Partly allowed

Sri.N.S. Satish Babu v. M/S Robert Bosch Engineering and Business Solution Pvt. Ltd.

Karnataka HC13 Mar 2024MFA/2827/2023

Case brief

AI extract

What is this about?

Claimant injured in a scooter-car collision appealed against the Tribunal's award of Rs.4,65,289/- as inadequate. Court reassessed functional disability at 9%, increased medical and other heads, enhancing compensation to Rs.6,21,616/- payable by insurer with interest.

What did the court decide?

Enhanced compensation of Rs.6,21,616/- at 6% interest paid by respondent no.2/insurer within four weeks.

Sri.N.S. Satish Babu Vs M/S Robert Bosch Engineering… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:10521 MFA No. 2827 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2827 OF 2023 (MV-I)

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BETWEEN:

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SRI.N.S.SATISH BABU S/O N.SRINIVASAIAH AGED ABOUT 67 YEARS R/AT NO.31, 2^ND CROSS IST BLOCK, B D A LAYOUT J P NAGAR, 8^TH PHASE BENGALURU -560 070

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…APPELLANT

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(BY SRI. SUBRAMANI G N.,ADVOCATE)

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AND:

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M/S ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTION PVT. LTD BY ITS MANAGER NO.123, INDUSTRIAL LAYOUT HOSUR ROAD KORAMANGALA BENGALURU -560 095

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., BY ITS MANAGER GOLDEN HEIGHTS 4^TH FLOOR 1/2, 59^TH C CROSS 4^TH M BLOCK RAJAJINAGAR BENGALURU-560 010

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…RESPONDENTS (BY SRI.P.B.RAJU.,ADVOCATE FOR R-2; NOTICE SERVED TO

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R-1)

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2 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 23.02.2023 PASSED IN MVC NO.2247/2022 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-26, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION, AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is preferred by the appellant - claimant challenging the judgment & award dated 23^rd February 2023 passed in MVC No.2247/2022 on the file of the XXIV Additional Small Causes Judge & ACMM & Member –

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MACT, Bengaluru (for short 'the Tribunal ). This appeal is founded on the premise of inadequate and meager compensation awarded by the Tribunal.

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Parties to the appeal shall be referred to as per

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their status before the Tribunal.

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Brief facts of the case are as under:

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The appellant/claimant was travelling on a scooter

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bearing registration No.KA-05-KV-6540 on the 5^th Main Road, RBI layout and when he reached near SBI circle,

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3 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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J.P. Nagar, 7^th Phase, Bengaluru, at that time, car bearing registration No.KA-51-MK-1698 came in a rash and negligent manner and in a high speed and dashed against the scooter, due to which claimant fell down and sustained grievous injuries all over the body. Immediately, he was shifted to nearby hospital, where he took first aid treatment. Later, he was shifted to Ramakrishna hospital, Jayanagar, where he was in-patient for six days. Due to the injuries suffered in the accident and the expenditure met, he filed the claim petition seeking compensation against the respondents.

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3.1 Respondent No.1 though served remained unrepresented and he was placed exparte before the Tribunal. Respondent No.2 filed the written statement denying the averments made in the claim petition including age, avocation, income and negligence attributed against driver of the offending vehicle. It is also pleaded that the driver of the car did not possess a valid and

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NC: 2024:KHC:10521 MFA No. 2827 of 2023

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effective Driving Licence as on date of occurrence of the accident and sought for dismissal of the claim petition.

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3.2 Based on the pleadings, the Tribunal framed the relevant issues for consideration.

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3.3 In order to substantiate the issues and establish the case, the claimant examined himself as PW.1 and doctor as PW.2 and got marked Ex.P1 to Ex.P20. The respondent examined two witnesses as RWs.1 and 2 and got marked Ex.R1 to Ex.R5.

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3.4 On the basis of the material evidence, both oral and documentary and after hearing learned counsel for the parties, the Tribunal awarded total compensation of Rs.4,65,289/- with interest at 6% per annum and directed the respondent No.2/insurer to deposit the compensation amount within one month.

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5 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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3.5 Being aggrieved by the meager and inadequate

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compensation awarded by the Tribunal, the claimant is before this Court seeking enhancement of compensation.

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It is the vehement contention of learned counsel

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for the appellant that the income and disability of the appellant assessed by the Tribunal are on the lower side and the compensation awarded under different heads is not in accordance with the material on record. Therefore, he seeks to allow the appeal and enhance the compensation.

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Per contra, learned counsel representing the insurance company contends that there is no error, illegality or perversity in the impugned judgment and award passed by the Tribunal. He further contends that the Tribunal awarded just and reasonable compensation under all heads, in accordance with the material evidence, both oral and documentary and the same does not call for interference.

