Karnataka High Court
Sri Vijay Bhaskar M R vs Sri Raghupathi Prem Kumar on 5 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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MFA No. 8845 of 2018
C/W MFA No. 8846 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MFA NO. 8845 OF 2018 C/W
MFA NO. 8846 OF 2018 (MV-I)
IN MFA No. 8845/2018
BETWEEN:
SRI VIJAY BHASKAR M R
S/O RAMARAO M S
AGED ABOUT 45 YEARS
R/AT NO 176
KONANAKUNTE CROSS
KONANAKUNTE BANGALORE - 560 062 ...APPELLANT
(BY SRI. A S GIRISH., ADV.)
AND:
1. SRI RAGHUPATHI PREM KUMAR
S/O RAGHUPATHY RAMASWAMY
Digitally signed MAJOR IN AGE, R/AT NO 11-1
by KIRAN
KUMAR R KRISHNA MURTHY LAYOUT
Location: HIGH VARJAHALLI ROAD, GANIGARAPALYA HOSAHALLI
COURT OF BANGALORE - 560 062
KARNATAKA
2. TATA AIG GENERAL INSURANCE
COMPANY LIMITED, 2ND FLOOR
J P AND DEVI CHEMBUKESHAVA
ARCADE, NO 69, MILLERA ROAD
BANGALORE - 560 057
BY ITS MANAGER ...RESPONDENTS
(BY SRI.O.MAHESH, ADV. FOR R2;
VIDE ORDER DATED 21.08.2024,
NOTICE TO R1 IS HELD SUFFICIENT)
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MFA No. 8845 of 2018
C/W MFA No. 8846 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 07/07/2018,
PASSED IN MVC NO.4559/2016, ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM., MEMBER,
MACT, (SCCH-5), BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN MFA NO.8846/2018
BETWEEN:
SMT BHAGYAVATHI G H
W/O VIJAY BHASKAR M R
AGED ABOUT 45 YEARS
R/AT NO.176
KONANAKUNTE CROSS
KONANAKUNTE
BANGALORE-560 062 ...APPELLANT
(BY SRI. A S GIRISH., ADV.)
AND:
1. SRI RAGHUPATHI PREM KUMAR
S/O RAGHUPATHY RAMASWAMY
MAJOR IN AGE, R/AT NO.11-1
KRISHNA MURTHY LAYOUT
VARJAHALLI ROAD
GANIGARAPALYA, HOSAHALLI
BANGALAORE-560 062
2. TATA AIG GENERAL INSURANCE
COMPANY LIMITED, 2ND FLOOR
J P AND DEVI CHEMBUKESHAVA ARCHADE
NO.69, MILLERS ROAD, BANGALORE-560 057
BY ITS MANAGER ...RESPONDENTS
(BY SRI.O.MAHESH, ADV. FOR R2;
VIDE ORDER DATED 12.08.2024
NOTICE TO R1 IS HELD SUFFICIENT)
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MFA No. 8845 of 2018
C/W MFA No. 8846 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 07.07.2018
PASSED IN MVC NO.4560/2016 ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM,
MEMBER-MACT, BENGALURU,(SCCH-5), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant - Vijay Bhaskar M R (the appellant in
MFA No.8845 of 2018) is in appeal being dissatisfied
with the compensation of Rs.3,01,000/- awarded by
the Tribunal for the injuries suffered by him.
2. The occurrence of the accident and the liability of the
insurer to satisfy the compensation is not in dispute.
3. It is the contention of the claimant - Vijay Bhaskar
M R that though Ex.P.14, the letter issued by the
Sagar Hospitals clearly stated that the total bill was
Rs.3,51,704/- for the claimant's hospitalization on
three occasions, out of which only a sum of
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Rs.1,50,000/- was approved by the insurer and the
balance of Rs.2,01,704/- was paid by the claimant -
Vijay Bhaskar M R has not even being considered. It
is also the case of the claimant - Vijay Bhaskar M R
that the outpatient charges of Rs.18,182/- has also
not been considered by the Tribunal.
4. It is also argued that the sums awarded towards
'food, nourishment, conveyance', 'pain and suffering',
and 'loss of amenities' are on the lower side.
5. Learned counsel appearing for the insurer on the
other hand contends that the sums awarded were
just and proper, and there is no warrant for
interference.
6. Ex.P.14 does indicate that the Sagar Hospitals had
charged a sum of Rs.3,51,704/- for the
hospitalization of the claimant on three occasions and
out of said amount, only a sum of Rs.1,50,000/- was
paid by the insurer and the balance of Rs.2,01,704/-
was paid by the claimant - Vijay Bhaskar M R.
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7. It is also seen that the out-patient charges totally
amounted to Rs.18,182/- has also not been
considered by the Tribunal. In that view of the
matter, the claimant would be entitled to a sum of
Rs.2,19,886/- (Rs.2,01,704/- + Rs.18,182/-)
towards 'medical expenses' as against a sum of
Rs.1,16,000/- awarded by the Tribunal.
8. The Tribunal has awarded a sum of Rs.1,00,000/-
towards 'loss of disability', Rs.10,000/- towards
'future medical expenses' and Rs.15,000/- towards
'nourishing food and miscellaneous expenditure'.
These amounts are just and proper and do not
require interference and are affirmed.
