Karnataka High Court

The Manager Iffco-Tokio Gic Ltd vs R Sujayamma on 19 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                              -1-
                                                            NC: 2024:KHC:46898
                                                         MFA No. 3666 of 2019
                                                     C/W MFA No. 2172 of 2019
                                                         MFA No. 2173 of 2019
                                                               AND 9 OTHERS


                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                        MISCELLANEOUS FIRST APPEAL NO. 3666 OF 2019
                                             C/W
                        MISCELLANEOUS FIRST APPEAL NO. 2172 OF 2019
                        MISCELLANEOUS FIRST APPEAL NO. 2173 OF 2019
                        MISCELLANEOUS FIRST APPEAL NO. 2177 OF 2019
                        MISCELLANEOUS FIRST APPEAL NO. 1177 OF 2020
                        MISCELLANEOUS FIRST APPEAL NO. 3896 OF 2021
                        MISCELLANEOUS FIRST APPEAL NO. 3897 OF 2021
                        MISCELLANEOUS FIRST APPEAL NO. 3899 OF 2021
                        MISCELLANEOUS FIRST APPEAL NO. 3903 OF 2021
                        MISCELLANEOUS FIRST APPEAL NO. 3905 OF 2021
                        MISCELLANEOUS FIRST APPEAL NO. 3907 OF 2021
                        MISCELLANEOUS FIRST APPEAL NO. 1072 OF 2022
Digitally signed                            (MV-I)
by KIRAN
KUMAR R
Location: HIGH
COURT OF           IN MFA No. 3666/2019:
KARNATAKA
                   BETWEEN:

                   1.    SMT SHAHIN T,
                         W/O FAIRAOZ T,
                         AGED ABOUT 30 YEARS,
                         R/AT NO.55/2, 6TH CROSS,
                         2ND MAIN, RANGANATHAPURA
                         KAMAKSHIPALAY, BENGALURU-560 079.
                                                                  ...APPELLANT
                   (BY SRI. GIRIMALLAIAH., ADVOCATE)
                           -2-
                                        NC: 2024:KHC:46898
                                    MFA No. 3666 of 2019
                                C/W MFA No. 2172 of 2019
                                    MFA No. 2173 of 2019
                                          AND 9 OTHERS




AND:

1.   THE NEW INDIA ASSURANCE COMPANY LTD
     T P HUB NO.9/2, 2ND FLOOR,
     MAHALAKSHMI CHAMBERS
     M G ROAD, BENGALURU-560 001.

2.   SRI S MAHADEVAN
     S/O SUNDARAM
     (AGE NOT KNOWN TO APPELANT)
     NO.8/24 NETHIMEDU
     MUNIAPPAN KOVIL STREET
     SELEM TLAUK & DISTRICT
     TAMIL NADU-636 002.

3.   M/S SRE TRAVELS
     REP. BY ITS OWNER
     SMT B S PUSHPALATHA
     OFFICE AT HEAD POST OFFICE ROAD,
     CHTIRADURGA, KARNATAKA-577501.

4.   M/S IFFCO TOKIO GENERAL
     INSRUANCE CO., LTD.,
     REGISTRED HEAD OFFICE AT
     141, 4TH FLOOR, SRI SHANTHI TOWERS
     3RD MAIN, EAST OF NGEF LAYOUT,
     KASTURINAGAR, BENGALURU-560 043.
                                         ...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-1;
    VIDE ORDER DATED:20.04.2022, NOTICE TO R-2 & R-3
    IS DISPENSED WITH;
    SRI.B.PRADEEP., ADVOCATE FOR R-4)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:26.10.2018
PASSED IN MVC NO.3978/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU
(SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING    ENHANCEMENT     OF
COMPENSATION.
                            -3-
                                         NC: 2024:KHC:46898
                                      MFA No. 3666 of 2019
                                  C/W MFA No. 2172 of 2019
                                      MFA No. 2173 of 2019
                                            AND 9 OTHERS




IN MFA NO. 2172/2019:

BETWEEN:

1.   THE MANAGER
     IFFCO TOKIO GIC LTD.,
     CUSTOMER SERVICE CENTER
     SRI SHANTHI TOWERS, 4TH FLOOR
     3RD MAIN, NGEF LAYOUT,
     KASTHURINAGAR, BENGALURU-43.

                                              ...APPELLANT
(BY SRI. B. PRADEEP., ADVOCATE)

AND:

1.   SHAHIN T
     AGED ABOUT 30 YEARS,
     W/O FAIROZ T
     R/AT NO.55/2, 6TH CROSS
     2ND MAIN, RANGANATHAPURA
     KAMAKSHIPALYA, BENGALURU-560079.

2.   THE NEW INDIA ASSURANCE CO. LTD.,
     T P HUB NO.9/2, 2ND FLOOR
     MAHALAKSHMI CHAMBERS
     M.G. ROAD, BENGALURU-560 001.
     BY ITS MANAGER.

3.   S MAHADEVAN , MAJOR
     S/O SUNDARAM,
     NO.8/24 NETHIMEDU
     MUNIAPPAN KOVIL STREET
     SALEM TALUK & DISTRICT
     TAMIL NADU-636002.
     (EXPARTE)

4.   M/S SRE TRAVELS
     OFFICE AT HEAD POST OFFICE ROAD,
     CHITRADURGA-577501
                           -4-
                                        NC: 2024:KHC:46898
                                     MFA No. 3666 of 2019
                                 C/W MFA No. 2172 of 2019
                                     MFA No. 2173 of 2019
                                           AND 9 OTHERS


     BY ITS OWNER,
     B.S.PUSHPALATHA
                                        ...RESPONDENTS
(BY SRI. GIRIMALLAIAH., ADVOCATE FOR R-1;
    SRI. A .RAVISHANKAR., ADVOCATE FOR R-2;
    VIDE ORDER DATED:18.07.2022, NOTICE TO R-3 IS
    DISPENSED WITH;
    R-4 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:26.10.2018
PASSED IN MVC NO.3978/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.2,39,603/-
WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.

