IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO M.F.A. NO.6406/2019 C/W M.F.A. NO.6407/2019 AND M.F.A. NO.6408/2019 (MV) IN MFA NO.6406/2019 BETWEEN:
THE MANAGER THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY HUB #9/2, MAHALAKSHMI CHAMBERS II FLOOR, M G ROAD BENGALURU-560 001 REPRESENTED BY NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE UNITY BUILDING ANNEX MISSION ROAD, BANGALORE.
… APPELLANT (BY SRI.A.N.KRISHNASWAMY, ADV.) AND:
1. SRI.C.MANJUNATH 43 YEARS, S/O.CGAMAIAH R/O. NO.31, 5TH CROSS 2ND MAIN, MARUTHINAGARA NEAR NAGARABHAVI, 80 FT. ROAD BENGALURU-560 072 2. SRI.R.PARI S/O.S.K.RAMASWAMY SRI.VIJAYALAKSHMI MOTORS CHOWDESHWARI TEMPLE STREET BHATAVADI, TUMKURU-572 101 3. SMT.C.BHARATHI, MAJOR S/O.C.MAHADEVA REDDY R/A NO.54, KHB COLONY KENGERI UPANAGARA BENGALURU-560 060 …RESPONDENTS (BY SRI.M.B.CHANDRACHOODA, ADV. FOR C/R-1) THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DTD: 28.02.2019 PASSED IN MVC NO.6293/2009 ON THE FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-13), AWARDING COMPENSATION OF RS.5,87,035/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT AND ETC.
IN MFA No.6407/2019 BETWEEN:
THE MANAGER THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY HUB #9/2, MAHALAKSHMI CHAMBERS II FLOOR, M G ROAD BENGALURU-560 001 REPRESENTED BY NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE UNITY BUILDING ANNEX MISSION ROAD BANGALORE … APPELLANT (BY SRI.A.N.KRISHNASWAMY, ADV.) AND:
1. SRI.K.RAMESHKUMAR REDDY @ RAMESH REDDY, 42 YEARS S/O.YERRAMMA REDDY R/O. NO.237, MAHAVEER CORNER APPTT. NEAR BETHEDSA CHURCH KENGERI UPANAGARA BENGALURU-560 060 2. SRI.R.PARI S/O.S.K.RAMASWAMY SRI.VIJAYALAKSHMI MOTORS CHOWDESHWARI TEMPLE STREET BHATAVADI, TUMKURU-572 101 3. SMT.C.BHARATHI, MAJOR S/O.C.MAHADEVA REDDY R/A NO.54, KHB COLONY KENGERI UPANAGARA BENGALURU-560 060 …RESPONDENTS (BY SRI.M.B.CHANDRACHOODA, ADV. FOR C/R-1) THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DTD: 28.02.2019 PASSED IN MVC NO.6294/2009 ON THE FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-13), AWARDING COMPENSATION OF RS.3,40,994/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT OF THE AMOUNT IN THE TRIBUNAL AND ETC.
IN MFA No.6408/2019 BETWEEN:
THE MANAGER THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY HUB #9/2, MAHALAKSHMI CHAMBERS II FLOOR, M . G ROAD BENGALURU-560 001.
REPRESENTED BY NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE UNITY BUILDING ANNEX MISSION ROAD BANGALORE (BY SRI.A.N.KRISHNASWAMY, ADV.) AND:
1. SRI.NARASIMHA REDDY 34 YEARS, S/O.VENKATARAMA REDDY … APPELLANT R/O. NO.237, MAHAVEER CORNER APPTT. NEAR BETHEDSA CHURCH KENGERI UPANAGARA BENGALURU-560 060 2. SRI.R.PARI S/O.S.K.RAMASWAMY SRI.VIJAYALAKSHMI MOTORS CHOWDESHWARI TEMPLE STREET BHATAVADI, TUMKURU-572 101 3. SMT.C.BHARATHI, MAJOR S/O.C.MAHADEVA REDDY R/A NO.54, KHB COLONY KENGERI UPANAGARA BENGALURU-560 060 …RESPONDENTS (BY SRI.M.B.CHANDRACHOODA, ADV. FOR C/R-1) THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DTD: 28.02.2019 PASSED IN MVC NO.6096/2009 ON THE FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-13), AWARDING COMPENSATION OF RS.75,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT OF THE AMOUNT IN THE TRIBUNAL AND ETC.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT With the consent of learned counsel on both sides matters are taken up for final disposal.
2. These are the three appeals directed against the common judgment and award passed in MVC No.6293/2009, 6294/2009 and 6096/2009 on the file of Additional Small Causes Judge and the MACT., Bengaluru (SCCH-13) dated 28.02.2019, wherein claim petitions filed under Section 166 of Motor Vehicles Act came to be allowed in part and the following compensation was ordered to the claimants:
The petitioner in MVC No.6293/2009 is awarded total compensation of Rs.5,87,035/- with interest at the rate of 6% per annum from the date of petition till deposit of the amount in the Tribunal.
The petitioner in MVC No.6294/2009 is awarded total compensation of Rs.3,40,994/- with interest at the rate of 6% per annum from the date of petition till deposit of the amount in the Tribunal.
The petitioner in MVC No.6096/2009 is awarded global compensation of Rs.75,000/- with interest at the rate of 6% per annum from the date of petition till deposit of the amount in the Tribunal.
Being aggrieved by the said order, the Insurance Company has come up in appeals challenging the quantum of compensation and permit violation as well.
