Karnataka High Court

Sri Pradeepa T K vs Shriram General Insurance Company Ltd on 7 March, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

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                                                            NC: 2024:KHC:9674
                                                       MFA No. 6097 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 7TH DAY OF MARCH, 2024

                                           BEFORE

                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

                    MISCELLANEOUS FIRST APPEAL NO. 6097 OF 2022 (MV-I)
                   BETWEEN:
                       SRI PRADEEPA T K
                       S/O KARAIAH,
                       AGED ABOUT 29 YEARS,
                       RESIDING AT: THAMASANDRA,
                       KALLAHALLI POST,
                       KANAKAPURA TALUK,
                       RAMANAGARA DISTRICT - 562 117.
                                                        ...APPELLANT
                   (BY SRI. GIRIMALLAIAH., ADVOCATE)

                   AND:
                   1. SHRIRAM GENERAL INSURANCE COMPANY LTD.,
                      NO. 5/4, 3RD FLOOR,
                      S V ARCADE,
                      BILEKAHALLI MAIN ROAD,
                      BILIKAHALLI,
                      B G RAOD, IIM POST,
Digitally signed      BENGALURU - 560 076.
by V KRISHNA          BY IT'S MANAGER.
Location: High
Court of           2.    MR MALLESHA. G
Karnataka                S/O GURULINGAPPA MAJOR,
                         (AGE R-2 NOT KNOWN TO APPELLANT)
                         BWSSB ROAD,
                         OPP. INDIAN SCHOOL
                         RANGANATHA EXTENSION,
                         KANAKAPURA,
                         RAMANAGARA DISTRICT - 562 159.
                                                           ...RESPONDENTS
                   (BY SRI. PRADEEP B., ADVOCATE FOR R1;
                       VIDE ORDER DATED 16.02.2024, NOTICE TO R2 IS
                       DISPENSED WITH;)
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                                                NC: 2024:KHC:9674
                                             MFA No. 6097 of 2022




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.04.2022 PASSED IN MVC
NO. 1878/2019 ON THE FILE OF THE MEMBER, MACT, XVIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
CITY (SCCH-4), 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

This appeal is preferred by the claimant challenging the

judgment and award dated 07.04.2022 passed by Motor

Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-4)(for

short 'the tribunal') in MVC.No.1878/2019. This appeal is

founded on the premise of inadequate and meagre

compensation. Hence, the appellant seeks enhancement of

compensation.

2. Parties to the appeal shall be referred to as per

their status before the tribunal.

3. Brief facts of the case are as under;

That on 18.02.2019 at about 8.10 p.m, the claimant was

riding his TVS Appachi Motorcycle bearing registration No.KA-

05-KF-4874 carefully and cautiously on the left side of the road

NC: 2024:KHC:9674

at Shanimahatma temple, kallahalli village, Kanakapura Taluk.

At this time driver of the Bajaj Auto bearing registration No.KA-

42-A-9746 came from the opposite direction in a rash and

negligent manner and dashed against the motorcycle of the

claimant. The claimant suffered grievous injuries and took first

aid treatment initially at Kanakapura Government Hospital and

thereafter shifted to Sanjay Gandhi Trauma and Orthopedic

Centre Hospital, where he was inpatient for 34 days.

3.1. Prior to the accident, claimant was hale and healthy

and was working as a "Professional Driver" of heavy goods

vehicle earning Rs.23,000/- p.m. Due to the injuries suffered,

financial expenditures met and also the permanent physical

disability, the claimant filed claim petition seeking

compensation.

3.2. On service of notice, respondent No.2 remained

absent and was placed ex-parte. Respondent No.1 - Insurance

Company filed statement of objections denied the claims of the

claimant including age, avocation, income and the negligence

attributed against the driver of the offending vehicle and sought

for dismissal of the claim petition. It is also pleaded that the

false and frivolous complaint has been registered to make

NC: 2024:KHC:9674

unlawful gain. Further pleaded that the driver of the Bajaj Auto

did not possess a valid and effective driving license and thereby

he has violated the terms and conditions of the policy. Hence,

the liability is to be absolved as against the Insurance

Company. Accordingly, sought for dismissal of the claim

petition.

3.3. On the bases of pleadings, the tribunal framed

relevant issues for consideration.

3.4. In order to substantiate the issues and to establish

the case, the claimant got examined himself as PW.1, Doctor as

PW.2 and another one as PW.3 and got marked documents as

Exs.P1 to P15. On the other hand, respondent got examined as

RW.1 and RW.2 and got marked documents as Exs.R1 to R3.

