Partly allowed

Legal Manager v. Sri Bharghav Narayan

Karnataka HC15 Nov 2023MFA/7410/2018

Case brief

AI extract

What is this about?

The High Court enhanced the accident compensation awarded to the claimant from Rs.3.35 lakh to Rs.4.61 lakh. While upholding the insurer's liability, the Court directed them to recover it from the owner who failed to produce the cancelled driving license.

What did the court decide?

Compensation enhanced to Rs.4,61,800/-; interest at 6% p.a. granted; insurance company directed to deposit amount to allow withdrawal without security.

Legal Manager Vs Sri Bharghav Narayan — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7410 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6903 OF 2018(MV-I)

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IN MFA NO.7410/2018

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BETWEEN:

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LEGAL MANAGER IFFCO TOKIO GIC LTD., CUSTOMER SERVICE CENTER NO.141, III MAIN SRI.SHANTHI TOWERS, 5^TH FLOOR EAST TO NGEF LAYOUT, KASTURBANAGAR BENGALURU -560 043.

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…APPELLANT

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(BY SRI.PRADEEP B.,ADVOCATE)

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AND:

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

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SRI BHARGHAV NARAYAN S/O C.K.NARAYAN AGED ABOUT 39 YEARS R/AT NO.66, KODIGEHALLI, GREEN VALLEY TOWNSHIP KODIGEHALLI, BENGALURU-560 091.

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MS.SANDHYALATHA SHARMA D/O DASHARATH SHARMA, NO.48/1, 1^ST MAIN ROAD, 8^TH CROSS, SUDHAMANAGAR, WILSON GARDEN BENGALURU-560 027.

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…RESPONDENTS

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2 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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(BY SRI.H T JAGADEESH.,ADVOCATE FOR R1; NOTICE SERVED TO R-2 BUT UNREPRESENTED)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2018 PASSED IN MVC NO.6246/2016 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER-MACT (SCCH-5), BENGALURU, AWARDING COMPENSATION OF RS.3,35,000/WITH INTEREST AT 9% P.A. (EXCLUDING FUTURE MEDICAL EXPENSES OF RS.25,000/-) FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

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IN MFA NO.6903/2018

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BETWEEN:

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SRI BHARGHAV NARAYAN S/O C.K.NARAYAN AGED ABOUT 39 YEARS R/AT NO.66, KODIGEHALLI, GREEN VALLEY TOWNSHIP KODIGEHALLI, BENGALURU-560 091.

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…APPELLANT

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(BY SRI.PRADEEP B.,ADVOCATE)

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AND:

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MS.SANDHYALATHA SHARMA D/O DASHARATH SHARMA, NO.48/1, 1^ST MAIN ROAD 8^TH CROSS, SUDHAMANAGAR WILSON GARDEN BENGALURU-560 027.

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NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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THE MANAGER IFFCO TOKIO GIC LTD., REGIONAL OFFICE NO.141, III MAIN SRI.SHANTHI TOWERS, 5^TH FLOOR EAST TO NGEF LAYOUT, KASTURBANAGAR BENGALURU -560 043.

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…RESPONDENTS

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(BY SRI.H T JAGADEESH.,ADVOCATE FOR R1; NOTICE SERVED TO R-2 AND UNREPRESENTED)

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THIS MFA FILED U/S 173(1) OF MV ACT 1988, PRAYING TO MODIFY AND ENHANCE THE AWARD AMOUNT PASSED IN MVC NO.6246/2016 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU VIDE JUDGMENT AND AWARD DATED 06.04.2018.

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

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JUDGMENT

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Both the claimant as well as the insurance company has filed the present appeals, aggrieved by the award passed in MVC No.6246/2016, dated 06.04.2016, by the VIII Additional Small Causes Judge and MACT at Bengaluru. Insurance company appeal is numbered as

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4 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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MFA No.7410/2018 and the claimant’s appeal is numbered as MFA No.6903/2018.

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The claim petition is filed seeking compensation

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of an amount of Rs.18,00,000/- for the injuries sustained by the claimant in a road traffic accident. The court below has awarded compensation of an amount of Rs.3,35,000/. It is the case of the claimant that on 14.06.2016 at about 12.30 p.m., the claimant was riding the bike on the extreme side of the road. At that time another bike ridden

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by its rider came from behind in a rash and negligent manner and dashed against the claimant's vehicle and caused the accident. As a result, the claimant sustained fracture of tibia and he had undergone surgery and because of the surgery he has sustained disability. As per the doctor there is 41% disability to the particular limb and 21% disability to the whole-body. The court below considering the disability at 13% and considering the income at an amount of Rs.7,000/- p.m., as there was no evidence, and granted an amount of Rs.1,64,000/- under

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5 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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the head of loss of future earning due to disability, towards future medical expenses granted an amount of Rs.25,000/-, towards pain and suffering granted an amount of Rs.50,000/-, towards loss of amenities an amount of Rs.10,000/-, towards treatment, hospitalization, medicines, transportation charges an amount of Rs.71,000/-. Altogether awarded a total compensation of an amount of Rs.3,35,000/- along with 9% interest per annum.

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When it comes to the liability court below held that both the owner and the insurer are jointly and severally liable to pay the compensation. Aggrieved thereby both the insurance company as well as the claimant are before this court.