IN MFA NO. 2173/2019:

BETWEEN:

1.   THE BRANCH MANAGER
     IFFCO-TOKIO GIC LTD.,
     DOOR NO.7/432, K B EXTENSION
     LAWYER ROAD, DAVANAGERE-577002
     NOW REP BY THE MANAGER
     IFFCO-TOKIO GIC LTD
     CUSTOMER SERVICE CENTER
     SRI SHANTHI TOWERS, 4TH FLOOR
     3RD MAIN NGEF LAYOUT,
     KASTHURINAGAR, BENGALURU-43
                                             ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   MAZHAR ALI KHAN MECCI
     S/O ABDUL WAHID KHAN MECCI.,
     AGED ABOUT 51 YEARS,
     R/AT NO.4, L N 4TH STREET,
     ASHOKNAGAR, BENGALURU-560025.
                           -5-
                                       NC: 2024:KHC:46898
                                    MFA No. 3666 of 2019
                                C/W MFA No. 2172 of 2019
                                    MFA No. 2173 of 2019
                                          AND 9 OTHERS




2.   S MAHADEVAN
     MAJOR, S/IO SUNDARAM
     NO.8/24, NETHIMEDU
     MUNIAPPAN KOVIL STREET,
     SALEM TALUK & DISTRICT
     TAMIL NADU & DISTRICT
     TAMIL NADU-636002
     (EXPARTE)

3.   THE NEW INDIA ASSURANCE CO LTD.,
     JALAGANDAPURAM-722101
     S NO. 238/4 NAGAPPAN COMPLEX,
     EDAPPADI DIVERSION ROAD,
     JALAKANANDAPURAM METTUR TALUK TN-636501

     HAVING REGIONAL OFFICE AT:
     2-B UNITY BUILDING ANNEXE,
     P KALINGA RAO ROAD
     BENGALURU-560027
     BY ITS OWNER B.S.PUSHPALATHA.

4.   M/S SRE TRAVELS
     OFFICE AT HEAD POST OFFICE ROAD
     CHITRADURGA-577501
                                       ...RESPONDENTS
(BY SRI. MOHAMMED ARIF KHAN MAKKI, ADVOCATE FOR R-1;
    VIDE ORDER DATED:23.10.2024, NOTICE TO R-2 IS
    DISPENSED WITH;
    SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
    R-4 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:29/10/2018,
PASSED IN MVC NO.7108/2016, ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.2,13,780/-
WITH INTEREST AT 9% P.A., FROM THE DATE OF PETITION
TILL REALIZATION.
                            -6-
                                         NC: 2024:KHC:46898
                                      MFA No. 3666 of 2019
                                  C/W MFA No. 2172 of 2019
                                      MFA No. 2173 of 2019
                                            AND 9 OTHERS


IN MFA NO. 2177/2019:

BETWEEN:

1.   THE MANAGER
     IFFCO-TOKIO GIC LTD,
     CUSTOMER SERVICE CENTER,
     SRI. SHANTHI TOWERS,
     4TH FLOOR, 3RD MAIN, NGEF LAYOUT,
     KASTHURINAGAR, BENGALURU 43
                                              ...APPELLANT
(BY SRI. B. PRADEEP., ADVOCATE)

AND:

1.   DR. HANUMESH M D
     S/O. DODDANNA,
     NO. 121, 10TH-D-CROSS,
     7TH MAIN , NAGAPURA,
     BANGALORE NORTH TALUK,
     MAHALAKSHMIPURA LAYOUT,
     BENGALURU.

2.   S. MAHADEVAN
     MAJOR, S/O. SUNDARAM,
     NO. 8/24, NETHIMEDU,
     MUNIAPPAN KOVIL STREET,
     SALEM TALUK AND DISTSRICT,
     TAMIL NADU 636002.
     (EXPARTE)

3.   THE NEW INDIAN ASSURANCE CO LTD
     T P HUB, NO. 9/2, 2ND FLOOR,
     MAHALAKSHMI CHAMBERS,
     MG ROAD, BENGALURU 560001.

4.   M/S. SRE TRAVELS,
     OFFICE AT HEAD POST OFFICE ROAD,
     CHITRADURGA 577 501
                                          ...RESPONDENTS
(BY SRI. B.BOPANNA., ADVOCATE FOR R-1;
                            -7-
                                         NC: 2024:KHC:46898
                                      MFA No. 3666 of 2019
                                  C/W MFA No. 2172 of 2019
                                      MFA No. 2173 of 2019
                                            AND 9 OTHERS


     SMT.LATA PRASAD., ADVOCATE FOR R-2;
     SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
     R-4 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:29.10.2018
PASSED IN MVC NO.3448/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.1,44,680/-
WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.

IN MFA NO. 1177/2020:

BETWEEN:

1.   DR HANUMESH M D
     D/O DODDANNA
     AGED ABOUT 34 YEARS,
     R/AT NO.121, 10TH D CROSS,
     7TH MAIN, NAGAPURA
     BANGALORE NORTH TALUK
     MAHALAKSHMIPURAM LAYOUT
     BANGALORE-560086
                                              ...APPELLANT
(BY SRI. SATHEESH H K., ADVOCATE)

AND:

1.   MAHADEVAN S
     S/O SUDNARAM
     NO.8/24, MUNIYAPPANA KOVIL STREET
     NETHIMEDU SALEM, TAMIL NADU.

2.   TE MANAGER
     THE NEW INDIA ASSURANCE COMPANY LTD.,
     NO.92, 2ND FLOOR,
     MAHALAKSHMI CHAMBERS,
     M G ROAD, BENGALURU-560001.

3.   M/S SRE TRAVELS
                           -8-
                                        NC: 2024:KHC:46898
                                     MFA No. 3666 of 2019
                                 C/W MFA No. 2172 of 2019
                                     MFA No. 2173 of 2019
                                           AND 9 OTHERS


     REPTD BY ITS OWNER
     SMT PUSHPALATHA
     OFFICE AT HEAD POST OFFICE ROAD
     CHITRADURGA, KARNATAKA-577501.

