IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.4043/2015 [MV] BETWEEN:
REGIONAL MANAGER NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE SUBHARAM COMPLEX #144, M G ROAD BANGALORE-560001.
(BY SRI. A N KRISHNA SWAMY, ADV.) AND:
1. ARPAN PETER S/O N.B.PETER NOW AGED ABOUT 29 YEARS R/A FLAT 12, KRISHNA TYPE 2ND AUSHAKTHI APARTMENTS NAGARABHAVI BENGALURU-560072.
2. VINOD BANGERA S/O LATE VISHWANATH BANGERA #1, GROUND FLOOR PADMA PARADISE #12, 8TH CROSS, K.K.HALLI BENGALURU-560084.
(BY SMT.D K KAMALA, ADV. FOR R1 R2 –SERVED & UNREPRESENTED) ...APPELLANT …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2015 PASSED IN MVC. NO.3399/2013 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BANGALORE, AWARDING COMPENSATION OF RS.87,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS M.F.A COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The Insurer is in appeal against the judgment and award dated 04.02.2015 passed in MVC No.3399/2013 on the file of the Court of Small Causes, Mayohall Unit, Bangalore.
2. The claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988, (for short ‘the Act’) claiming compensation for the injuries sustained in a Road Traffic Accident. It is stated that on 12.05.2013 when the claimant was driving Maruthi Car bearing No.KA-03/MN.9892, he drove the Car in a rash and negligent manner and dashed to a Lorry, which was parked in the middle of the road without any signal or indicator, due to the impact he sustained major injuries. Immediately he was shifted to Columbia Asia Hospital at Mysore and he has spent Rs.1,00,000/- towards medical expenses. He was aged 27 years as on the date of accident. He was doing business and was earning Rs.40,000/- per month.
3. On issuance of summons the 1st respondent appeared before the tribunal and filed its written statement contending that the petition is not maintainable either on law or on facts, but admitted the issuance of policy in respect of the Maruthi Car. It also admitted that the accident occurred due to the negligence of the claimant i.e, the driver himself and stated that he was not entitled for any compensation. It is also contended that no premium is paid to cover the driver or representative of the insurer. Claimant examined himself as PW.1 and marked the documents Exs.P1 to P12. Respondent marked the documents Ex.R1 to R3. The tribunal on appreciating the material on record awarded total compensation of Rs.87,000/- along with interest at 6% p.a. from the date of petition till the date of realization on the following heads :-
4. The insurer is in appeal contending that the impugned judgment and award is contrary to Schedule II of Section 163-A of the Act.
5. Heard the learned counsel for the appellant – Insurance Company and learned counsel for the respondents. Perused the entire material on record.
6. Learned counsel for the appellant – Insurance Company would submit that the claim petition is filed under Section 163-A of the Act and compensation awarded by the Tribunal is contrary to Schedule II to Section 163-A of the Act. It is his submission that the claimants would be entitled for Rs.5,000/- towards grievous injuries and Rs.1,000/- towards non-grievous injuries, apart from medical expenses of Rs.15,000/-. The Tribunal proceeded to award compensation as though the claim petition was filed under Section 166 of the Act. Therefore, he prays for reduction of the compensation in accordance with Schedule II of Section 163 A of the Act.
7. Per contra, learned counsel for the respondents submits that the Tribunal has awarded just compensation based on the material on record. Thus prays for dismissal of the claim petition.
8. The occurrence of the accident on 12.05.2013 involving Maruthi Car bearing No.KA-03/MN-9892 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The only contention urged by the insurer is that the compensation awarded is contrary to Schedule II of Section 163-A of the Act. Clause 4 of Schedule II of Section 163-A of the Act reads as follows :-
"4. General Damages in case of Injuries and Disabilities:
i) Pain and Sufferings a) Grievous injuries b) Non-grievous injuries ii) Medical Expenses- actual expenses incurred supported by bills/vouchers but not exceeding as one time payment.”
A reading of the above clause makes it clear that claimant would be entitled for Rs.5,000/- towards grievous injuries and Rs.1,000/- towards non-grievous injuries, apart from medical expenses of Rs.15,000/-. In the instant case, the claimant has suffered one grievous injury for which he would be entitled for Rs.5,000/- and two non-grievous injuries for which he would be entitled to Rs.2,000/- apart from medical expenses of Rs.15,000/-. Thus the claimant would be entitled for Rs.22,000/-. The tribunal could not have awarded compensation in excess of what is stipulated under Schedule II of Section 163-A of the Act.
9. Accordingly, the appeal is allowed in part. The impugned judgment and award is modified to the above extent. The claimant would be entitled to reduced compensation of Rs.22,000/- as against Rs.87,000/- awarded by the Tribunal, with interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE NG* CT:bms