Allowed

Sri. Krishna Shetty v. M/S Iffco-Tokio General Insurance Co. Ltd.

Karnataka HC6 Mar 2024MFA/2207/2015

Case brief

AI extract

What is this about?

High Court allowed an appeal against a Motor Accident Claims Tribunal award and enhanced compensation from Rs.1,83,410 to Rs.2,15,090, fixing 12% total disability and calculating future earning loss based on the Legal Service Authority chart.

What did the court decide?

Enhanced compensation of Rs.32,000 along with 6% per annum interest from the date of claim petition till realization.

Sri. Krishna Shetty Vs M/S Iffco-Tokio General Insurance Co. Ltd. — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:9534 MFA No. 2207 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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MISCELLANEOUS FIRST APPEAL NO.2207 OF 2015(MV-I)

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BETWEEN:

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SRI. KRISHNA SHETTY S/O KEMPA SHETTY, AGED ABOUT 58 YEARS, R/AT OF NO.105, BANANTHAMMA EXTENSION, JANATHA COLONY, KANAKAPURA TOWN, RAMANAGAR DISTRICT. PIN-562 117.

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…APPELLANT

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(BY SRI. R.LAKSHMANA., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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M/S IFFCO-TOKIO GENERAL INSURANCE CO. LTD., BY ITS MANAGER, NO.2, 1^ST FLOOR, SNR ARCADE, AYYAPPA TEMPLE ARCADE, JALAHALLI CROSS, PEENYA, BANGALORE-57.

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SRI. VEERAIAH, MAJOR, S/O HUCHEGOWDA, NO.139, THIGALAHOSAHALLI VILLAGE, BEKUPPE POST, KANAKAPURA TALUK, RAMANAGARA DIST. PIN-562 117.

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NC: 2024:KHC:9534 MFA No. 2207 of 2015

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, 2^ND FLOOR, BRIGADE ROAD, NEAR BRIGADE TOWER, BANGALORE-25. NOW IT IS SHIFTED TO M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, 2^ND FLOOR, OPPOSITE TO HMG GRANITE HOUSE, NIMHANS HOSPITAL ROAD, WILSON GARDEN, BANGALORE-560 027.

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SRI. MOHAN RAO S/O KUPPANNA BHAT, OFFICER, CORPORATION BANK, SERVICE BANK, 2^ND FLOOR, DOOR NO.30, RALLA RAM BUILDING, MISSION ROAD, BANGALORE-27. …RESPONDENTS

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(BY SRI. D.VIJAYAKUMAR., ADVOCATE FOR R1; NOTICE TO R2 AND R4-DISPENSED WITH V/O DATED:15.06.2016; SRI. M.ARUN PONAPPA., ADVOCATE FOR R3)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 23.12.2014 PASSED IN MVC NO.2796/2012 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE.

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3 - NC: 2024:KHC:9534 MFA No. 2207 of 2015

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

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JUDGMENT

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Sri.M.Arun Ponappa., learned counsel for respondent No.3 have appeared in person.

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Though the appeal is listed today for admission, it is heard finally.

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For the sake of convenience, the parties shall be referred to as per their status and rankings before the Tribunal.

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It is the case of the claimant that on the 31^st day of January 2012 at about 5:30 pm., he was proceeding in a autorickshaw bearing Registration No.KA-42-4807 as a passenger, when the said auto rickshaw came near Devarakaggalahalli Gate on NH209, Bengaluru-Kanakapura road, at that time the driver drove the auto rickshaw in a rash and negligent manner and lost control over it and it was turned turtled and hit the Car bearing Registration No.KA-01-MB-921, as a result the claimant and other passengers in the said auto rickshaw sustained injuries and one person died on the spot. The claimant

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4 - NC: 2024:KHC:9534 MFA No. 2207 of 2015

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sustained fracture to his right leg and other multiple injures. He was shifted to Government Hospital, Kanakapura, wherein he took first aid treatment and later he was shifted to Sanjay Gandhi Hospital, Bengaluru, wherein he was treated as an inpatient. Contending that he sustained injuries on account of the accident, the claimant filed claim petition seeking compensation.

