Karnataka High Court
The Manager vs Kuppanna S/O Durgappa And Anr on 7 November, 2024
-1-
NC: 2024:KHC-K:8192
MFA No. 200198 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200198 OF 2020 (MV-D)
BETWEEN:
THE MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD;
NO.3/5, 3RD FLOOR, S. V. ARCADE,
BILEKAHALLI ROAD, IIM POST,
BENGALURU,
(INSURER OF THE VEHICLE
BEG. NO.KA-36/A-1695),
(POLICY NO. 10003/31/17/085071,
VALID FROM 18/05/2016 TO 17/05/2017),
PRESENTLY REPRESENTED BY IT'S
AUTHORIZED SIGNATORY,
BENGALURU-560076.
...APPELLANT
Digitally signed by (BY SRI. SUDARSHAN M., ADVOCATE)
RENUKA
Location: HIGH AND:
COURT OF
KARNATAKA
1. KUPPANNA S/O DURUGAPPA
AGE: 62 YEARS, OCC: AGRI. (NOW NIL),
R/O. KASABA-LINGASUGUR,
TALUIK LINGASUGUR, DIST. RAICHUR,
PIN CODE 584122.
2. JAGADISH S/O NARAYANAPPA ELIGER,
AGE: MAJOR, OCC: BUSINESS,
R/O. KASABA-LINGASUGUR,
TALUK LINGASUGUR, DIST RACIHUR.
(OWNER OF THE AUTO BEG.NO.KA-36/A-1695),
-2-
NC: 2024:KHC-K:8192
MFA No. 200198 of 2020
PIN CODE 584122.
...RESPONDENTS
(R1 AND R2 ARE SERVED).
THIS MFA IS FILED UNDER SECTION 173 (1) OF MVC
ACT, PRAYING TO, A) CALL FOR THE RECORDS IN MVC NO.
525/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, AT LINGASUGUR. B) SET ASIDE THE JUDGMENT AND
AWARD DATED 15.10.2019 PASSED IN MVC NO. 525/2017 BY
THE SENIOR CIVIL JUDGE AND JMFC, AT LINGASUGUR.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
Captioned appeal is by the Insurance Company
challenging the judgment and award directing the
appellant - insurance company to pay and recover the
compensation amount. The appellant - insurance
company is also questioning the quantum of compensation
determined by the Tribunal while assessing the disability.
NC: 2024:KHC-K:8192
2. Heard the learned counsel appearing for the
appellant - insurance company. There is no contest by
the respondent - claimant.
3. The respondent - claimant having sustained
injuries in a road traffic accident filed a claim petition
contending that he has suffered permanent disability and
hence, claimed compensation. The Tribunal in the
absence of income proof has assessed the income of the
claimant at Rs.10,000/- per month and contrary to
medical evidence, has assessed the disability at 20%. The
accident is of the year 2016 and therefore, in the absence
of income proof, income has to be sustained at Rs.8,750/-
per month. The medical evidence would indicate that
claimant has suffered disability to the extent of 20% to
25% to the left upper limb. The Tribunal assessed the
disability at 20% to the whole body. This finding is
perverse and contrary to medical evidence. In the
absence of specific disability assessed to the whole body
since the fracture is to the left upper limb, law is that 1/4th
NC: 2024:KHC-K:8192
has to be taken. Having regard to the gravity of injury,
the disability has to be assessed at 7%. The respondent -
claimant is aged about 60 years. By notionally assessing
the income of the claimant at Rs.8,750/-, loss of income
due to disability is assessed at Rs.6,12.5/- and proper
multiplier applicable is 8. Compensation re-determined
under the head of loss of income due to disability is
assessed at Rs.58,800/- (Rs.612.5x12x8). The
compensation determined under other heads is retained.
4. For the foregoing reasons, this Court passes the
following:
ORDER
a) The appeal is allowed in part.
b) The respondent - claimant is entitled for
compensation of Rs.2,55,294/- with interest at
the rate of 6% per annum from the date of claim
petition till its realization.
c) Apportionment shall be in terms of the Tribunal
order.
NC: 2024:KHC-K:8192
d) Amount in deposit shall be remitted to the
Tribunal to enable the claimant to withdraw the
same.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
SRT
CT-SW