4.  IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD.,
    REPTD BY ITS MANAGER,
    REGISTERED OFFICE AT 141
    4TH FLOOR, SRI SHANTHI TOWERS
    3RD MAIN, EAST OF NGEF LAYOUT
    KASTURINAGAR, BENGALURU-560043
                                        ...RESPONDENTS
(VIDE ORDER DATED:23.10.2024, NOTICE TO R-1 IS
 DISPENSED WITH;
 SRI. A.RAVISHANKAR., ADVOCATE FOR R-2;
 R-3 IS SERVED AND UNREPRESENTED;
 SRI. B.PRADEEP., ADVOCATE FOR R-4)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 29.10.2018
PASSED IN MVC NO. 3448/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO. 3896/2021:

BETWEEN:

1.   THE MANAGER
     IFFCO TOKIO GIC LTD
     CUSTOMER SERVICE CENTER
     SRI SHANTHI TOWERS, 5TH FLOOR
     3RD MAIN, NGEF LAYOUT, KASTHURINAGAR
     BENGALURU-43.
                                             ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   VEERESHA A
                            -9-
                                          NC: 2024:KHC:46898
                                       MFA No. 3666 of 2019
                                   C/W MFA No. 2172 of 2019
                                       MFA No. 2173 of 2019
                                             AND 9 OTHERS


     S/O HALESHAPPA A
     AGED ABOUT 32 YEARS,
     R/AT UJJAINI, KUDLIGE TALUK
     BELLARY-583136.

2.   MAHADEVAN S
     S/O SUNDARAM
     NO.8/24 KMUNIAPPAN
     KOVIL STREET NETHIMEDU
     SALEM TN-636002.

3.   THE NEW INDIA ASSURANCE COMPANY LTD.,
     JALAGANDHAPURAM (722101),
     No.235/4, NAGAPPA COMPLEX,
     EDAPPADI, DIVERSION ROAD,
     JALAKANDHAPURA, MUTTUR TALUK,
     TAMIL NADU 636 201
     REPRESENTED BY ITS MANAGER.

4.   PUSHPALATHA B S
     W/O SRI CHIDANANDA REDDY
     AGED ABOUT 29 YEARS,
     M/S SRE TRAVELS
     PROP SMT B S PUSHPALATHA
     HEAD POST OFFICE ROAD,
     CHITRADURGA-577501
                                        ...RESPONDENTS
(BY SRI. RAJESHA SHETTIGARA., ADVOCATE FOR R-1;
    SRI. A. RAVISHANKAR., ADVOCATE FOR R-2)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2020
PASSED IN MVC NO. 4120/2018    ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL
MACT, BENGALURU, AWARDING COMPENSATION OF RS.
17,88,000/ - WITH INTEREST AT THE RATE OF 6 PERCENT P.A.
ON RS. 16,68,000/- ONLY FROM THE DATE OF PETITION TILL
REALIZATION.
                           - 10 -
                                          NC: 2024:KHC:46898
                                       MFA No. 3666 of 2019
                                   C/W MFA No. 2172 of 2019
                                       MFA No. 2173 of 2019
                                             AND 9 OTHERS


IN MFA NO. 3897/2021:

BETWEEN:

1.   THE MANAGER
     IFFCO-TOKIO GIC LTD
     CUSTOMER SERVICE CENTER
     SRI SHANTHI TOWERS, 5TH FLOOR
     3RD MAIN, NGEF LAYOUT,
     KASTHURINAGAR
     BENGALURU 43.

                                               ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   R SUJAYAMMA
     W/O A AADINARAYANA SHETTI
     AGED ABOUT 63 YEARS
     R/AT KOTAGUDDA VILLAGE AND POST
     NIDAGAL HOBLI, PAVAGADA (RURA)
     PAVAGADA, TUMKUR 561202.

2.   THE NEW INDIA ASSURANCE CO LTD
     DO III, MAHALAKSHMI COMPLEX
     M G ROAD, BANGALORE 560001.

3.   MAHADEVAN S
     S/O SUNDARAM
     NO. 8/24, MUNIAPPAN
     KOVIL STREET NETHIMEDU
     SALEM, T N 636002.

4.   M/S SRE TRAVELS
     PROP. SMT. B S PUSHPALATHA
     HEAD POST OFFICE ROAD,
     CHITRADURGA 57501
                                       ...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-2)
                           - 11 -
                                          NC: 2024:KHC:46898
                                       MFA No. 3666 of 2019
                                   C/W MFA No. 2172 of 2019
                                       MFA No. 2173 of 2019
                                             AND 9 OTHERS


    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.12.2020
PASSED IN MVC NO.6174/2017 ON THE FILE OF THE I
ADDITIONAL     SMALL    CAUSES    JUDGE   AND    MACT,
SCCH-11, BENGALURU, AWARDING COMPENSATION OF
RS.2,80,668/- WITH INTEREST AT 9 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION.

IN MFA NO. 3899/2021:

BETWEEN:

1.   THE MANAGER
     IFFCO TOKIO GIC LTD.,
     CUTOMER SERVICE CENTER
     SRI SHANTHI TOWERS
     5TH FLOOR, 3RD MAIN NGEF LAYOUT
     KASTURINAGAR, BENGALURU - 43
                                               ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   H NAGARAJA
     S/O MOKSHAPATHI
     AGED ABOUT 28 YEARS
     R/AT NO.28
     CHANNABASAWESHWARA NAGAR
     UJJAINI, KUDLIGE TALUK
     BELLARY 583 136.

