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 M.F.A. NO.2416 OF 2019 (MV) BETWEEN The Manager, Cholamandalam M.S.GIC Ltd., Unit No.4, Golden Heights, 9th Floor, 59th C Cross, Industrial Suburb, 4th M Block, Rajajinagar, Bangalore – 10.
... Appellant (By Sri. Pradeep B, Advocate) AND 1. C. Praveen, S/o Chandrakanth, Aged about 30 years, R/o Flat No.934, Munishamappa Road, R.S.Palya, M.S.Nagar Post, Bangalore – 33.
2. H.R.Indresh, S/o H.P.Ramanjani, Major, R/o No.07, Indra Krupa, Hennur Village, Kalyan Nagar Post, Bengaluru – 43.
3. The Liberty Videocon GIC Ltd., Prestige KADA, 3rd Floor, Unit No.302, No.202, Richmond Road, Bengaluru – 25.
4. M/s. Core Logistic Company, Door No.604 A, NSIT, Thottam, Salem Road, Nammakkal – 637 001, Tamilnadu.
... Respondents This MFA is filed under Section 173(1) of MV Act against the Judgment and Award dated:03.10.2018, passed in MVC No.4551/2016, on the file of the XIX Additional SCJ & MACT, Bengaluru [SCCH – 17], awarding compensation of Rs.03,16,786/- with interest at 7.5% p.a. from the date of petition till realization.
This MFA coming on for orders, this day, the Court delivered the following:
JUDGMENT Though this appeal is listed for orders on I.A.2/2019 filed for condonation of delay of 35 days in filing the appeal and I.A.3/2019 seeking stay, in the nature and circumstances of the case, I.A.2/2019 is allowed. Delay of 35 days in filing the appeal is condoned. The matter is taken up for final disposal.
2. Heard the learned counsel for the appellant.
3. This appeal by the Insurance Co. is directed against the judgment and award dated 03.10.2018 passed in MVC No.4551/2016 by the XIX Additional SCJ and MACT, Bengaluru (SCCH-17) along with three other claim petitions. In so far as the present claim petition is concerned, it is in respect of MVC No.4551/2016, wherein the claimant sustained injuries and the compensation is awarded, considering the accident, negligence and disability. The learned Member has awarded the compensation of Rs.3,16,786/- with interest, fixing 50% liability on the appellant.
4. The road traffic accident is stated to have occurred on 15.12.2015 at about 8.30 p.m. when the petitioner and others were returning to Muddanahalli from Madanapalle by tractor bearing registration No.
CAW 2802. Meanwhile, near Permachanahalli – Nayandrahalli gate, a Scorpio vehicle bearing registration No. TN-28/AP-9510 came in a rash and negligent manner and dashed against the tractor. Meanwhile, a lorry bearing registration No.TN-28/AP- 9510, driven in a rash and negligent manner, came to the wrong side of the road and dashed against the tractor, because of which, the petitioner sustained injuries.
5. In so far as the petitioner - claimant in MVC No.4551/2016 is concerned, he sustained the following injuries :
“Lacerated wound over right forehead, lacerated wound over left cheek, chest pain, pain over right shoulder, fracture 4th rib, undisplaced radial styloid fracture, ligament injury foot right and AC joint dislocation.”
6. The total disability is considered at 15%.
However, the doctor who gave evidence is not the one who treated the petitioner . The insurance company contended that the disability did not exceed 8%.
However, considering the nature of injuries and the fact of disability, the learned Member has granted compensation as under :
a) Towards pain and suffering Rs.75,000/-
b) Towards attendant charges extra food and conveyance expenses Rs.10,000/-
c) Towards medical expenses Rs.1,04,786/-
d) Towards loss of income during laid up period Rs.27,000/-
e) Loss of income NIL f) Loss of income due to permanent disability Rs.75,000/-
g) Loss of future amenities and happiness Rs.25,000/-
h) Towards future medical expenses NIL Rs.3,16,786/-
7. The petitioner claims to be a carpenter.
Learned counsel Sri. Pradeep B., appearing for the Insurance Co. would submit that the total negligence was on the driver of the Scorpio and the driver of the lorry which is insured with the appellant – Company has nothing to do with the rash and negligent driving and he did not contribute any portion of negligence.
8. The learned Member has granted compensation of Rs.75,000/- under the head `loss of income due to permanent disability’ and ‘loss of future income’ is not separately assessed. Regard being had to the fact that an amount of Rs.75,000/- is granted under the head ‘loss of income due to permanent disability’, the compensation has to be considered to be a global one and it appears to be fair and just compensation and does not require further proceedings. The appeal is liable to be rejected at this stage. Accordingly, it is rejected.
Amount in deposit shall be transmitted to the Tribunal forthwith. Further, the learned Member is justified in saddling 50% liability on the appellant – Insurance Company.
In view of disposal of the main matter, I.A.No. 3 of 2019 filed for stay does not survive for consideration. Consequently, it is rejected.
Sd/- JUDGE Mgn/-