IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.1774/2017 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.2227/2017 (MV) IN MISCELLANEOUS FIRST APPEAL NO.1774/2017 Between:
Sri B.S.Gangadharaiah @ Gangadhar, S/o Subbaiah,Aged about 44 years, R/at No.361, 4th main, Srigangadhada Kaval, Nagarabhavi, Bengaluru – 560 091.
Previously at No.3, 2nd main road, 10th cross, Gajanana Nagar, Hegganahalli Cross, Bengaluru – 560 091.
(By Sri B.C.Venkatesh, Advocate) ... Appellant And:
1. M/s.Reliance General Insurance Co.Ltd., No.28, East Wing, 5th Floor, Centenary Building, M.G.Road, Bengaluru – 560 001.
2. Sri.Sheikh Adil, S/o Abdul Lathief, Aged about 38 years, Mahaveer Willow, No.239, 1st floor, 2nd Block, Valagerehalli, Kengeri Satellite Town, Bengaluru – 560 060.
(By Sri.H.S.Lingaraj, Advocate for R1) …Respondents.
This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 21.01.2017 passed in MVC No.844/2015 on the file of the XVI Additional Judge, Member, MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
IN MISCELLANEOUS FIRST APPEAL NO.2227/2017 Between:
M/s.Reliance Insurance Company Limited, Regional Office, No.28, East Wing, 5th Main, Centenary Building, M.G.Road, Bengaluru – 560 001, By its Area Manager. … Appellant (By Sri H.S.Lingaraju, Advocate) And:
1. Sri B.S.Gangadharaiah @ Gangadhar, S/o Subbaiah, Aged about 44 years, R/at No.361, 4th main, Srigangadhada Kaval, Nagarabhavi, Bengaluru – 560 091.
Previously at No.3, 2nd main road, 10th cross, Gajanana Nagar, Hegganahalli Cross, Bengaluru – 560 091.
2. Sri Sheikh Adil, S/o Abdul Lathief, Major, R/at Mahaveer Willow, No.239, I Floor, 2nd Block, Valagerahalli, Kengeri Satellite Town, Bengaluru – 560 060.
…Respondents.
(By Sri B.C.Venkatesh, Advocate for R1 and Sri N.Shashidhara, Advocate for R2) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 23.01.2017 passed in MVC No.844/2015 on the file of Member, MACT and XVI Additional Judge, Court of Small Causes, Bengaluru, awarding compensation of Rs.9,02,000/- with interest at 9% P.A., from the date of petition till the date of payment.
These appeals coming up for Admission this day, the court delivered the following:
JUDGMENT Appeal in M.F.A.No.1774/2017 is filed by the claimant/appellant as against Judgment and Award dated 21.01.2017 passed in MVC No.844/2015 on the file of the XVI Additional Judge, Member, MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation. The Tribunal has awarded compensation of Rs.9,02,000/-. Accident is of the year 09.07.2014.
2. Appeal in M.F.A.No.2227/2017 is filed by the Insurance Company challenging the said judgment and award on the ground of liability and quantum.
3. Heard the learned counsel for both the parties, in both the appeals.
4. The accident is of the year 2013. The accident is not in dispute. The claimant has suffered the injuries in the road traffic accident occurred on 09.07.2014. In the accident the claimant-injured has sustained swelling and tenderness over left forearm, left thigh, left leg, tenderness over hip region, lacerated would over right chest and he has taken treatment as inpatient from 09.07.2014 to 25.09.2014 and he has spent Rs.10,00,000/- towards medical, conveyance, nourishment and other incidental charges etc. Thereafter, he has filed claim petition before the claims Tribunal. In support of his claim having suffered injuries, he has examined a Doctor as PW5, who has deposed that the injured has suffered fracture injuries and has suffered permanent disability to the extent of 61% to left upper and lower limbs and 31% to whole body.
5. Learned counsel for the Insurance Corporation has submitted that with reference to the injuries suffered by the injured and also considering the evidence of PW5 what has been awarded by the Tribunal is on higher side. The amount awarded under the head disability is a repetition after assessing loss of income due to disability. Hence the said amount is taken out.
6. Considering the Medical evidence and deposition of the claimant, the compensation awarded by the claims Tribunal is little on the higher side on some of the following heads which requires modification by this Court as stated herein below, which shall carry interest as awarded by the Tribunal.
Head Amount awarded by the Tribunal Rs.
Reduced/ Retained amount Rs.
1 Pain and sufferings 75,000-00 75,000-00 2 Medical expenses 1,56,000-00 1,56,000-00 3 Nourishment, conveyance & attendant charges 4 Loss of income during laid up period (Rs.10,000x6) 75,000-00 50,000-00 1,00,000-00 60,000-00 5 Loss of future income 3,36,000-00 3,36,000-00 6 Disability 50,000-00 -
7 Loss of amenities 50,000-00 75,000-00 8 Future medical expenses 20,000-00 20,000-00 9 Repair charges 40,000-00 40,000-00 Total 9,02,000-00 8,00,000-00 7. It is to be mentioned here that interest awarded at 9% is also on the higher side which is reduced to 6%.
8. Accordingly, Appeal in M.F.A.No.2227/2017 filed by the appellant-Insurance company is allowed in part. The judgment and award dated 21.01.2017 passed in MVC No.844/2015 on the file of the XVI Additional Judge, Court of Small Causes & Member, MACT, Bengaluru, is modified. The claimant-appellant is entitled for total compensation of Rs.8,00,000/- as against Rs.9,02,000/- which shall carry interest at 6% p.a. from the date of petition till the date of realization.
9. With the above observations, Appeal in M.F.A.No.1774/2017 filed by the claimant-appellant is dismissed.
Amount in deposit in the appeal filed by the Insurance Company shall be transmitted to MACT.
Sd/- JUDGE DL