2.   MAHADEVAN S
     S/O SUNDARMA
     NO.8/24, MUNIAPPAN
     KOVIL STREET NETHIMEDU
     SALEM, TN 636002.

3.   THE NEW INDIA ASSURANCE CO LTD.,
     JALAGANDHAPURAM (722101)
     NO. 235/4, NAGAPPA COMPLEX,
     EDAPPADI, DIVERSION ROAD,
                             - 12 -
                                            NC: 2024:KHC:46898
                                         MFA No. 3666 of 2019
                                     C/W MFA No. 2172 of 2019
                                         MFA No. 2173 of 2019
                                               AND 9 OTHERS


     JALAKANDAPURA, MATTUR TALUK,
     TAMIL NADU 636201.
     REPRESENTED BY ITS MANAGER.

4.   PUSHPALATHA B S
     W/O SRI. CHIDANANDA REDDY
     AGED ABOUT 29 EYARS
     M/S/ SRE TRAVELS
     PROP SMT. B.S. PUSHPALATHA
     HEAD POST OFFICE ROAD
     CHITRADURGA - 575 01
                                       ...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
    R-1 AND R-4 ARE SERVED)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2020
PASSED IN MVC NO. 4122/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL
MACT, BENGALURU,       AWARDING COMPENSATION OF RS.
10,000/ WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE
OF PETITION TILL REALIZATION.

IN MFA NO. 3903/2021:

BETWEEN:

1.   THE MANAGER
     IFFCO TOKIO GIC LTD
     CUSTOMER SERVICE CENTER
     SRI SHANTHI TOWERS 5TH FLOOR
     3RD MAIN NGEF LAYOUT
     KASTHURINAGAR, BENGALURU-43
                                                 ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   M SHARANAPPA
     S/O M NINGAPPA
     AGED ABOUT 27 YEARS,
                            - 13 -
                                           NC: 2024:KHC:46898
                                        MFA No. 3666 of 2019
                                    C/W MFA No. 2172 of 2019
                                        MFA No. 2173 of 2019
                                              AND 9 OTHERS


     R/AT UJJAINI, KUDLIGE TALUK
     BELLARY-583136.

2.   MAHADEVAN S, S/O SUNDARAM
     NO.8/24 MUNIAPPAN
     KOVIL STREET NETHIMEDU
     SALEM TN-636002.

3.   THE NEW INDIA ASSURANCE CO LTD.,
     JALAGANDHAPURAM (722101)
     NO. 235/4, NAGAPPA COMPLEX,
     EDAPPADI, DIVERSION ROAD,
     JALAKANDAPURA, MATTUR TALUK,
     TAMIL NADU 636201.
     REPRESENTED BY ITS MANAGER.

4.  PUSHPALATHA B S
    W/O SRI CHIDANANDA REDDY
    AGED ABOUT 29 YEARS,
    M/S SRE TRAVELS, PROP SMT B S PUSHPALATHA
    HEAD POST OFFICE ROAD
    CHITRADURGA-577501
                                       ...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
    R-1 IS SERVED)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:25.11.2020
PASSED IN MVC NO.4123/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT,
BENGALURU, AWARDING COMPENSATION OF RS.15,000/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.

IN MFA NO. 3905/2021:

BETWEEN:

1.   THE MANAGER,
     IFFCO TOKIO GIC LTD
     CUSTOMER SERVICE CENTER,
                            - 14 -
                                           NC: 2024:KHC:46898
                                        MFA No. 3666 of 2019
                                    C/W MFA No. 2172 of 2019
                                        MFA No. 2173 of 2019
                                              AND 9 OTHERS


     SRI SHANTHI TOWERS, 5TH FLOOR,
     3RD MAIN, NGEF LAYOUT,
     KASTHURINAGAR, BENGALURU 43.
                                                ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   M M SHIVARAJA
     S/O M M UJJINAPPA,
     AGED ABOUT 24 YEARS,
     R/AT UJJAINI, KUDLIGE TALUK,
     BELLARY 583136.

2.   MAHADEVAN S
     S/O SUNDARAM,
     NO.8/24, MUNIAPAN KOVIL STREET,
     NETHIMEDU, SALEM, TN 636002.

3.   THE NEW INDIA ASSURANCE CO LTD.,
     JALAGANDHAPURAM (722101)
     NO. 235/4, NAGAPPA COMPLEX,
     EDAPPADI, DIVERSION ROAD,
     JALAKANDAPURA, MATTUR TALUK,
     TAMIL NADU 636201.
     REPRESENTED BY ITS MANAGER.

4.   PUSHPALATHA B S
     W/O SRI CHIDANANDA REDDY,
     AGED ABOUT 29 YEARS,
     M/S SRE TRAVELS,
     PROP. SMT. B.S.PUSHPALATHA,
     HEAD POST OFFICE ROAD,
     CHITRADURGA 57501.
                                       ...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
    R-1 IS SERVED)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25.11.2020
PASSED IN MVC NO.4124/2018 ON THE FILE OF THE MEMBER,
                            - 15 -
                                           NC: 2024:KHC:46898
                                        MFA No. 3666 of 2019
                                    C/W MFA No. 2172 of 2019
                                        MFA No. 2173 of 2019
                                              AND 9 OTHERS


PRL. MACT, CHIEF JUDGE, COURT OF SMALL CAUSES,
BENGALURU, AWARDING COMPENSATION OF RS.10,000/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.

IN MFA NO. 3907/2021:

BETWEEN:

1.   THE MANAGER
     IFFCO-TOKIO GIC LTD.,
     CUSTOMER SERVICE CENTER,
     SRI SHANTHI TOWERS,
     5TH FLOOR, 3RD MAIN,
     NGEF LAYOUT, KASTHURINAGAR,
     BENGALURU-560 043.
                                                ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)

AND:

1.   SAMIULLA
     S/O. LATE BASHASAB,
     AGED ABOUT 32 YEARS,
     R/AT UJJAINI, KUDLIGE TALUK,
     BELLARY-583 136.

     NOW R/AT NO. 27, G BLOCK,
     MOOKAMBIKA LAYOUT,
     LINGARAJAPURAM,
     BENGALURU-560 084.

