IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.4218/2019(MV) BETWEEN:
THE MANAGER FUTURE GENERALI INDIA INSURANCE COMPANY LIMITED, 2ND FLOOR, KALBURGI LAND MARK, OPPOSITE T.B.GIRLS HIGH SCHOOL DESHAPANDENAGAR, HUBLI- 580 029. BY FUTURE GENERALI INDIA INSURANCE CO. LTD., No.31, 3RD FLOOR, ABOVE CROMA SHOWROOM, SHRAVANEE KRISHNA MANSION, 100 FEET ROAD, II BLOCK, JAYANAGARA, BENGALURU - 560 011.
BY IT’s CLAIMS MANAGER.
...APPELLANT (BY SRI O MAHESH, ADVOCATE) AND:
1. RANGASWAMY AGED 63 YEARS S/O LATE HUCHAIAH RESIDING AT "SAHITHI NILAYA"
7TH 'A' CROSS, SHETTIHALLI ROAD, TUMAKURU - 572 101.
2. SREENIVAS DUGGAPPA MAJOR, S/O DUGGAPPA, R/O # E-162, GANGONDNAHALLI MAIN ROAD, NELAGADHARANAHALLI BANGALORE - 560 073.
...RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2019 PASSED IN MVC No.976/2014, ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF Rs.6,03,399/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appeal is listed for orders. In the nature and the circumstances of the case, I.A.NO.1/2019 is allowed. Delay of 33 days in filing the appeal is condoned. The matter is taken up for final disposal.
2. The appeal by the Insurance Company is directed against the impugned judgment and award dated 04.01.2019 passed in MVC No.976/2014 by the I Additional District Judge and MACT, Tumakuru, wherein the claim petition filed by the petitioner came to be allowed awarding the compensation of Rs.6,03,399/- together with interest at the rate of 6% p.a. from the date of petition till its realization.
3. In order to avoid confusion and overlapping, the parties herein are referred to in accordance with their rankings as held by them before the Tribunal.
4. The road traffic accident that led to initiation of the claim petition is a road traffic accident dated 4.2.2013 when the petitioner and his daughter after completing their work at Sanganahalli village were returning from Sanganahalli to Tumkur on their Hero Honda bike bearing its Reg.No.KA.06.ED.6045 on Chelur-Tumkur road which was driven by the petitioner and his daughter was a pillion rider. At about 7.30 p.m. when they were proceeding from Chelur side towards Tumkur infront of Manjunatha wines at Bellavi, lorry bearing Registration No.KA.52.6758 being driven by its driver in a rash and negligent manner came from their back side and dashed against their motor bike and caused accident. Because of which petitioner and his daughter fell down from the bike and petitioner sustained grievous injuries. He had undergone series of medical treatment at hospital. He was hospitalized from 5.2.2013 to 23.2.2013. It is claimed that he was working as Supervisor in HMT Factory, Devarayapatna, Tumkur and earning Rs.30,000/- per month and also an agriculturist. He spent Rs.2,50,000/- towards medical and other expenses and claimed compensation of Rs.10.00 lakh.
5. The Insurance Company resisted the claim of the petitioner and denied the contentions.
6. The learned Member of the Tribunal considering the accident, nature of injuries sustained, claim and negligence has awarded the compensation of Rs.6,03,399/- together with interest at 6% p.a. The same is challenged before this Court by the Insurance Company.
7. Heard the learned counsel for appellant and perused the judgment passed by the Tribunal.
8. The monthly income of the petitioner was considered at Rs.7,000/- per month and disability at 65% to the whole body. As per Ex.P3-Wound certificate petitioner suffered history of neck pain with weakness of all four limbs.
9. Dr.Dhande Mukesh Arun was examined as CW1 through Court Commissioner and he has stated that petitioner has suffered disability of 65% to the whole body. In the wound certificate reference considered by the Doctor is ‘ history of neck pain and weakness of all four limbs.”
10. Learned counsel Sri. O. Mahesh, appearing for the Insurance Company would submit that the narration of the accident has been twisted by the claimant in order to get compensation. It is further submitted that the accident happened when the petitioner dashed the rare side of the lorry and the same is presented in a diagonally opposite manner. Criminal case is registered against the driver of the lorry. In the over all context and circumstances, the objections raised regarding negligence on the part of the petitioner remains to be objections for the sake of objections without there being any substance in it. Hence, it is rejected.
11. The compensation awarded by the learned
Loss of future income Rs.3,69,000/-
Loss of income during laid up period Rs. 21,000/-
Total Rs.6,03,399/-
12. The petitioner was aged about 55 years as on the date of accident. Monthly income is considered at Rs.7,000/- and disability is considered at 40% and applying ‘11’ multiplier, awarded Rs.3,69,600/- towards loss of future income and also awarded compensation under other head as mentioned above. I find the compensation granted and liability fastened on the Insurance Company by the learned Member appears to be just and fair. There is no necessity to continue the proceedings further. The appeal is liable to be rejected at this stage itself. Accordingly, it is rejected.
Office is directed to transmit the amount in deposit to the concerned Tribunal forthwith.] In view of the dismissal of the appeal, prayer sought in IA No.2/2019 filed for stay does not survives for consideration. Hence, it is disposed of.
tsn* Sd/- JUDGE