY LTD.,
                         UNIT-IV, 9TH FLOOR, LEVEL-06,
                         GOLDEN HEIGHT, 59TH "C" CROSS,
Digitally signed         INDUSTRIAL SUBURB,
by GAYATHRI P            RAJAJINAGAR 4TH M BLOCK,
G                        RAJAJINAGAR - 560 010.
Location: High           BY ITS MANAGER,.
Court of
Karnataka          2.    MR. DILEEPA. T. R.,
                         S/O. RAMACHANDRA,
                         MAJOR,
                         (AGE NOT KNOWN TO APPELLANT)
                         R/AT: THAMASANDRA CIRCLE,
                         KALLAHALLI POST,
                         KANAKAPURA TALUK,
                         RAMANAGARA DISTRICT - 562 117.
                                                      ...RESPONDENTS
                   (BY SRI. HALASHETTI JAGADISH SIDRAMAPPA., ADVOCATE
                            FOR R1 AND R2.)
                                     -2-
                                                     NC: 2024:KHC:9557
                                               MFA No. 5425 of 2021




      THIS MFA IS FILED U/S 173(1) OF MEMORANDUM OF

MISCELLANEOUS FIRST APPEAL UNDER SECTION 173(1) OF

M.V.ACT,        AGAINST       THE         JUDGMENT     AND     AWARD

DT.04.08.2021 PASSED IN MVC NO.5209/2019 ON THE FILE OF

THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU,

(SCCH-11),         PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION            AND      SEEKING           ENHANCEMENT        OF

COMPENSATION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

This appeal is preferred by the claimant challenging

the judgment and award dated 04.08.2021 passed in

MVC.No.5209/2019 by Motor Accident Claims Tribunal, Ist

Additional Small Causes Judge and MACT (SCCH-11),

Bangalore, (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. Brief facts of the case is as under:

NC: 2024:KHC:9557

It is stated that the claimant was a pedestrian going

on the side of the road SH-03 Kanakapura - Ramanagara Road,

near Megalabeedi Petrol Bunk, Kanakapura Town, at that time,

the rider of Motor cycle bearing reg No.KA-42-W-5314 came

with high speed in rash and negligent manner and dashed

against the claimant. Due to the impact of the accident

claimant was thrown away from distance suffered grievous

injuries to the left hand. He was shifted to Kanakapura

Government Hospital, where first aid treatment was given, and

then shifted to Sanjay Gandhi Hospital, Bangalore, where he

was inpatient for nine days due to the injuries suffered in the

accident, financial expenses were incurred. Hence, he filed a

claim petition seeking compensation.

3.1. On service of notice, respondent No.2 was

placed ex-parte. Respondent No.1 has filed statement of

objection, denying the claim of the claimant including age,

avocation, income and disability. On these grounds he sought

for dismissal of claim petition.

3.2. On the basis of pleadings, the tribunal framed

relevant issues for consideration.

NC: 2024:KHC:9557

3.3. In order to substantiate the issue to establish

the case, the claimant got examined himself as PW.1 and PW.3,

the Doctor as PW.2 and got marked documents as Exs.P1 to

P11. On the other hand, respondent got examined RW.1 and

got marked document as Ex.R1.

3.4. On the basis of material placed on record both

oral and documentary. While considering the evidence on

hearing the submissions of learned counsel for both the parties,

the tribunal awarded compensation of Rs.2,11,800/- with

interest @ 9% per annum and directed the respondent No.1 -

Insurance company to pay the compensation within one month.

3.5. Being aggrieved by the meager compensation

awarded by the tribunal, the claimant is before this Court

challenging the impugned judgment and award.

4. The main contention of learned counsel for

the insurance company is that, the tribunal has committed an

error in awarding meager compensation, which calls for

interference at the hands of this Court. Accordingly, he seeks

enhancement of compensation.

5. Per contra, learned counsel for respondent -

Insurance Company submits that the tribunal has rightly

NC: 2024:KHC:9557

awarded just and reasonable compensation, which does not call

for interference. Therefore, on these grounds, he seeks to

dismiss the appeal.

6. Having heard the learned counsel for the

appellant-claimant and learned counsel for respondent -

Insurance Company and perused the impugned judgment and

award, the claimant has produced the documents as Exs.P1 to

P.11. On careful perusal of these documents, the police

records of P.1 to P.6 depict the filing of FIR and charge sheet

against driver of the motor cycle. Hence, negligence is rightly

attributed against him. Ex.P7 to P11 are the medical bills,

Prescriptions and discharge summary.

7. Now coming to the question of age,

avocation, income and disability for awarding compensation

claimant age was 42 years as on the date of occurrence of

accident. The income taken by the tribunal is Rs.10,000/- per

month where as the notional income Legal Services Authority

chart for the year 2019 prescribes the income of Rs.14,000/-

per month. Accordingly, income is taken as Rs.14,000/- per

month.

NC: 2024:KHC:9557

8. The Doctor was examined as PW.2 who

opined permanent disability from left upper limb at 17% and he

has opined disability to the whole body in proper manner

however disbelieving the evidence of the doctor, Tribunal has

assessed the disability at 6% to the whole body. I do not find

any need to interference, same is retained.

9. Therefore, the loss of future income due to

disability would be (14000 x 12 x 14 X 6% = Rs.1,41,120/-)

Rs.1,41,120/-, as against Rs.1,00,800/- awarded by the

Tribunal.

10. Towards pain and suffering Tribunal has

awarded Rs.45,000/- same is retained.

11. Towards medical expenses Tribunal has

awarded Rs.12,400/- same is retained.

12. Towards food, nourishment and attendant and

conveyance Tribunal has awarded Rs.13,600/- same is

retained.

13. Towards loss of income during laid-up-period

Rs.20,000/- is awarded which is on the lower side. In view of

this Court enhancing the income per month to be (Rs.14,000 X

3 = Rs.42,000/-) Rs.42,000/- is awarded.

NC: 2024:KHC:9557

14. Towards loss of amenities is awarded

Rs.10,000/- which is on lower side additional (Rs.10,000 +

Rs.25,000 = Rs.35,000/-) Rs.35,000/- is awarded under this

head.

15. Towards future medical expenses Rs.10,000/-

is awarded by the Tribunal, same is retained.

16. In view of the above, the claimant would be

entitled to a total compensation of Rs.2,99,120/- as against

2,11,800/- as mentioned in the table below.

                Heads                         Amount in Rs.

Loss of future income                                      1,41,120-00

Pain and sufferings                                         45,000-00

Loss of amenities                                           35,000-00

Laid-up period                                              42,000-00

Food,    conveyance            and                              3,600-00
attendant charges

Medical expenses                                            12,400-00

Future medical expenses                                     10,000-00

                TOTAL                                     2,99,120-00

17. Accordingly, I pass the following:

ORDER

NC: 2024:KHC:9557

i) The appeal is allowed-in-part;

ii) The judgment and award dated 04.08.2021 passed by

Motor Accident Claims Tribunal, Ist Additional Small

Causes Judge and MACT (SCCH-11), Bengaluru, in

MVC.No.5209/2019 is modified;

iii) The claimant is entitled to a sum of Rs.2,99,120/- as

against Rs.2,11,800/-

iv) The enhanced compensation amount shall carry

interest at 6% per annum which shall be paid within

four weeks from the date of receipt of a copy of this

order;