2.   MAHADEVAN. S
     S/O. SUNDARAM,
     NO. 8/24, MUNIAPPAN,
     KOVIL STREET, NETHIMEDU,
     SALEM, TN-636 002.

3.   THE NEW INDIA ASSURANCE CO LTD.,
     JALAGANDHAPURAM (722101)
     NO. 235/4, NAGAPPA COMPLEX,
                            - 16 -
                                           NC: 2024:KHC:46898
                                        MFA No. 3666 of 2019
                                    C/W MFA No. 2172 of 2019
                                        MFA No. 2173 of 2019
                                              AND 9 OTHERS


     EDAPPADI, DIVERSION ROAD,
     JALAKANDAPURA, MATTUR TALUK,
     TAMIL NADU 636201.
     REPRESENTED BY ITS MANAGER.

4.   PUSHPALATHA. B. S.
     W/O. SRI. CHIDANANDA REDDY,
     AGED ABOUT 29 YEARS,
     M/S. SRE TRAVELS,
     PROP. SMT. B. S. PUSHPALATHA,
     HEAD POST OFFICE ROAD,
     CHITRADURGA-575 501.
                                        ...RESPONDENTS
(BY SRI. RAJESHA SHETTIGARA., ADVOCATE FOR R-1;
    SRI. A. RAVISHANKAR., ADVOCATE FOR R-3)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2020
PASSED IN MVC NO. 4121/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL
MACT, BENGALURU, AWARDING COMPENSATION OF RS.
8,24,000/ WITH INTEREST AT 6 PERCENT P.A. ON RS.
7,99,000/ ONLY FROM THE DATE OF PETITION TILL
REALIZATION.

IN MFA NO. 1072/2022:

BETWEEN:

1.   SMT R SUJAYAMMA
     W/O A AADIHNARAYANA SHETTI
     AGED ABOUT 63 YEARS
     R/A KOTAGUDDA VILLAGE AND POST
     NIDAGAL HOBLI PAVAGADA
     TUMKUR-561202.
                                                ...APPELLANT
(BY SRI. MURALI PAWAR.K., ADVOCATE)

AND:

1.   THE NEW INDIA ASSURANCE CO LTD
                           - 17 -
                                          NC: 2024:KHC:46898
                                       MFA No. 3666 of 2019
                                   C/W MFA No. 2172 of 2019
                                       MFA No. 2173 of 2019
                                             AND 9 OTHERS


     D O III, MAHALAKSHMI COMPLEX
     M G ROAD, BENGALURU-560001
     REP BY ITS MANAGER.

2.   SRI MAHADEVAN S,
     S/O SUNDARAM
     NO.8/24, MUNIAPPA KOVIL STREET
     NETHIMEDU, SALEM
     TAMILNADU-636002.

3.   M/S SRE TRAVELS
     PROP. SMT. B.S.PUSHPALATHA,
     OFFICE AT HEAD POST OFFICE ROAD,
     CHITRADURGA-57501.

4.  IFFCO TOKIO GENERAL INSURANCE CO.LTD.
    HEAD OFFICE NO.141, 4TH FLOOR,
    SRI. SHANTHI TOWERS,
    EAST OF NGEF LAYOUT,
    KASTURINAGAR,
    BENGALURU-560 043
    REP. BY ITS MANAGER.
                                        ...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-1;
    SRI.B.PRADEEP., ADVOCATE FOR R-4;
    NOTICE TO F-2 AND R-3 IS DISPENSED WITH)

    THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 22.12.2020
PASSED IN MVC NO. 6174/2017 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGLAURU
(SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING   ENHANCEMENT     OF
COMPENSATION.

     THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
                                  - 18 -
                                                  NC: 2024:KHC:46898
                                              MFA No. 3666 of 2019
                                          C/W MFA No. 2172 of 2019
                                              MFA No. 2173 of 2019
                                                    AND 9 OTHERS


                        ORAL JUDGMENT

1. These appeals arise out of the awards passed by the

Tribunal, as detailed below:

Sl. MFA Arising out of awards in Appellant No. No. MVC no.

Award dated 26.10.2018 passed in MVC No.3978/2016 on the file of the I Additional Small Causes Judge, MACT, Bengaluru 3666 of Shahin T. (SCCH-11), awarding

2019 W/o. Fairaoz T. compensation of Rs.2,39,603/-

with interest at 9% p.a. from the date of petition till realization.

2172 of

2 IFFCO TOKIO GIC LTD --ditto--

Award dated 29.10.2018 passed in MVC No.3448/2016 on the file of the I Additional Small 1177 of Dr. Hanumesh M. D. Causes Judge & MACT,

2020 s/o. Doddanna Bengaluru (SCCH-11), awarding compensation of Rs.1,44,680/- with interest at 9% p.a.

2177 of 4 IFFCO-TOKIO GIC LTD. --ditto--

Award dated 22.12.2020 passed in MVC No.6174/2017 on the file of the I Additional Small 1072 of R.Sujayamma W/o Causes Judge and MACT, SCCH-

5      2022     A.Aadihnarayana Shetti
                                          11,     Bengaluru,      awarding

compensation of Rs.2,80,668/- with interest at 9 percent p.a.

3897 of IFFCO-TOKIO GIC LTD.

6 2021 --ditto--

                                          Award     dated    29/10/2018,
      2173 of
7               IFFCO-TOKIO GIC LTD.      passed in MVC No.7108/2016,

on the file of the I Additional

- 19 -

NC: 2024:KHC:46898

AND 9 OTHERS

Small Causes Judge & MACT, Bengaluru (SCCH-11), awarding compensation of Rs.2,13,780/- with interest at 9% p.a.

Award dated 25.11.2020 passed in MVC No.4120/2018 on the file of the Chief Judge, Court of Small Causes, Member, 3896 of Principal MACT, Bengaluru, 8 IFFCO-TOKIO GIC LTD.

2021 awarding compensation of Rs.17,88,000/ - with interest at the rate of 6% p.a. on Rs.16,68,000/- only.

