Partly allowed

M/S Bajaj Alliance General Insurance Company Ltd. v. Lingappa R

Karnataka HC18 Dec 2023MFA/5055/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka heard cross appeals against a compensation award of Rs. 6,84,383 for injuries sustained in a motor vehicle accident. The court reduced the total compensation to Rs. 4,57,975. While dismissing the claimant's appeal for enhancement, it varied the heads of award to reflect insurance company arguments regarding income continuity and added amounts for legal expenses and futu

What did the court decide?

Compensation reduced from Rs. 6,84,383 to Rs. 4,57,975; claimant's appeal for enhancement dismissed; directions for deposit and withdrawal.

M/S Bajaj Alliance General Insurance Company Ltd. Vs… — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5055 OF 2019

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(MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 7907 OF 2019

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IN MFA NO. 5055 / 2019 BETWEEN:

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M/S BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD

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4TH FLOOR, GOLDEN HEIGHT BUIDING 59TH CROSS,

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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RAJAJINAGAR BANGALORE-560010 REP BY ITS MANAGER

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…APPELLANT

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(BY SRI. H N KESHAVA PRASHANTH.,ADVOCATE)

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AND:

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LINGAPPA R S/O RANGAIAH AGED ABOUT 65 YEARS R/O BEHIND SSIT COLLEGE

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2 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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OUTER RING ROAD MARALUR TUMAKURU

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MRS SARASWATHAMMA W/O GANGADHARAIAH R/O THIPPANAYAKANAHALLI IPPADI POST KUNIGAL TLAUK TUMAKURU DISTRICT

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…RESPONDENTS

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(BY SRI. M C BASAVARAJU.,ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED29.03.2019 PASSED IN MVC NO.860/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.6,84,383/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 7907 / 2019 BETWEEN

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LINGAPPA R S/O. RANGAIAH, AGED ABOUT 65 YEARS, R/A BEHIND SSIT COLLEGE, OUTER RING ROAD, MARALURU, TUMKUR-572102.

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...APPELLANT

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NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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(By SRI. M C BASAVARAJU., ADVOCATE)

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AND

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1 . MRS. SARASWATHAMMA W/O. GANGADHARAIAH, MAJOR, R/A THIPPANAYAKANAHALLI, IPPADI POST, KUNIGAL TALUK, TUMKUR DISTRICT - 572126.

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2 . BAJAJ ALLIANCE INSURANCE CO. LTD., 4TH FLOOR, GOLDEN HEIGHT BUILDING, 59TH CROSS, RAJAJINAGAR, BANGALORE - 560010.

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RESPONDENTS

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(By SRI. B. PRADEEP., ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019 PASSED IN MVC NO. 860/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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THESE APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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4 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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JUDGMENT

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Aggrieved by the award passed in M.V.C

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No.860/2017, dated 29.03.2019, on the file of the I Addl. District Judge and MACT, Tumkur, both the Insurance Company as well as the claimants are before this Court. Insurance Company's appeal is M.F.A No.5055/2019 and the claimants appeal is M.F.A No.7907/2019 for enhancement of the compensation.

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The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. As per the evidence of the doctor, the claimant had sustained fracture of both bones of Right leg, fracture shaft of right femur, fracture of 6, 7, 8 ribs on right side, contusion injury on right side of forehead. According to the claimant, he was doing agriculture work and milk vending business and earning Rs.15,000/- per month and he had also filed income tax returns Ex.P10 and Ex.P11 for the years 2012-2013, 2013-

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5 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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2014, 2014-2015, 2015-2016, 2016-2017 and 2018-2019.

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The Court below had taken the income as per the income tax returns and by applying the multiplier of 7 and the disability at 10% had granted an amount of under the head of loss of future income at Rs.4,01,377/-.

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The Court below had granted the compensation to the claimant under the following heads:

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Sl.No.	Heads	Compensation
1.	Pain and sufferings	Rs.50,000/-
2.	Medical expenses	Rs.1,78,475/-
3.	Food and nourishment	Rs.10,000/-
4.	Transportation charges	Rs.10,000/-
5.	Loss of amenities in life	Rs.20,000
6.	Attendant charges	Rs.6,500/-
7.	Loss of future income	Rs.2,80,963/-
8.	Loss of income during laid up period	Rs.1,03,445/-
9.	Future medical expenses	Rs.25,000/-
	Total	Rs.6,84,383/-

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6 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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The Learned counsel appearing for the Insurance Company submits that as per the Exhibits i.e., income tax returns, there is no future loss of income as the accident had taken place in the year 2016 and even for 2016, 2017, 2018 & 2019 also, he had continued to earn the same amount which shows that the disability has no impact on his future earning. The learned counsel submits that even in the cross examination also he has admitted that he is doing the same business and earning the same amount. So neither there is loss of income nor there is any

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loss of income during the laid up period and on both the grounds of loss of future income and loss of income during the laid up period, the Court below without any basis had granted the compensation.

