Karnataka High Court
Kum.A.P.Chaitra vs The Iffco Tokio General Insurance Co Ltd on 27 May, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
-1-
NC: 2024:KHC:17662
MFA No. 3693 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
MISCELLANEOUS FIRST APPEAL NO.3693 OF 2022 (MV)
BETWEEN:
KUM. A.P. CHAITRA,
D/O. AJJAIAH,
AGED ABOUT 23 YEARS,
R/O A.D. COLONY VILLAGE,
JAGALUR TOWN AND TALUK,
DAVANAGERE DISTRICT - 577 528.
...APPELLANT
(BY SRI. V.B. SIDDARAMAIAH, ADVOCATE)
AND:
1. THE IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
PACRD BANK, KUVEMPU ROAD,
(LAWYERS STREET),
DAVANAGERE-577 006.
REPRESENTED BY ITS LEGAL MANAGER.
Digitally 2. K.M. ASHOK KUMAR,
signed by S/O. K.M. BASAVALINGAIAH,
SOWMYA D AGED ABOUT 50 YEARS,
Location: R/O. ASHWATH REDDY NAGAR,
High Court JAGALUR TOWN AND TALUK,
of Karnataka DAVANAGERE DISTRCT-577 528.
3. SRI. ZAKAULLA,
S/O. AMANULLA KHAN,
MAJOR-AGE NOT KNOWN TO APPELLANT,
R/O MUSLIM COLONY,
NO.123, OLD TALUK OFFICE ROAD,
JAGALUR TOWN AND TALUK,
DAVANAGERE-577 528.
-2-
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MFA No. 3693 of 2022
4. THE NATIONAL INSURANCE CO. LTD.,
MELGIRI PLAZA,
OPP. DENTAL COLLEGE,
MCC B-BLOCK,
DAVANAGERE-577 006.
REPRESENTED BY ITS LEGAL MANAGER.
...RESPONDENTS
(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R1;
VIDE ORDER DATED 19.07.2022, NOTICE TO R2 AND R3
IS DISPENSED WITH;
SRI. C. SHANKAR REDDY, ADVOCATE FOR R4.)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 28.04.2021
PASSED IN MVC NO.780/2018 ON THE FILE OF THE SENIOR
CIVIL JUDGE, ITINERARY COURT, MACT, JAGALUR, 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 appellant/claimant has filed this appeal under
Section 173(1) of MV Act, 1988, seeking enhancement of
the compensation awarded by the Senior Civil Judge,
Jagaluru/MACT ('Tribunal for short') in MVC No.780/2018
dated 28.04.2021.
2. The brief factual matrix leading to the case are
that, on 06.09.2017 at 1.30 pm, when the appellant was
travelling in autoriskshaw, bearing registration
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No.KA-17/C-8727, the driver of the auto drove the
autoriskshaw in a rash and negligent manner, as a result
it turtled on the right side of the road resulting in
accident. The appellant suffered grievous injuries on her
forearm and she was admitted initially in Government
Hospital, Jagalur and later on she was shifted to S.N.R.
Hospital, Davanagere, wherein, and she has taken
treatment as inpatient from 06.09.2017 to 13.09.2017.
It is further asserted that she has spent more than
Rs.1,50,000/- towards medical expenses and she is
permanently disabled. Hence, she filed petition claiming
compensation of Rs.10,00,000/-.
3. The claim petition was resisted by respondent
No.4/respondent No.1 herein. The Tribunal after
appreciating the oral and documentary evidence has
awarded a total compensation of Rs.89,000/- with
interest at the rate of 9% from the date of petition, by
fastening the liability on M/s IFFCO TOKIO General
Insurance Co. Ltd./respondent No.1, herein. Being
aggrieved by this award, the claimant is before this Court
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seeking enhancement of compensation awarded by the
Tribunal.
4. Heard the arguments advanced by the learned
counsel for the appellant and learned counsel for the
respondent No.1/Insurance Company. Perused the
records.
5. Learned counsel for the appellant would submit
that compensation awarded under the head of pain and
suffering is on lower side. He would also assert that no
compensation was awarded under the heads of loss of
amenities, laid up period and attendant charges. Hence,
he would seek for enhancement of compensation.
6. Per contra, learned counsel for the respondent
No.1/Insurance Company would submit that
compensation awarded by the tribunal is reasonable one
and sought for dismissal of the appeal.
7. Having heard the arguments and on perusing the
records, it is evident from Exs.P-7 and P-9 that appellant
has suffered fracture of both the bones of right forearm.
There is no dispute regarding the fact that appellant was
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travelling in the offending auto and the auto was insured
with the respondent No.1/Insurance Company herein.
The dispute is only pertaining to quantum of
compensation.
8. The Tribunal after appreciating the oral and
documentary evidence, has awarded a global
compensation of Rs.89,000/-, i.e., Rs.30,000/- for
injuries, Rs.54,500/- towards medical expenses and
Rs.4,500/- under the head of conveyance.
9. The appellant had suffered fracture of the both
the bones of the right forearm and she was inpatient in
the hospital for nearly eight days. The Tribunal has
committed an error in awarding global compensation of
Rs.89,000/-.
10. Considering the nature and gravity of the
injuries, I propose to award a sum of Rs.50,000/- under
the head of the pain and sufferings.
11. Further. the tribunal has not awarded any
compensation under the head of Loss of Amenities.
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Hence, under this head, I propose to award of
Rs.20,000/-.
12. The petitioner ought to have been prevented
from attending her normal duties during her treatment at
least for one month. Considering this aspect, I propose
to award Rs.5,000/- under the head of Loss of Income
During Laid-up Period and towards attendant charges, I
propose to award Rs.10,000/-; and towards medical
expenses, I propose to award Rs.55,000/- as against
Rs.54,500/- awarded by the Tribunal. Hence, the
claimant would be entitled for total compensation of
Rs.1,40,000/- as against Rs.89,000/- awarded by the
Tribunal. The award of revised compensation is as
under:
Heads Amount in Rs.
Injuries, Pain and suffering 50,000-00
Medical expenses 55,000-00
Loss of Income during laid up period 5,000-00
Loss of Amenities 20,000-00
Attendant charges & Conveyance 10,000-00
Charges
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TOTAL 1,40,000-00
Award of Tribunal 89,000-00
Enhanced Compensation 51,000-00
13. In the facts and circumstances of the case, the
claimant is entitled for a total compensation of
Rs.1,40,000/- as against Rs.89,000/- awarded by the
Tribunal. Hence, the appeal needs to be allowed-in-part
and accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed- in-part.
ii. The claimant is held entitled for total compensation
of Rs.1,40,000/- as against the Rs.89,000/-
awarded by the Tribunal.
iii. The enhanced compensation of Rs.51,000/-
(Rs.1,40,000-Rs.89,000) shall carry interest at the
rate of 6% from the date of petition, till realization.
iv. The entire liability is fastened on respondent No.1/
Insurance Company and the Respondent
No.1/Insurance Company is directed to deposit the
enhanced compensation with accrued interest within
four weeks from today.
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v. Entire enhanced compensation with accrued
interest shall be realised in favour of the appellant.
Sd/-
JUDGE
PTM