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Learned counsel for the insurance company submits that the rider of the offending vehicle was not having valid and effective driving license as on the date of the accident. The written statement was filed by the owner of the vehicle that there is a valid driving license. It is the

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6 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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duty of the owner of the vehicle to produce the driving license which he failed to do so. It is submitted that the

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driving license which was issued to the driver of the offending vehicle was verified through RTI Act and issued a verification report. As per the Transport Commissioner the said driving license was cancelled and the status of the driving license was null and void. It is submitted that in support of their case the insurance company has produced Exhibit-R1 office copy of the RTI Act application along with a postal receipt and Exhibit-R2 driving license verification

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record with postal receipt. Inspite of the same the court below without considering any of these evidence / issues has still held that the insurance company is liable to pay the compensation. It is submitted that the court below had granted reasonable compensation and no grounds are made out for enhancement of the compensation.

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Learned counsel appearing for the claimant

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submits that when it is the case of the claimant that the claimant was earning an amount of Rs.35,000/- though no

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7 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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evidence was adduced, the court below has taken an amount of Rs.7,000/- as monthly income, which is on the lower side. He submits that even on the other heads also the compensation granted by the court below is not reasonable. Learned counsel submits that the claimant has sustained fracture of the tibia and that the court below has not granted any amount under the head of loss of income during the laid up period. It is submitted that under the head of loss of amenities only an amount of Rs.10,000/was granted. Learned counsel submits that the court below had rightly fixed the liability on the insurance company as well as the owner of the vehicle jointly and severally. It is further submitted that the compensation that was awarded is on lower side and is not just and reasonable.

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REGARDING LIABILITY :

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Having heard the learned counsel on either

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side, perused the entire material on record. First coming to the liability aspect, the owner has contested the matter.

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8 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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As per the charge-sheet Driver was having a driving license. In that regard the insurance company made an application under the RTI Act and they have filed ExhibitsR1 and R2. As per the same, the said driving license was cancelled long back. It is a case that there is no driving license with the driver of the offending vehicle as on the date of the accident. The court below ought to have considered the same and as there was violation of the terms and conditions of the policy, particularly in the light of the fact that the owner has contested the matter and

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has not produced any documents contrary to Exhibits-R1 and R2, the court below ought to have applied the principle of pay and recovery. In view of the above discussion, the insurance company is liable to pay the compensation. However, they are at liberty to recover the same from the owner of the offending vehicle.

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QUANTUM OF COMPENSATION:

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Under the head of pain and suffering , the court below had granted Rs.50,000/- , towards Medical

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9 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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Expenses an amount of Rs.71,000 /- as per the bills and receipts produced. On both these heads the amounts that were granted are reasonable and hence no interference is called for. Under the head of Food, Nourishment, Transportation and other Incidental Charges only an amount of Rs.15,000/- is granted. Considering the injuries this Court is inclined to grant an amount of Rs.30,000/- , towards future medical expenses the court below had granted Rs.25,000/- which is reasonable and no interference is called for. Then coming to the loss of future earning due to disability, this accident is of the year 2016. This Court is considering the income at Rs.9,500/- p.m., the court below had rightly taken the disability at 13%, and applying the multiplier, it would come to Rs.2,22,300/- (Rs.9,500 x 12 x 13%) under the head of loss of future earning. Towards loss of amenities the court below had granted an amount of Rs.10,000/- which is on lower side and this court is inclined to grant Rs.25,000/- . Under the head of loss of income during laid up considering the income at

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10 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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Rs.9,500/- for the period of three months, it comes to

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Rs.28,500/-.

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In the light of the law laid down by the Hon'ble

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Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses .

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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		Com A	pensation warded
1.	Pain and Suffering	:	Rs.	50,000/-
2.	Loss Of Future Earning Due To Disability	:	Rs.	2,22,300/-
3.	Loss of Earning during laid up period (Rs.9,500 x 3 )	:	Rs.	28,500/-
4.	Medical Expenses	:	Rs.	71,000/-
5.	Loss of Amenities & Future Discomfort	:	Rs.	25,000/-
6.	Future Medical Expenses	:	Rs.	25,000/-
7.	Food, Nourishment, Transportation and Incidental	:	Rs.	30,000/-

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1 (2014) 11 SCC 178

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11 -

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NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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	Charges
8.	Legal Expenses	:	Rs.	10,000/-
	TOTAL	:	Rs.	4,61,800/-

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Accordingly, the appeal of the claimant is partly allowed , enhancing the compensation amount from Rs.3,35,000/- to Rs.4,61,800/-. Appeal of the insurance company is also partly allowed holding that the insurance company is liable to pay the compensation

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and thereafter recover from the owner of the offending vehicle.

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i) The enhanced amount shall carry interest at 6% p.a., from the date of petition till the date of realization, excluding the amount granted under the head 'future medical expenses'.

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ii) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to

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12 - NC: 2023:KHC:40771 MFA No. 7410 of 2018 C/W MFA No. 6903 of 2018

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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 certified copy of the order passed by this Court forthwith without any delay.

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iv) The amount in deposit shall be transmitted to the Tribunal forthwith.

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v) No costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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Sd/JUDGE

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List No.: 1 Sl No.: 134

Legal Manager v. Sri Bharghav Narayan

Case brief

What is this about?

What did the court decide?

Legal Manager v. Sri Bharghav Narayan

Case brief

What is this about?

What did the court decide?

What the court decided

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