Award dated 25.11.2020 passed in MVC No.4122/2018 on the file of the Chief Judge, Court of 3899 of Small Causes, Member, IFFCO-TOKIO GIC LTD.

9     2021                             Principal    MACT,    Bengaluru,
                                       awarding      compensation     of

Rs.10,000/ with interest at 6% p.a.

Award dt.25.11.2020 passed in MVC No.4123/2018 on the file of the Chief Judge, Court of 3903 of IFFCO-TOKIO GIC LTD. Small Causes and Member, Prl. 10 2021 MACT, Bengaluru, awarding compensation of Rs.15,000/-

with interest at 6% p.a.

Award dated 25.11.2020 passed in MVC No.4124/2018 on the file of the Member, Prl. MACT, 3905 of IFFCO-TOKIO GIC LTD. Chief Judge, Court of Small 11 2021 Causes, Bengaluru, awarding compensation of Rs.10,000/-

with interest at 6% p.a.

Award dated 25.11.2020 passed in MVC No.4121/2018 on the file of the Chief Judge, Court of 3907 of Small Causes and Member, IFFCO-TOKIO GIC LTD.

12    2021                             Principal    MACT,    Bengaluru,
                                       awarding      compensation     of

Rs.8,24,000/ with interest at 6% p.a.

- 20 -

NC: 2024:KHC:46898

AND 9 OTHERS

2. An accident occurred on 12.04.2016 between the bus

insured by the appellant in these appeals i.e., Iffco-

Tokio GIC Limited and a lorry insured by the New India

Assurance Company Limited. As a result of the

accident, several inmates in the bus suffered injuries

and there were also three deaths, which included the

drivers of both the vehicles in question.

3. The insurer of the bus is in appeal contending that the

Tribunal has committed a serious error in making the

driver of the bus also liable for the accident and

consequently, making the appellant--insurer liable to

the extent of 50%.

4. The insurer of the lorry has accepted the award and

thereby the attribution of 50% negligence on the driver

of the lorry.

5. The evidence on record indicates that the collision

occurred when a heavy goods vehicle, viz., a 12

- 21 -

NC: 2024:KHC:46898

AND 9 OTHERS

wheeler lorry was taking a U-turn and was hit by the

bus. It is not in dispute that it was permissible for the

lorry to take a U-turn at the spot where the accident

occurred.

6. It will have to be noticed here that a 12-wheeler lorry

cannot obviously take a sudden U-turn and taking of

the U-turn would necessarily mean that the said lorry

was travelling at a very slow speed.

7. The driver of the bus, sitting at a vantage point, would

obviously have a clear vision of the road and would

have obviously noticed an on-coming lorry trying to

take a U-turn at the middle of the highway. It is

therefore clear that the driver of the bus could have

avoided the accident by reducing the speed and

stopping the bus.

8. The Tribunal, in light of this evidence, was justified in

coming to the conclusion that the both the driver of the

- 22 -

NC: 2024:KHC:46898

AND 9 OTHERS

bus as well as the driver of the lorry were responsible

for the accident in equal proportions.

9. Therefore, there is no ground in the appeals filed by

the appellant--insurer (Iffco-Tokio GIC Limited) of the

bus. Consequently, the appeals are dismissed.

10. As far as the compensation is concerned, the appeals

are dealt with separately as under:

In MFA No.3666 of 2019 & 2172 of 2019:

(MVC: 3978/2016 - Injury to Smt.Shahin)

11. The Tribunal on assessment of the evidence has

awarded the following sums as compensation to the

claimant for the injuries sustained by her:

Compensation Sl. awarded by the Nature of Heads No. Tribunal (In Rs.)

1. Pain, shock and agony 40,000/-

2. Medical expenses 47,363/-

Food, Conveyance, nourishment, 10,000/-

3.

attendant charges Loss of income during the laid 8,000/-

4. up period

5. Loss of earning capacity 1,14,240/-

6. Loss of amenities in life 20,000/-

                     Total                       2,39,603/-
                             - 23 -
                                            NC: 2024:KHC:46898



                                               AND 9 OTHERS

12. While awarding the compensation, the Tribunal has

assessed the disability of the claimant at 7% to the

whole body. The evidence on record indicates that the

claimant has suffered a fracture to both bones: distal

third of right forearm and also to the both bones of the

right leg middle third, and fracture of left proximal

tibia. The doctor who was examined stated that the

claimant had suffered whole body disability to the

extent of 28%.

13. In my view, in light of the fact that the claimant had

suffered fractures to both bones of right forearm and

right leg, it would be just and appropriate to treat the

whole body disability suffered by the claimant at 20%.

14. The Tribunal has determined the monthly income of

the claimant notionally at Rs.8,000/- since there was

no credible documentary evidence to ascertain the

actual monthly income. It would be appropriate and

- 24 -

NC: 2024:KHC:46898

AND 9 OTHERS

prudent to adopt the monthly income determined by

Karnataka State Legal Services Authority, which, for

the accident of the year 2016, would be Rs.9,500/-.

15. Since the claimant has suffered 20% whole body

disability and as the claimant was aged 27 years, 40%

of the said income (Rs.3,800/-) would have to be added

towards future prospects as per Pranay Sethi1. The

net income would be Rs.13,300/-.

16. As the claimant was aged 27 years, a multiplier of '17'

would have to be applied.

17. Consequently, the claimant would be entitled to a sum

of Rs.5,42,640/- (Rs.13,300/- x 12 x '17' x 20%) towards

'loss of future income'.

18. Having regard to the injuries suffered by the claimant,

she would be entitled to a sum of Rs.60,000/-

National Insurance Company Limited vs. Pranay Sethi and Others - (2017) 16 SCC 680

- 25 -

NC: 2024:KHC:46898

AND 9 OTHERS

towards 'pain and suffering' as against Rs.40,000/-

awarded by the Tribunal.

