Partly allowed

Smt M Bujjamma @ Bujjamma v. M/S United India Insurance Co. Ltd.

Karnataka HC29 Nov 2022MFA/7346/2018

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Claimant's appeal in part, enhancing the award by a further sum of Rs. 1,47,000/- along with interest. The court increased compensation for permanent disability and loss of amenities based on higher disability percentage and income estimates.

What did the court decide?

Enhanced compensation of Rs.1,47,000/- with interest at 6% p.a. on the excess amount; original judgment modified.

Smt M Bujjamma @ Bujjamma Vs M/S United India… — Motor Accident Claims | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 29^TH DAY OF NOVEMBER, 2022

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

¶6

M.F.A.No.7346 OF 2018 (MV-I)

¶7

BETWEEN:

¶8

SMT. M. BUJJAMMA @ BUJJAMMA W/O. JAGANNADHAM AGED ABOUT 39 YEARS, R/AT NO.13-207A, WARD NO.13, PALAMNER CHITTOOR DISTRICT ANDHRA PRADESH

¶9

PRESENTLY R/AT NO.8, 6TH CROSS, HEBBAL, KEMPAPURA BENGALURU-560 123.

¶10

… APPELLANT

¶11

(BY SRI. GURUDEV PRASAD K.T., ADVOCATE)

¶12

AND:

¶13

M/S. UNITED INDIA INSURANCE CO.LTD., T.P. HUB, 6TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 001 BY ITS MANAGER.

¶14

M/S. SRI. RAMALINGESHWARA PAPER PRODUCTS PVT. LTD., VEMULAPALLI, DWARAPUDI EAST GODAVARI DISTRICT ANDHRA PRADESH-533 341.

¶15

… RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R1, SRI. HEMANTH KUMAR B.G., ADVOCATE FOR R2)

¶16

¶17

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.05.2018 PASSED IN MVC NO.4571/2017 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-17), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶18

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

¶19

JUDGMENT

¶20

This appeal is filed by the claimant under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.4571/2017 dated 04.05.2018 by the Court of XIX Additional Small Causes Judge and MACT (SCCH-17), Bengaluru, seeking enhancement of the compensation.

¶21

The brief facts of the case are that on 12.07.2017, at about 6.00 p.m., the claimant was on foot path on the left side of Dandapalli Road, Palamner, at that time a car bearing registration No.AP-05/BV-7272

¶22

¶23

came from opposite direction driven by its driver in a rash and negligent manner and caused accident, due to which, the claimant fell down and has sustained injuries. Therefore, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, seeking

¶24

compensation.

¶25

The Tribunal after considering the facts and circumstances and evidence on record, has granted compensation of Rs.3,52,600/- with interest at the rate of 7.5% per annum from the date of petition till the date

¶26

of realisation, under the following heads:

¶27

Sl.No.	Particulars	Amount (in.Rs.)
1.	Pain and sufferings	60,000-00
2.	Attendant charges, extra food and conveyance espenses	15,000-00
3.	Medical expenses	-
4.	Loss of income during laid up period	27,000-00
5.	Loss of income due to permanent disability	2,10,600-00
6.	Loss of future amenities and happiness	20,000-00
7.	Future Medical Expenses	20,000-00
	Total	3,52,600.00

¶28

¶29

4. Being aggrieved by the lesser quantum of

¶30

compensation, the present appeal is filed.

¶31

Heard the learned counsel for the appellant

¶32

and the learned counsel for the respondent-Insurance Company and perused the records.

¶33

Learned counsel for the appellant/claimant submitted that the quantum of compensation awarded by the Tribunal is meager one and prays for enhancement of compensation.

¶34

On the other hand, learned counsel for the respondent-Insurance Company submitted that the compensation awarded by the Tribunal is just and proper and therefore, prays for dismissal of the appeal.

¶35

The Tribunal has taken the functional

¶36

disability as 13% after appreciation of evidence and

¶37

¶38

material on record. The doctor has stated that the claimant has suffered (i) fracture of both bones lower 1/3rd shaft and the right leg (ii) Abrasion measuring 6x3 cm., at back left elbow (iii) Abrasion on the part of under, middle and ring fingers of left hand and (iv) Abrasion on the outer ankle measuring 2cm x 1inch.,

¶39

9. The claimant is an agriculturist and she was

¶40

aged about 38 years at the time of accident. The doctor has stated that the claimant has suffered permanent physical disability of 51%. The Tribunal has taken the lesser percentage of disability, which is incorrect. Considering the nature of injuries suffered by the claimant and evidence of doctor, the disability is to be taken at 17%. The accident is of the year 2017. The Tribunal has taken the notional income of the claimant as Rs.9,000/-, which is not correct. Therefore, the notional income would be Rs.11,000/- p.m. as per the chart prepared by the Karnataka State Legal Services

¶41

¶42

Authority. The appropriate multiplier applicable is '15'. Therefore, 'loss of earning capacity due to disability' is assessed and quantified as Rs.3,36,600/-

¶43

(Rs.11000x17%x15x12).

¶44

The Tribunal has awarded a sum of Rs.27,000/- towards 'loss of income during laid up period'. The same is enhanced to Rs.33,000/(Rs.11000x3 months), as he might have constrained not to work for a period of three months.

¶45

The Tribunal has awarded a sum of Rs.20,000/- towards 'loss of amenities', which is on the lesser side. Considering the nature of injuries, discomfort and unhappiness suffered by the claimant on account of the accident, the same is enhanced to Rs.35,000/-.

¶46

The compensation awarded under other heads are just and proper and the same are undisturbed.

¶47

¶48

Thus, in all, the claimant is entitled for the

¶49

following compensation :

¶50

Sl.No.	Particulars	Compensation awarded (in Rs.)
1.	Pain and sufferings	60,000-00
2.	Attendant charges and extra food & conveyance expenses	15,000-00
3.	Loss of income during laid up period	33,000-00
4.	Loss of income due to permanent disability	3,36,600-00
5.	Loss of future amenities and happiness	35,000-00
6.	Future medical expenses	20,000-00
	TOTAL	4,99,600-00

¶51

The Tribunal has awarded the compensation of Rs.3,52,600/-, but the appellant/claimant is entitled to total compensation of Rs.4,99,600/- . Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,47,000/- (Rs.4,99,600 - Rs.3,52,600) along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the

¶52

Tribunal.

¶53

¶54

Accordingly, I proceed to pass the following:

¶55

ORDER

¶56

i. The appeal is allowed-in-part .

¶57

ii. The judgment and award passed by the Tribunal in MVC No.4571/2017 dated 04.05.2018 by the XIX Additional Small Causes Judge and MACT, Bengaluru, is hereby modified holding the claimant is entitled for enhanced compensation of Rs.1,47,000/- with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

¶58

iii. The claimant is not entitled for interest for the delayed period of 15 days in filing the appeal.

¶59

iv. Costs made easy.

¶60

v. Ordered accordingly.

¶61

vi. Draw the award.

¶62

JUDGE

¶63

snc

Smt M Bujjamma @ Bujjamma v. M/S United India Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Smt M Bujjamma @ Bujjamma v. M/S United India Insurance Co. 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

Nataraj Vs Yogisha

Sri. Rangeshappa K S Vs Prabhakara H M

The National Insurance Company Limited Vs Ramesha

M/S United India Insurance Company Limited Vs Eregowda

Master Mithun Vs Shri. Shivakumar K

Sri. D. C. Kumar Vs Sri. Premkumar