9. The claimant - Vijay Bhaskar M R has been awarded
a sum of Rs.50,000/- towards 'pain and suffering'.
The claimant was hospitalised for 21 days and
underwent a surgical procedure, in that view the
matter, it would be appropriate to enhance the said
sum to Rs.75,000/-.
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10. The Tribunal has awarded a sum of Rs.10,000/-
towards 'loss of amenities'. In my view, it would be
appropriate to enhance the said sum to Rs.50,000/-.
11. Consequently, the award of the Tribunal is modified
and the claimant - Vijay Bhaskar M R (the appellant
in MFA No.8845 of 2018) would be entitled to the
following compensation:
As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Medical expenses 1,16,000/- 2,19,886/-
2. Loss of disability 1,00,000/- 1,00,000/-
Future medical 10,000/- 10,000/-
3.
expenses
4. Pain and suffering 50,000/- 75,000/-
5. Loss of amenities 10,000/- 50,000/-
Nourishing food 15,000/- 15,000/-
6. and miscellaneous
expenditure
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Total 3,01,000/- 4,69,886/-
12. Accordingly, the claimant - Vijay Bhaskar M R is held
entitled to a compensation of Rs.4,69,886/- as
against Rs.3,01,000/- along with interest at the rate
of 6% p.a. from the date of petition till its realisation.
13. The claimant - Bhagyavathi G H (the appellant in
MFA No.8846 of 2018) being dissatisfied with the
compensation of Rs.2,20,000/- is in appeal.
14. The occurrence of the accident and the liability of the
insurer to satisfy the compensation is not in dispute.
15. It is the contention of the claimant that as per
Ex.P.22, Sagar Hospitals certified that they had
raised a bill to Rs.2,39,726/- out of which the insurer
had approved only a sum of Rs.1,50,000/- and the
remaining sum of Rs.89,726/- was paid by the
climate, but this exhibit has not even being
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considered and a sum of Rs.52,000/- has been
awarded by the Tribunal towards medical expenses.
16. It is also contended that the assessment of notional
income and the assessment of her permanent
disability is also on the lower side. It is seen from
Ex.P.22 that the hospital which treated the claimant
had certified that the claimant - Bhagyavathi G H
was admitted twice in their hospital and the total bill
was for a sum of Rs.2,39,726/-, out of which only
Rs.1,50,000/- have been paid by the insurer and the
balance was paid by the claimant - Bhagyavathi G H.
In that view of the matter, the claimant would be
entitled to sum of Rs.89,726/-, which he paid to the
hospital directly. It is also noticed that the claimant
had paid a sum of Rs.21,135/- towards outpatient
charges. In that view of the matter, the claimant
would be entitled to a sum of Rs.1,10,861/-
(Rs.89,726/- + Rs.21,135/-) as against a sum of
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Rs.52,000/- awarded by the Tribunal towards
medical expenses.
17. The Tribunal has awarded a sum of Rs.15,000/-
towards nourishment, conveyance and attendant
charges, since the claimant is hospitalized for 12
days on two occasions, it would be appropriate to
enhance the said sums to Rs.25,000/-.
18. The Tribunal has assessed the whole body disability
at 10%. It is not in dispute that the claimant had
suffered a fracture of the femur and the doctor who
deposed stated that the whole body disability was
14%. In my view, having regard to the fact that the
claimant had suffered a fracture of the femur, it
would be appropriate to treat the whole body
disability at 14%. The assessment of the notional
income at Rs.7,000/- would also be incorrect, since
the Karnataka State Legal Services Authority has
determined Rs.9,500/- as the notional income for the
accident of the year 2016 when there is no proof of
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actual income. Consequently, towards loss of future
income, the claimant would be entitled to a sum of
Rs.2,23,440/- (9,500/- X 12 X 14 X 14%).
19. The Tribunal has awarded a sum of Rs.25,000/-
towards 'pain and suffering' and Rs.10,000/- towards
'loss of amenities'. In my view, having regard to the
major fractures suffered by the claimant, it would be
appropriate to award a sum of Rs.50,000/- towards
pain and suffering and Rs.50,000/- towards loss of
amenities.
20. Consequently, the award of the Tribunal is modified
and the claimant - Bhagyavathi G H (the appellant in
MFA No.8846 of 2018) would be entitled to a the
following compensation:
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As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Medical expenses 52,000/- 1,10,861/-
Nourishment, food 15,000/- 25,000/-
2. and miscellaneous
expenses
Loss of future 1,18,000/- 2,23,440/-
3.
earnings
4. Pain and suffering 25,000/- 50,000/-
5. Loss of amenities 10,000/- 50,000/-
Total 2,20,000/- 4,59,301/-
21. Accordingly, the claimant - Bhagyavathi G H (the
appellant in MFA No.8846 of 2018) is held entitled for
compensation of Rs.4,59,301/- as against
Rs.2,20,000/- along with interest at the rate of 6%
p.a. from the date of petition till its realisation.
22. The Insurance Company is directed to deposit the
amount of compensation awarded in both the
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appeals within two months from the date of receipt
of a certified copy of this judgment.
23. Both the appeals are accordingly allowed in part.
24. The amount in deposit, if any, shall be transmitted to
the Tribunal for disbursement.
Sd/-
(N S SANJAY GOWDA)
JUDGE