19. Having regard to the lasting effects of the injuries on

the claimant, the claimant would be entitled to a sum

of Rs.40,000/- towards 'loss of amenities', as

against the sum of Rs.20,000/- awarded by the

Tribunal.

20. Having regard to the length of the stay of the

claimant in the hospital (29 days), the claimant would

also be entitled to 'conveyance, food and

nourishment and attendant charges' at

Rs.30,000/- as against the sum of Rs.10,000/-

awarded by the Tribunal.

21. The Tribunal has taken the laid up period as one

month and has awarded a sum of Rs.8,000/- towards

loss of income during the laid-up period. Having

regard to the nature of injuries suffered and the

treatment period, it would be just and appropriate to

- 26 -

NC: 2024:KHC:46898

AND 9 OTHERS

take the laid up period as four months and

consequent upon re-assessment of monthly income at

Rs.9,500/- by this Court, the compensation under 'loss

of income during the laid up period' would stand

enhanced to Rs.38,000/- (Rs.9,500/- X 4 months).

22. The sum of Rs.47,363/- awarded towards medical

expenses by the Tribunal, being based on

documentary evidence, does not call for modification

and is hence confirmed.

23. Consequently, the award of the Tribunal is modified

and the claimant would be entitled to the following

compensation:

As As Sl. awarded Nature of Heads awarded by No. by the this Court Tribunal (In Rs.) (In Rs.)

1. Pain, shock and agony 40,000/- 60,000/-

2. Medical expenses 47,363/- 47,363/-

Food, Conveyance, 10,000/- 30,000/-

3. nourishment, attendant charges Loss of income during the 8,000/- 38,000/-

4. laid up period

5. Loss of future income 1,14,240/- 5,42,640/-

- 27 -

                                                    NC: 2024:KHC:46898



                                                     AND 9 OTHERS


                                              As
                                                                  As
 Sl.                                       awarded
             Nature of Heads                                 awarded by
 No.                                        by the
                                                              this Court
                                           Tribunal               (In Rs.)
                                             (In Rs.)
 6.      Loss of amenities in life           20,000/-             40,000/-
                                Total 2,39,603/-              7,58,003/-

24. Thus, the claimant is held entitled to the total

compensation of Rs.7,58,003/- as against

Rs.2,39,603/-, along with interest at the rate of six

per cent per annum from the date of petition till its

realization.

25. The insurers of both bus and lorry in question are

directed to deposit the amount of compensation

awarded in the ratio of 50:50 within two months from

the date of receipt of a certified copy of this judgment.

26. The apportionment, deposit and release of the

enhanced compensation amount shall be made as per

the ratio adopted by the Tribunal.

27. The appeal is accordingly allowed in part.

- 28 -

NC: 2024:KHC:46898

AND 9 OTHERS

28. The amount in deposit, if any, shall be transferred to

the Tribunal for disbursal in terms of the award.

In MFA No.1177 of 2020 & 2177 of 2019 :

(MVC: 3448/2016 - Injury to Dr.Hanumesh)

29. The Tribunal on assessment of the evidence has

awarded the following sums as compensation to the

claimant for the injuries sustained by him :

Compensation Sl. awarded by the Nature of Heads No. Tribunal (In Rs.)

1. Pain, shock and agony 25,000/-

2. Medical expenses 72,680/-

Food, Conveyance, nourishment, 2,000/-

3.

attendant charges Loss of income during the laid 20,000/-

4. up period

5. Loss of amenities in life 25,000/-

Total : 1,44,680/-

30. In this case, the Tribunal has not awarded any

compensation towards loss of future income, since the

claimant, who is a doctor by profession, has admitted

that he has continued his profession after the

- 29 -

NC: 2024:KHC:46898

AND 9 OTHERS

treatment and there is no diminution in his salary. In

my view, this finding cannot be fault with.

31. The Tribunal has awarded compensation of

Rs.25,000/- each towards pain and suffering, and loss

of amenities in life respectively.

32. The evidence on record indicates that the claimant had

suffered a fracture of the right lower limb, fracture of

both bones, abrasions over front left knee and swelling,

and tenderness and deformity over the right leg. The

claimant was hospitalized for five days.

33. Having regard to the nature of injuries suffered by

the claimant, he would be entitled to a sum of

Rs.50,000/- towards 'pain and suffering', and a

sum of Rs.50,000/- towards 'loss of amenities', as

against the sum of Rs.25,000/- each awarded by the

Tribunal.

34. The sum of Rs.72,680/- awarded towards medical

expenses by the Tribunal, being based on

- 30 -

NC: 2024:KHC:46898

AND 9 OTHERS

documentary evidence, does not call for modification

and is hence confirmed.

35. Having regard to the length of the stay of the

claimant in the hospital (5 days), the claimant would

also be entitled to 'conveyance, food and

nourishment and attendant charges' at

Rs.10,000/- as against the sum of Rs.2,000/-

awarded by the Tribunal.

36. The Tribunal has taken the laid up period as one

month and has awarded a sum of Rs.20,000/- towards

loss of income during the laid-up period. Having

regard to the nature of injuries suffered by the

claimant and the treatment period, it would be just and

appropriate to take the laid up period as three

months and award a sum of Rs.60,000/- (Rs.20,000/-

X 3 months) towards 'loss of income during the laid

up period'.

- 31 -

NC: 2024:KHC:46898

AND 9 OTHERS

37. Consequently, the award of the Tribunal is modified

and the claimant would be entitled to the following

compensation:

As As Sl. awarded Nature of Heads awarded by No. by the this Court Tribunal (In Rs.) (In Rs.)

1. Pain, shock and agony 25,000/- 50,000/-

2. Medical expenses 72,680/- 47,363/-

Food, Conveyance, 2,000/- 10,000/-

3. nourishment, attendant charges Loss of income during the 20,000/- 60,000/-

4. laid up period

5. Loss of amenities in life 25,000/- 50,000/-

Total 1,44,680/- 2,17,363/-

38. Thus, the claimant is held entitled to the total

compensation of Rs.2,17,363/- as against

Rs.1,44,680/-, along with interest at the rate of six

per cent per annum from the date of petition till its

realization, except for the delay period of 303 days in

filing the appeal.

