Partly allowed

Heena Kousar v. Icici Lombard General Insurance Company Ltd.

Karnataka HC29 Nov 2022MFA/3675/2020

Case brief

AI extract

What is this about?

This judgment allows a MOTOR VEHICLE FIRST APPEAL seeking enhancement of compensation. The Court increased the damages awarded by the Claims Tribunal due to permanent disability and medical expenses. The compensation allowance was enhanced from Rs. 2,25,000 to Rs. 2,55,000.

What did the court decide?

Enhanced compensation of Rs. 2,55,000/- with interest at 6% p.a. awarded to the claimant. The insurance company is directed to deposit the amount within six weeks.

Heena Kousar Vs Icici Lombard General Insurance Company Ltd. — Insurance | Karnataka HC (2022)

¶1

¶2

MFA No. 3675 of 2020

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 29^TH DAY OF NOVEMBER, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 3675 OF 2020 (MV-I)

¶7

BETWEEN:

¶8

HEENA KOUSAR W/O SYED BASHEER AGED ABOUT 44 YEARS R/AT NO.133, 2ND CROSS KANAKANAGAR, R T NAGAR BANGALORE NORTH-560032.

¶9

…APPELLANT

¶10

(BY SRI. P SURESH.,ADVOCATE)

¶11

AND:

¶12

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.121, ESTATE BUILDING 9TH FLOOR, DICKENSON ROAD BENGALURU-560001 REP BY ITS INCHARGE MANAGER

¶13

Digitally signed by C MALATHI 2. M/S STAR ALLIANZ CHITS PVT LTD Location: High THE INCHARGE MANAGER/PROPRIETOR Court of 2ND MAIN, 2ND CROSS, Karnataka GANGANAGAR, BANGALORE-560032

¶14

…RESPONDENTS

¶15

(BY SRI. B C SHIVANNE GOWDA.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 29.11.2022)

¶16

¶17

MFA No. 3675 of 2020

¶18

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.11.2019 PASSED IN MVC NO. 3537/2018 ON THE FILE OF THE MEMBER, PRL. MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶19

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶20

JUDGMENT

¶21

This appeal under Section 173(1) of Motor Vehicles

¶22

Act, 1988 (hereinafter referred to as ‘the Act’) has been

¶23

filed by the claimant being aggrieved by the judgment dated 02.11.2019 passed by the MACT, Bengaluru in MVC No.3537/2018.

¶24

Facts giving rise to the filing of the appeal

¶25

briefly stated are that on 18.05.2018 at about 03.00 p.m., the claimant was traveling in an Autorickshaw bearing Registration No.KA.04/D.6870. When they reached near Devi Nagar Cross, Devinagar Ring Road, Railway Bridge, at that time, the driver of the Car bearing Registration No.KA.04/MR.7938 drove the same in a rash and negligent manner, so as to endanger human life and safety of others

¶26

¶27

MFA No. 3675 of 2020

¶28

and dashed against the Autorickshaw. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

¶29

The claimant filed a petition under Section 166 of the Act seeking compensation. It was pleaded that she spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

¶30

On service of notice, the respondent Nos.1 and 2 have appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. The age, avocation and income of the claimant and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, they sought for dismissal of the petition.

¶31

¶32

MFA No. 3675 of 2020

¶33

On the basis of the pleadings of the parties, the

¶34

Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant herself was examined as PW-2 and Dr.Abhinandan Patel was examined as PW-3 and got exhibited documents namely Ex.P1 to Ex.P32. On behalf of the respondents, neither any witness was examined nor any document was produced. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.2,25,000/along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

¶35

The learned counsel for the claimant has contended that due to the accident, the claimant has suffered three grievous injuries. She has examined the

¶36

¶37

MFA No. 3675 of 2020

¶38

doctor as PW-3. The doctor has stated in his evidence that the claimant has suffered the disability of 36.25% to particular limb and 12% to whole body. She has spent more than Rs.66,029/- for medical expenses. She has suffered lot of pain during the treatment. The overall compensation granted by the Tribunal is on lower side. Hence, he sought for enhancement of compensation.

¶39

On the other hand, the learned counsel for the Insurance Company has contended that the injuries suffered by the claimant are minor in nature. Therefore, considering the evidence of the claimant and injuries suffered by her, the Tribunal has granted just and reasonable compensation. Hence, he sought for dismissal of the appeal.

¶40

Heard the learned counsel for the parties and perused the records.

¶41

It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred due

¶42

¶43

MFA No. 3675 of 2020

¶44

to rash and negligent driving of the offending vehicle by its driver.

¶45

Due to the accident, she has sustained swelling in right cheek, upper and lower lips, tenderness and nasal bleeding, punctured wound over forehead, lossening of tooth lower front, loss of upper left incisor, breakage of canine and upper incisor and knee B/L abrasion. She has examined the doctor. The doctor has stated in his evidence that the claimant has suffered the disability of 36.25% to particular limb and 12% to whole body. She has spent more than Rs.66,029/- for medical expenses. She has suffered lot of pain during the treatment. She has suffered with the disability throughout her life. Therefore, considering the evidence of claimant, considering the medical bills and the injuries suffered by the claimant, I am of the opinion that in addition to the compensation awarded by the Tribunal, Rs.30,000/- has been awarded with interest at 6% per annum..

¶46

¶47

MFA No. 3675 of 2020

¶48

In the result, the appeal is allowed in part . The judgment of the Claims Tribunal is modified.

¶49

The claimant is entitled to a total compensation of Rs.2,55,000/-.

¶50

The Insurance Company is directed to deposit the enhanced compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.

¶51

Sd/JUDGE

¶52

¶53

List No.: 2 Sl No.: 12

Heena Kousar v. Icici Lombard General Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Heena Kousar v. Icici Lombard General Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Onteddu Eswari Vs Mr. Shivakumar

Smt. Zarina Vs the Divisional Manager

Shakel Ahamed Vs the Divisional Manager

Sri Naveen Alwyn Lasrado Vs the Branch Manager

Rangamma Vs Doddaiah Y

Kumar Vs P Mohan