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In response to the notice, respondent No.2 did not appear before the Tribunal and hence, he was placed ex-parte . Respondents 1, 3 and 4 appeared through their counsel and filed separate written statement and denied the petition averments. Among other grounds, they prayed for dismissal of the petition.

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Based on the above pleadings, the Tribunal framed Issues, parties led evidence and marked the documents. The Tribunal vide Judgment dated:23.12.2014 partly allowed the petition. It is this Judgment that is called into question in this appeal on several grounds as set-out in the Memorandum of appeal.

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NC: 2024:KHC:9534 MFA No. 2207 of 2015

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Learned counsel for the respective parties urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.

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The point that requires consideration is whether the claimant is entitled for enhanced compensation?

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The facts are sufficiently stated and do not require reiteration. The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The Tribunal taking note of the material evidence on record concluded that the Claimant sustained injuries due to the accident.

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The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question.

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It is noticed that the Tribunal awarded Rs.79,200/(Rupees Seventy Nine Thousand Two Hundred only) towards loss of future earning. It is contended that the claimant was working as Mason and was earning Rs.6,000/- (Rupees Six

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NC: 2024:KHC:9534 MFA No. 2207 of 2015

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Thousand only) per month. However, there is no proof of income. In the absence of proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2012, the salary of the injured must be taken as Rs.7,000/- (Rupees Seven Thousand only) per month. The age of the claimant was 55 years as on the date of accident, hence the multiplier 11 is to be adopted. It is said that the claimant has suffered total disability of 12%. Hence, the amount towards loss of future earning is calculated as under:

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Rs.7,000/- X 12 X 11 X 12/100 = Rs.1,10,880/-

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The compensation under the heads pain and suffering, loss of income during laid up period, medical bills, loss of amenities, conveyance, food and nourishment, attendant charges, etc., and future medication awarded by the Tribunal remains intact.

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Accordingly, this Court re-determines the

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compensation as under:-

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7 - NC: 2024:KHC:9534 MFA No. 2207 of 2015

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1.	Pain and Sufferings	50,000	Rs.50,000/-
2.	Loss of income during laid up period	15,000	Rs.15,000/-
3.	Medical Bills	4,210	Rs.4,210/-
4.	Loss of future earning 7,000 x 12 x 11 x 12/100	1,10,880	Rs.1,10,880/-
5.	Loss of amenities, conveyance, food and nourishment, attendant charges, etc.,	25,000	Rs.25,000/-
6.	Future medication	10,000	Rs.10,000/-
		Total:	Rs.2,15,090/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.1,83,410/-
	Enhanced compensa	tion awarded by this Court:	Rs.31,680/-
		Rounded off :	Rs.32,000/-

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Having regard to the facts and circumstances of the case and the prevailing rate of interest during the relevant time, this Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.

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NC: 2024:KHC:9534 MFA No. 2207 of 2015

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is

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allowed and the Judgment dated:23.12.2014 passed by the Motor Accident Claims Tribunal, Bangalore (SCCH-8) in M.V.C No.2796/2012 is modified to the extent stated hereinabove.

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2. The claimant is entitled for the enhanced

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compensation of Rs.32,000/- (Rupees Thirty Two Thousand only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

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The first and third respondent - Insurance Companies are jointly and severally directed to deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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NC: 2024:KHC:9534 MFA No. 2207 of 2015

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4. The Registry to draw the modified award

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accordingly.

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Office is directed to transmit the original

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records to the concerned Tribunal forthwith.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 36

Sri. Krishna Shetty v. M/S Iffco-Tokio General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Sri. Krishna Shetty v. M/S Iffco-Tokio General Insurance Co. Ltd.

Case brief

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What did the court decide?

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