39. The insurers of both bus and lorry in question are

directed to deposit the amount of compensation

- 32 -

NC: 2024:KHC:46898

AND 9 OTHERS

awarded in the ratio of 50:50 within two months from

the date of receipt of a certified copy of this judgment.

40. The apportionment, deposit and release of the

enhanced compensation amount shall be made as per

the ratio adopted by the Tribunal.

41. The appeal is accordingly allowed in part.

In MFA No.1072 of 2022 & 3897 of 2021:

(MVC: 6174/2017 - Injuries to R.Sujayamma)

42. The Tribunal on assessment of the evidence has

awarded the following sums as compensation to the

claimant for the injuries sustained by her:

Compensation Sl. awarded by the Nature of Heads No. Tribunal (In Rs.)

1. Pain and agony 50,000/-

2. Medical expenses 67,268/-

Food, Conveyance, nourishment, 4,000/-

3.

attendant charges Loss of income during the laid 8,000/-

4. up period

5. Loss of earning capacity 86,400/-

6. Loss of amenities in life 25,000/-

7. Future medical expenses 40,000/-

                        Total                       2,80,868/-
                            - 33 -
                                           NC: 2024:KHC:46898



                                              AND 9 OTHERS

43. While awarding the compensation, the Tribunal has

recorded a finding that the claimant was aged 59 years

as on the date of the accident and has suffered a grade

II compound comminuted supra-condylar fracture of

the right femur with inter-condylar extension with bone

loss; grade II compound fracture shaft of the left

femur; distal radius fracture left wrist with multiple

small lacerated wounds over the face, and it has

proceeded to assess the whole body disability of the

claimant at 31%.

44. In my view, this assessment of whole body disability

at 31% is just and proper and does not need any

modification.

45. The Tribunal has determined the monthly income of

the claimant notionally at Rs.8,000/- as there was no

proof of the actual monthly income earned by her.

Since the accident is of the year 2016, it would be

- 34 -

NC: 2024:KHC:46898

AND 9 OTHERS

appropriate to adopt the monthly income determined

by the Karnataka State Legal Services Authority at

Rs.9,500/-.

46. Since the claimant has suffered 31% whole body

disability and as the claimant was aged 59 years, 10%

of the said income (Rs.950/-) would have to be added

towards future prospects as per Pranay Sethi2. The

net income would be Rs.10,450/-.

47. As the claimant was aged 59 years, as per Sarla

Verma3, a multiplier of '9' would have to be applied.

48. Consequently, the claimant would be entitled to a sum

of Rs.3,49,866/- (Rs.10,450/- x 12 x '9' x 31%) towards

'loss of future income'.

49. The Tribunal has awarded a sum of Rs.50,000/-

towards pain and suffering, and a sum of Rs.25,000/-

National Insurance Company Limited vs. Pranay Sethi and Others - (2017) 16 SCC 680

Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121

- 35 -

NC: 2024:KHC:46898

AND 9 OTHERS

towards loss of amenities in life. In my view, having

regard to the injuries suffered by the claimant, it

would be just and appropriate to enhance the said to

Rs.75,000/- towards 'pain and suffering' and a

sum of Rs.75,000/- towards 'loss of amenities'.

50. Having regard to the length of the stay of the

claimant in the hospital (12 days), the claimant would

also be entitled to 'conveyance, food and

nourishment and attendant charges' at

Rs.15,000/- as against the sum of Rs.4,000/-

awarded by the Tribunal.

51. The Tribunal has taken the laid up period as one

month and has awarded a sum of Rs.8,000/- towards

loss of income during laid up period. Having regard to

the nature of injuries suffered and the treatment period

it would be just and appropriate to take the laid up

period as three months and consequent upon re-

assessment of monthly income at Rs.9,500/- by this

- 36 -

NC: 2024:KHC:46898

AND 9 OTHERS

Court, the compensation under 'loss of income

during the laid up period' would stand enhanced to

Rs.28,500/- (Rs.9,500/- X 3 months).

52. The sum of Rs.47,363/- awarded towards medical

expenses, and Rs.40,000/- awarded towards future

medical expenses by the Tribunal, being based on

documentary evidence, do not call for modification and

are hence confirmed.

53. Consequently, the award of the Tribunal is modified

and the claimant would be entitled to the following

compensation:

As As awarded Sl. awarded Nature of Heads by this No. by the Court Tribunal (In Rs.) (In Rs.)

1. Pain and agony 50,000/- 75,000/-

2. Medical expenses 67,268/- 67,268/-

Food, Conveyance, 4,000/- 15,000/-

3. nourishment, attendant charges Loss of income during the 8,000/- 28,500/-

4.

laid up period 86,400/- 3,49,866/-

5. Loss of future income (Rs.8,000/- x (Rs.10,450/- x 12 x '9' x 10%) 12 x '9' x 31%)

- 37 -

                                                    NC: 2024:KHC:46898



                                                     AND 9 OTHERS


                                              As
                                                             As awarded
 Sl.                                       awarded
             Nature of Heads                                   by this
 No.                                        by the
                                                                Court
                                           Tribunal               (In Rs.)
                                             (In Rs.)
  6.     Loss of amenities in life           25,000/-            75,000/-
  7.     Future medical expenses             40,000/-            40,000/-
                   Total                  2,80,868/-          6,50,634/-

54. Thus, the claimant is held entitled to the total

compensation of Rs.6,50,634/- as against

Rs.2,80,868/-, along with interest at the rate of six

per cent per annum from the date of petition till its

realization.

55. The insurers of both the bus and lorry in question are

directed to deposit the amount of compensation

awarded in the ratio of 50:50, within two months from

the date of receipt of a certified copy of this judgment.

56. The apportionment, deposit and release of the

enhanced compensation amount shall be made as per

the ratio adopted by the Tribunal.