3. The details of the accident that led to the proceedings before the Tribunal are that on 17.08.2009 at about 1 p.m. the petitioners in the above cases along with others were proceeding in a car bearing registration No.KA 41 M 193 which was being driven carefully. When they were moving on Bengaluru-Mysuru road near Kalastawadi village, Mysuru, a bus bearing Registration No.KA 04 B 0172 came in a rash and negligent manner violating traffic rules and dashed against the vehicle in which the petitioners were proceeding. Because of the said accident, the petitioners suffered injuries which one grievous in nature. They were shifted to Columbia Asia hospital at Mysuru. They under went continuous medical treatment, spent amounts and incurred medical expenditure.
4. Insofar as the present appeals are concerned, they pertain to three claims petitions which are numbered as MVC Nos.6293/2009, 6294/2009 and 6096/2009.
5. The learned Member considering the aspects of accident negligence, if any, has awarded the compensation as mentioned above.
6. In these appeals, learned counsel for Insurance Company submits that the compensation awarded is unreasonably on the higher side. The offending vehicle did not possess valid permit. He further submits that learned Member has erroneously assessed the monthly income of the claimants, loss of earning capacity and the award is liable to be set aside.
7. Learned counsel for the respondents - claimants Shri M.B.Chandrachooda would submit that there was no violation of permit. The vehicle was being run on the permitted route and when the road was not available because of Jatra and on account of deviation of traffic by the police, in regular route, however it ran by the side of the road which after the place of accident joins to the regular road. Regarding quantum, learned counsel for the claimants would submit that the compensation granted is infact on the lower side which requires to be enhanced.
8. In the over all context and circumstances of the case, the injury sustained in MVC No.6293/2009 connected to MFA No.6406/2019 are as under:
Petitioner has sustained split laceration 7 x 3 cm., and muscle deep on the front of chin in its middle 3rd contaminated, swelling deformity and tenderness in the right thigh associated with abnormal mobility and apparent shortening and x-ray revealed comminuted fracture shaft of upper 3rd of right femur and fracture neck of femur.
9. The disability is assessed at 21% to the whole body. The injured claimant is stated to be aged 33 years as on the date of accident. The break up of compensation awarded is as under:
1 Pain and sufferings Rs.50,000/-
2 Loss of future earning due to disability Rs.3,22,560/-
3 Medical expenses Rs.1,29,475/-
4 Conveyance expenses, nourishment % nutritious food 5 Loss of amenities & unhappiness Rs.40,000/-
Rs.25,000/-
6 Future medical expenses Rs.20,000/- Total Rs.5,87,035/-
10. The injuries sustained by the claimant in MVC No.6294/2009 connected to MFA No.6407/2019 are as under:
1. irregular avulsed laceration 7 x 2 cm & muscle deep extending from outer margin of right eye to right outer angle of mouth.
2. multiple superficial laceration over 4 x 2 cm. on right cheek.
3. multiple superficial laceration on right halves of inner surfaces of both upper and lower lips 4. multiple superficial laceration wound over an area of 8 x 5 cm. on forehead.
5. split laceration 9 x 0.5 cm. and bone deep on right half of forehead 6. avulsed laceration 5 x 2 cm. on the upper eye lid partial exposing the underlying tissues (palpebral conjuctiva and orbital fat) 7. Grazed abrasion 1.5 x 1 cm. on the right ala of nose 8. grazed abrasion 3 x 1.5 cm. on the arch of right cheek 9. avulsed laceration 3 x 2 cm. on the outer aspect of right pinna.
10. multiple superficial lacerations over all 4 x 4 cm. on the lower half of right cheek and upper half of neck 11. split laceration 1 x 1 cm. and skin deep on the front of right shoulder joint 12. superficial laceration 1 x 5 cm. on the front of upper 3rd of neck CT scan of brain showed cerebral edema.
11. The claimant is stated to be working in Railway Sub Contractor. His monthly income is considered by the learned Magistrate as Rs.8,000/-, Doctor has not examined. Break up is as under:
1 Pain and sufferings Rs. 75,000/-
2 Loss of earning during laid up period Rs. 75,000/-
3 Medical expenses Rs.1,10,994/-
4 Conveyance expenses, nourishment & nutritious food Rs. 30,000/-
5 Future medical expenses Rs.50,000/- Total Rs.3,40,994/-
12. Learned Member has considered the heads stated above, however, loss of future earning is not considered/mentioned. Regard being had to the fact that Doctor was not examined to ascertain the percentage of disability. In the over all circumstances of the case, present structure of compensation awarded is proper to be considered as a Global compensation. Hence, it appears to be just and proper to award compensation by way of global compensation at Rs.4,00,000/- instead of Rs.3,40,994/-.
13. Insofar as MVC No.6096/2009, claimant Narasimha reddy is stated to be a Driver and earning Rs.6,000/- per month and the injury sustained by him in the accident are as under:
Split lacerations two in numbers, adjacently placed measuring 3 x 4 cms and 3 x 3 cm and skin deep in the middle 3rd of chin, superficial laceration 1 x 1 cm. on the right cheek, laceration 0.5 x 0.5 cm and mucosa deep on the inner surface of middle 3rd of lower lip, multiple abrasions over an area of 7 x 5 cm. extending over the back of left wrist joint and lower 3rd of left forearm.
14. His monthly income is considered at Rs.6,000/-. Learned Member has also observed the adverse effect of the accident. Insofar as the compensation is concerned, a global one of Rs.75,000/- is granted. In the absence of material relating to disability and working capacity, I find it is just and fair to confirm the compensation at the said level in the over all circumstances of the case.
15. Insofar as the liability is concerned, the Insurance Company questions the tenability of compensation, in the light of violation of permit requirement. I find there are no cogent evidence or reliable material to hold the violation of permit condition by offending vehicle entitles to exonerate the liability of the insurance company. There is no necessity to proceed further in the matters and appeals deserve to be rejected. Accordingly they are rejected.
Amount in deposit in all these appeals, if any, be transmitted to MACT.
Sd/- JUDGE BS