3.5. On the basis of material evidence, both oral and

documentary and on hearing the submissions of learned

counsel for both parties, the tribunal awarded compensation of

Rs.4,13,566/- with interest at 6% p.a. and directed respondent

No.1 to deposit the compensation amount within 30 days.

NC: 2024:KHC:9674

3.6. Being aggrieved by the meagre compensation

awarded by the tribunal, the claimant is before this Court

challenging the impugned judgment and award.

4. The main contention of the learned counsel for

appellant-claimant is that, the tribunal has committed an error

in awarding meagre 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 awarded just and

reasonable compensation, which does not call for interference.

Therefore, on these grounds, he seeks to dismiss the appeal.

6. Having heard learned counsel for the appellant and

learned counsel for the Insurance Company perused the

impugned judgment and award. On perusal of Exs.P1 to P6 are

the police records, which depict the filing of FIR and charge

sheet against the driver of the offending vehicle. Thereby

negligence is rightly attributed against the driver of the

offending vehicle. Exs.P9 to P15 are the copy of the driving

license, Insurance policy, medical records and copy of the

NC: 2024:KHC:9674

Aadhaar Card to show the injury sustained by the claimant,

disability suffered and his avocation with regard to being a

professional driver, the tribunal as assessed the income of the

claimant to be Rs.14,000/- p.m.

7. Doctor has been examined as PW.2 who opined the

disability to an extent of 20% to the right lower limb and

disability to the whole body is taken at 7% by the tribunal. I

do not find any need to interfere with the disability assessed by

the Doctor. However, taking into consideration the avocation of

the claimant to be a driver of a heavy goods vehicle and having

produced Ex.P9 the driving license to show that the claimant

was a professional driver of the heavy goods vehicle cannot be

equated with the daily wager/coolie to award notional income

as he had technical expertise in driving as a professional driver.

8. Learned counsel for the appellant relies on the

judgment in the case of Sushila and others v/s. Ram

Swaroop and others Reported in 2023 ACJ 2028, wherein

similar circumstances of death of a driver of heavy goods

vehicle, the Hon'ble Apex Court has considered income to be

taken at Rs.20,000/-p.m including daily allowances. Applying

the same in the present case as well, the income required to be

NC: 2024:KHC:9674

enhanced to Rs.20,000/-p.m including daily allowances as

against Rs.14,000/- adopted by the tribunal. In view of the

above the loss of future earning income due to disability would

be Rs.2,85,600/- (Rs.20,000/- x 12 x 17 x 7%) as against

Rs.1,99,920/- awarded by the tribunal.

9. Towards loss of income during laid up period, the

tribunal has awarded Rs.63,376/-. The claimant would require

atleast four months period to recuperate and to get back to his

normal day to day activities. Therefore, the claimant would be

entitled to Rs.80,000/- (Rs.20,000/- x 4) under this head.

10. Towards food, nourishment, conveyance charges

and attendant charges tribunal has awarded Rs.10,000/- +

Rs.30,000/- =Rs.40,000/-, same is retained.

11. Towards loss of amenities and happiness, the

tribunal has not awarded any amount. This Court deems it

appropriate to award Rs.25,000/- under this head.

12. Towards pain and suffering tribunal has awarded

Rs.80,000/-. Same is retained.

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13. Towards medical expenses a sum of Rs.30,270/- is

awarded on the basis of actual bills produced by the claimant.

Same is retained.

14. Towards future medical expenses, the Doctor has

opined that the claimant would require Rs.18,000/- to

Rs.20,000/-. This Court deems it appropriate to award

Rs.15,000/- under this head.

15. In view of the above, the claimant would be entitled

to a total compensation of Rs.5,55,870/- along with interest

at 6% p.a as against Rs.4,13,566/- as mentioned in the table

below:

            Head                          Amount in Rs.

Loss of future income                               Rs.2,85,600-00

Pain and suffering                                   Rs.80,000-00

Loss of Amenities                                    Rs.25,000-00

Loss of income during laid up                        Rs.80,000-00
period
Food,     conveyance      and                        Rs.40,000-00
attendant charges
Medical expenses                                     Rs.30,270-00

Future medical expenses                              Rs.15,000-00

            TOTAL                                  Rs.5,55,870-00

                                                NC: 2024:KHC:9674

16. Accordingly, I pass the following:

ORDER

i) The appeal is allowed-in-part;

ii) The judgment and award dated 07.04.2022 passed by Motor Accident Claims Tribunal, Bengaluru City in MVC.No.1878/2019 is modified;

iii) The claimant would be entitled to a sum of Rs.5,55,870/- as against Rs.4,13,566/-. The claimant would be entitled to an interest at 6% per annum;

iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. within a period of four weeks from the date of receipt of a copy of this order;