IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.2493 OF 2019 (MV) BETWEEN:
THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., No.28, CENTENARY BUILDING EAST WING, NEAR CITY BANK 5TH FLOOR, M.G. ROAD BANGALORE-560001.
(BY SRI. PRADEEP B, ADV.) AND:
1. NANDIGUM HARI @ HARI NANDIGUM S/O CHANGALRAYPPA NANDIGUM AGED 42 YEARS.
SINCE MENTAL INFIRMITY REPTD. BY NEXT FRIEND AND HIS WIFE SMT. SYAMALA NANDIGAM R/AT. No.29-304, BHAGATH SINGH COLONY, MUNGANUR CHITOOR-517247, ANDHRA PRADESH.
2. M/S. TRAVELS WORLD SAI RAM MANSION, No.9 4TH MAIN ROAD, KUMARA PARK WEST SRIRAMPURAM, BANGALORE-560021.
(BY SRI. GOPAL L.T. ADV., FOR C/R1) - - -
… APPELLANT … RESPONDENTS This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 10-12-2018, passed in MVC nO.1669/2014, on the file of the Member, MACT, XVIII Additional Judge, Court of Small Causes, Bengaluru (SCCH-4), awarding compensation of Rs.20,33,000/- (excluding future medical expenses) with interest at the rate of 6% p.a. from the date of petition till realization and etc.
This appeal coming on for Admission this day, the Court delivered the following:-
JUDGMENT Appeal is directed against the judgment and award dated 10.12.2018, passed in MVC No.1669/2014 by the MACT, Bengaluru, wherein the Tribunal has awarded the compensation of `20,33,000/- with interest. The Insurance Company has come up in appeal claiming that the assessment of compensation is on the higher side and disputed the quantum of negligence.
2. In order to avoid the confusion and overlapping, the parties are addressed in accordance with their rankings as held before the Tribunal.
3. The incident that gave rise to initiation of proceeding before the Trial Court is that on 26.10.2013 at about 10.40 a.m., the petitioner was riding motor cycle bearing registration No.KA-53 H-9142 and when he was near Coffee Day, Silk Board, HSR outer ring road, a car bearing registration No.KA-04 C-8065 came in a rash and negligent manner and dashed against the motor cycle, because of which the petitioner fell down and sustained massive injuries. He was admitted to Green View Hospital and thereafter, shifted to Apollo Specialty Hospital for further treatment. He was inpatient from 26.10.2013 till 04.12.2014 and again he was admitted from 05.02.2014 and treated upto 12.02.2014. He underwent LFT parietal cranioplasty with titanium mesh and bone cement was under GA. He had incurred heavy expenditure. The case came to be registered against the driver of the offending vehicle in Crime No.277/2013 for the offences punishable under Sections 279 and 338 of IPC. The respondent No.1 is stated to be owner and respondent No.2 is the insurer.
4. The learned Member considering the claim, contentions, accident, negligence and injuries, has granted compensation of `20,33,000/- under various heads. The same is challenged by the insurer.
5. The injuries sustained by the petitioner are stated to be as under:
1) Head injury – left fronto temporal parietal acute subdural haematoma with extensive fracture extensive, fracture extending across the midline 2) Right 5th and 6th rib fractures 3) Right clavicular displaced fracture Doctor has assessed the disability at 52.22% and the Tribunal has considered the whole body disability at 40%.
6. The medical expenses are totally `11,78,780/- rounded off to `11,99,000/-. The disability suffered by the petitioner is stated to be 52.22%.
7. In the present case, injuries are not limited to the body and it includes neuro disability as well. The claimant has side effects because of which it is stated that he finds difficulty to pronounce words, left craniotomy painful scar, tracheostomy scar. In this connection, it is necessary to mention the contents of paragraph at page No.14 of the judgment of the Tribunal which is as under.
“At present he has right sided weakness, slurred speech and pain at operate simple injury. On examination on 08.11.2017 his pulse was 80/min, Bp=130/180 mm Hg. He finds difficulty to pronounce words, left craniotomy painful scar, tracheostomy scar, right UMN VII nervice pasly, right sided spastic hemiparesis, upper limb grade 3/5, weak right grip, lower limb grade 3/5, right deep tendon refleses brisk with extensor plantar reflex (abnormal), he could not understand serial seven and digit span tests.”
8. Insofar as loss of future income is concerned, the amount of `5,76,000/- is granted considering 40% disability and his monthly income at `8,000/- which is calculated as `8000 x 12 x 15 x 40/100. The present disability cannot be calculated to regular disability by considering the total disability at 1/3rd.
9. On the other hand, the compensation awarded by the learned Member under different heads is fair and just and does not call for interference. There is no necessity to proceed further. The appeal is to be rejected at this stage itself. Hence, the appeal is rejected.
In view of the rejection of appeal, prayer sought in I.A. No.1/19 for stay does not survive for consideration.
Hence I.A. No.1/19 is disposed of accordingly.
Sd/- JUDGE RV