Karnataka High Court
Sri Rangaswamy vs M/S Bharathi Axa Genl Ins Co.Ltd on 16 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:41811
MFA No. 8309 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 8309 OF 2018
(MV-I)
BETWEEN:
1. SRI RANGASWAMY
SON OF VENKATARAMA SHETTY,
AGED ABOUT 53 YEARS,
RESIDING AT NO.E-147-5,
KALYANNAGAR,T.DASARAHALLI,
BENGALURU-57.
...APPELLANT
(BY SMT. ARCHANA T.V., FOR
SRI. T N VISWANATHA., ADVOCATE)
AND:
1. M/S BHARATHI AXA GENL INS CO.LTD.,
BY ITS MANAGING DIRECTOR
1ST FLOOR, FERNS SURVEY NO.28,
Digitally signed by DODDANEKUNDI, BANGALORE-37.
KIRAN KUMAR R
Location: High
Court of Karnataka 2. SRI MURALIDHAR RAMOO
SON OF M.RAMOO, MAJOR,
RESIDING AT NO.52,
RAMAKRISHNA GARDENS,
RMV 2ND STAGE, NEW BEL ROAD,
BENGALURU-54.
...RESPONDENTS
(BY SRI. PRADEEP B., ADVOCATE FOR R-1;
VIDE ORDER DATED:24.07.2024, NOTICE TO R-2 IS
HELD SUFFICIENT)
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NC: 2024:KHC:41811
MFA No. 8309 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:01.06.2018
PASSED IN MVC NO.4369/2017 ON THE FILE OF THE XIX
ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU (SCCH-
17), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.2,40,980/-, the claimant is in this appeal seeking
enhancement of compensation.
2. The occurrence of the accident and the liability of the
insurer to pay the compensation by the Insurer are not in
dispute.
3. The Tribunal has recorded a finding that the claimant
had suffered fractures to both the bones of his left leg and
has assessed the disability to the whole body at 10%. It
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was the case of the claimant that he was a Tailor and the
fractures to his left leg has rendered his functional
capability to a larger extent and he is unable to discharge
his avocation as a Tailor. In the light of the fact, the
claimant contends that he is a Tailor and there is a
fractures of both the bones of his left leg, it would be
appropriate to determine the whole body disability at 15%
as against 10%.
4. As far as the income is concerned, the Tribunal has
taken the notional income of the claimant as Rs.9,000/-,
since there was no evidence to that effect. The Karnataka
State Legal Services Authority has determined the notional
income as Rs.11,000/- for the accident of the year 2017, it
would be appropriate to determine the notional income of
the claimant at Rs.11,000/-. Consequently, the claimant
would be entitled to a sum of Rs.2,17,800/- (Rs.11,000/-
X 12 X 11 X 15%) towards loss of future earnings.
5. The Tribunal has awarded a sum of Rs.50,000/-
towards pain and sufferings and Rs.20,000/- towards loss
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of amenities. In my view, having regard to the fact that
the claimant had suffered fractures to both the bones of
his left leg, it would be appropriate to enhance the said
sums to Rs.75,000/- and Rs.50,000/-, respectively. Since
the claimant was admitted to hospital for 23 days, as
against a sum of Rs.20,000/- awarded by the Tribunal, it
would be appropriate to award a sum of Rs.30,000/-. A
sum of Rs.6,780/- awarded towards medical expenses and
is affirmed. The Tribunal has taken the laid up period as 3
months since the income has now been enhanced to
Rs.11,000/-, and the claimant would be entitled to a sum
of Rs.33,000/- (Rs.11,000 X 3 months) towards loss of
earnings during the laid-up period. The Tribunal has
awarded a sum of Rs.20,000/- towards future medical
expenses, which is just and proper.
6. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation:
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As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 50,000/- 75,000/-
Attendant charges, 20,000/- 30,000/-
2. extra food and
conveyance.
3. Medical expenses 6,780/- 6,780/-
Loss of income 27,000/- 33,000/-
4. during the laid up
period
Loss of income due 97,200/- 2,17,800/-
5. to permanent
disability.
Loss of future 20,000/- 50,000/-
6. amenities and
happiness
7. Towards future 20,000/- 20,000/-
medical expenses
Total 2,40,980/- 4,32,580/-
7. Accordingly, the claimant is held entitled for
compensation of Rs.4,32,580/- as against Rs.2,40,980/-
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along with interest at the rate of 6% p.a. from the date of
petition till its realisation.
8. The Insurance Company is directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
9. The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