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There is no representation on behalf of the respondent claimants.

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Having heard the learned counsel for the appellant Insurance Company, perused the entire material on record. According to the claimant he was doing Agriculture

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7 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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business. In support of that he had filed income tax returns which are marked as Ex.P11 for the year's 20122013 to 2013-2014, 2014-2015, 2015-2016, 2016-2017 & 2018-2019 and as per the said tax returns, after the accident there is no reduction in the income of the claimant which is also accepted by him in his crossexamination. In that view of the matter, the Court below ought not to have granted any amount either under the head of loss of income or loss of future income or loss of income during the laid up period. Then coming to the pain

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and suffering there is some calculation differences here. Instead of mentioning as Rs.70,000/-, Court below had mentioned as Rs.20,000/-. Hence, to an amount of

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Rs.4,07,975/- another amount of Rs.50,000/- has to be added. It is Rs.4,57,975/-. Considering the injuries sustained by him, this Court is granting an amount of Rs.70,000/- under the head of pain and suffering . Medical expenses, food, nourishment transportation charges, attendant charges do not require any enhancement. The Court below had rightly granted the

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8 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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compensation. Coming to the loss of amenities in life , considering the evidence of the doctor and the impact of it on his life as the Court below had not granted any amount this Court is granting an amount of Rs.1,00,000/- . Then coming to the loss of income during the laid up period though there is no difference in the income as per income tax returns, definitely during the said period as far as supervisory charges are concerned there would be a difference and this Court is inclined to grant an amount of Rs.38,000/-, (Rs.9,500 x 4 = Rs.38,000/-) under the

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said head. Then coming to the future medical expenses, the doctor had deposed that the claimant requires another sum of Rs.60,000/-, but the Court had granted an amount of Rs.25,000/-. Considering that the accident is of the year 2017 this Court is inclined to grant an amount of Rs.35,000/- towards future operation . Towards food and nourishment charges the Court below had granted an amount of Rs.10,000/- and this Court is granting an amount of Rs.26,500/-.

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9 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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Further in the light of the law laid down by the

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Hon'ble Supreme Court in the case of V.MEKALA vs. M.

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MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. Altogether,

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the claimant is entitle for an amount Rs. 4,57,975/-.

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The claimant is therefore, entitled to the

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compensation under the following heads:

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	Heads		Co	mpensation Awarded
1.	Pain and Sufferings	:	Rs.	70,000/-
2.	Medical expenses	:	Rs.	1,78,475/-
3.	Food nourishment charges	:	Rs.	26,500/-
4.	Loss of Amenities	:	Rs.	1,00,000/-
5.	Loss of income as for as supervision charges 9500x4	:	Rs.	38,000/-
6.	Future medical expenses	:	Rs.	35,000/-
6.	Legal Expenses	:	Rs.	10,000/-
	TOTAL	:	Rs.	4,57,975/-

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i. Accordingly, M.F.A No.5055/2019 filed by the

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Insurance Company is partly allowed by reducing the

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1 (2014) 11 SCC 178

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10 - NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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compensation from an amount of Rs.6,84,383/- to Rs.4,57,975/- and M.F.A No.7907/2019, filed by the

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claimant is dismissed .

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i) The amount in deposit shall be forthwith transferred to the Court below. If any excess amount is deposited by the Insurance company, the Insurance Company is at liberty to withdrawn the same.

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ii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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iii) Registry is directed to return the Trial Court Records to the Tribunal along with

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NC: 2023:KHC:46124 MFA No. 5055 of 2019 C/W MFA No. 7907 of 2019

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11 -

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certified copy of the order passed by this

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Court forthwith without any delay.

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iv) No costs.

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Pending miscellaneous petitions, if any, shall stand

closed.

SD/JUDGE

RMS

List No.: 1 Sl No.: 56

M/S Bajaj Alliance General Insurance Company Ltd. v. Lingappa R

Case brief

What is this about?

What did the court decide?

M/S Bajaj Alliance General Insurance Company Ltd. v. Lingappa R

Case brief

What is this about?

What did the court decide?

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