IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.5281/2019(MV) BETWEEN:
THE CLAIM MANAGER L AND T GENERAL INSURANCE COMPANY LIMITED., SHUBHAM BUILDING, 1ST FLOOR, MAGRATH ROAD, BENGALURU-560 025.
NOW MERGED WITH HDFC ERGO GENERAL INSURANCE CO.LTD., 2ND FLOOR No.25/1, BUILDING No.2 SHANKAR NARAYANA BUILDING M.G.ROAD, BENGALURU-560 001. BY IT’S CLAIMS MANAGER.
...APPELLANT (BY SRI O MAHESH, ADVOCATE) AND:
1 . MISS. BHAVYASHREE L AGED ABOUT 25 YEAR D/O LAKSHMINARAYAN C R No.138/B, 9TH MAIN, J.C.NAGAR, BENGALURU NORTH MAHALAKSHMIPURAM LAYOUT, BENGALURU-560 086.
2 . SMT. RAJULA NAGPAL MAJOR, R/O FLAT No.1G, 1ST FLOOR, CRESCENT COURT APARTMENTS, CRESCENT ROAD, BENGALURU-560 001.
…RESPONDENTS (BY SRI MOHAMMED SHERIFF, ADVOCATE FOR C/R) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2019 PASSED IN MVC No.6377/2016 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-13), AWARDING COMPENSATION OF Rs.6,53,757/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT IN THE TRIBUNAL.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the matter is listed for Admission, having regard to the nature and circumstances of the case, the same is taken up for final disposal.
The appeal is directed against the judgment and award dated 28.02.2019 passed in MVC No.6377/2019 by the II Additional Judge and XXVIII ACMM, Motor Vehicles Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-13), wherein the claim petition filed by the claimant came to be allowed in part and the compensation of Rs.6,53,757/- is awarded with interest at 6% p.a. from the date of petition till the deposit and directing the insurance company to deposit the same.
2. In order to avoid confusion and overlapping, the parties herein are referred to with their rankings as held by them before the Tribunal.
3. The details of the road traffic accident is as under:
On 03.06.2016 at about 5.45 a.m. the petitioner was proceeding as pillion rider on motor cycle bearing Registration No.KA.02.JC.5898 at Mayohall junction, M.G. Road, Bangalore, at that time, the driver of the car bearing Registration No.KA.04.MD.6156 drove the same in a rash and negligent manner and dashed against the motor cycle in which petitioner was proceeding. Due to which petitioner fell down and sustained grievous injuries all over the body. Immediately, she was shifted to Hosmat hospital wherein she was treated conservatively. She spent huge amount towards her treatment and police have filed a criminal case against the driver the car and also filed the chargesheet.
4. It is stated that, prior to accident, she was aged about 22 years, hale and healthy and working as AR Associate at Omega Healthcare, Bengaluru and drawing the salary of Rs.20,000/- per month. Due to the injuries, she suffered permanent disability.
5. The respondents appeared and contested the claim contending that petition is bad for non joinder of necessary and proper parties and that the rider of the motor cycle bearing reg.No.KA.02.JC.5898 had no valid and effective DL.
6. The learned member adjudicated the matter on the basis of the oral evidence of PWs 1 to 3, and RW1 and documentary evidence of Exs.P1 to P26 and Ex.R1 and R5, allowed the claim petition in part and awarded the compensation as mentioned above. Being aggrieved by the same, the Insurance Company has presented this appeal.
7. Sri O Mahesh, learned counsel for appellant Insurance Company would submit that driver of the offending vehicle i.e. car bearing Reg.No.KA.04.MD.6156 had no valid DL and he was under the influence of alcohol. Learned counsel also submit that accident did not happen in the manner claimed by the claimant nor the injuries were sustained.
8. The learned counsel for claimant Mohammed Sharif would submit that the victim was proceeding for employment which was 5.45 a.m. and that she was handicapped because of the accident and has placed before the tribunal that she has permanently disabled to the extent of 13% to the whole body.
9. The petitioner has sustained fracture of right femur shaft and she was admitted to Hosmat hospital, she took treatment as inpatient, underwent surgery. In support of her case, she has examined the Doctor as PW2, who has assessed the disability of 37% to the right lower limb and 13% as against the whole body and
10. Insofar as submission of learned counsel for appellant that driver of the offending vehicle was under the influence of alcohol is concerned, learned member has observed that no documents are produced though the defence of consumption of alcohol by the driver of offending vehicle is claimed and relevant materials were not placed before the tribunal for appreciation. Hence, the said submission cannot be accepted.
11. Learned member has assessed the loss of future income at Rs.5,18,400/- on the basis of considering her monthly income at Rs.20,000/-, with disability at 12% and applying 18 multiplier and also awarded compensation as mentioned above. I find the compensation of Rs.6,53,757/- awarded by the learned Member under different heads is just and proper and it does not call for any reduction and it is confirmed and the appeal does not deserves to be continued further. Accordingly, appeal is rejected.
The amount in deposit shall be transmitted to the jurisdictional Tribunal, forthwith.
tsn* Sd/- JUDGE