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6 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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Having heard the learned counsel for the parties and perused the material on record, it is seen that the claimant has produced the documents as per Exs.P1 to P20, out of which, Ex.P1 to Ex.P8 are the Police records, which clearly depict registration of the FIR and laying of charge sheet against the rider of the offending vehicle and same has not been challenged or controverted. Therefore, the tribunal rightly attributed the negligence against the rider of the offending vehicle. Ex.P9 to Ex.P20 are the Income tax returns, medical bills, X.rays and other medical records, which clearly depict the injuries sustained by the claimant in the accident so also expenses incurred towards medical treatment.

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Now coming to the age, avocation and income of

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the claimant, it is seen that the Tribunal has taken the income of the claimant to be Rs.57,474/- on the basis of

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the income tax returns produced by the claimant. I do not find any reason to interfere with the same. The claimant was aged 66 years as on the date of accident and

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7 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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the appropriate multiplier would be '5', which is rightly applied by the tribunal and the same does not call for interference.

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The doctor has been examined as PW.2. He has stated in his evidence that the claimant suffered disability to an extent of 32.54% to the left shoulder gridle and left upper limb and 11% to the whole body. However, the Tribunal taken the disability to be 6% to the whole body. I am in agreement with the learned counsel for the claimant that the disability assessed by the Tribunal is on the lower side. On appreciation of evidence of the doctor and considering the age, avocation and nature of injuries sustained by the claimant, this Court deems it appropriate to assess the functional disability of the claimant at 9%.

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In view of the above, loss of future income due

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to disability would be Rs.3,10,359/- (Rs.57474 x 12 x 5 x 9%) as agasint Rs.2,06,906/- awarded by the Tribunal.

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The tribunal awarded Rs.25,000/- towards pain and suffering. However, this Court deems it appropriate

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8 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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to award additional amount of Rs.25,000/-. In all, Rs.50,000/- is awarded under this head.

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The tribunal awarded Rs.6,000/- towards attendant charges, extra nutritious food and conveyance charges, which does not call for interference and the same is retained.

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The Tribunal awarded Rs.34,961/- towards medical expenses. The additional bill amount of Rs.17,874/- has been reimbursed by health insurance company since the appellant has wisely paid the premium for the said policy. On that ground, the claimant cannot be denied the compensation of Rs.17,874/- from the 2^nd respondent/insurer. This Court deems it appropriate to award additional amount of Rs.17,874/-. In all, the claimant would be entitled for Rs.52,835/- from the 2^nd respondent/insurer towards medical expenses.

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9 - NC: 2024:KHC:10521 MFA No. 2827 of 2023

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The tribunal awarded Rs.20,000/- towards loss of future amenities and happiness. However, this Court deems it appropriate to award additional amount of Rs.10,000/-. In all, Rs.30,000/- is awarded under this head.

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The Tribunal awarded Rs.1,72,422/- towards loss of income during laid up period, which does not call for interference and the same is retained.

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In view of the above, the claimant would be entitled to a total compensation of Rs.6,21,616/- as against Rs.4,65,289/- awarded by the Tribunal, as mentioned in the table below:

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Sl. No.	Head of compensation	Amount of compensation awarded
1	Loss of future income due to disability	Rs.3,10,359-00
2	Pain and sufferings	Rs. 50,000-00
3	Attendant charges, extra nutritious food and conveyance charges	Rs. 6,000-00

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10 -

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NC: 2024:KHC:10521 MFA No. 2827 of 2023

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4	Medical expenses	Rs. 52,835-00
5	Loss of future amenities and happiness	Rs. 30,000-00
6	Loss of income during laid up period	Rs. 1,72,422-00
	Total	Rs. 6,21,616-00

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Accordingly, I pass the following:

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O R D E R

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i) The appeal is allowed in part ;

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ii) The impugned Judgment & Award dated 23^rd February 2023 passed by the Tribunal in MVC No.2247/2022 is modified.

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iii) The appellant/claimant would be entitled to compensation of Rs.6,21,616/- (Rupees six lakhs twenty-one thousand six hundred and sixteen only) as against Rs.4,65,289/awarded by the Tribunal alongwith interest at 6% per annum.

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iv) The enhanced compensation amount shall be paid with interest at 6% per annum by the respondent no.2/insurer within a period of

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11 -

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NC: 2024:KHC:10521 MFA No. 2827 of 2023

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four weeks from the date of receipt of copy of this judgment;

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v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal upon proper identification.

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vi) All other terms and conditions stipulated by the Tribunal shall stand intact.

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Sd/JUDGE

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GSS

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List No.: 1 Sl No.: 73

Sri.N.S. Satish Babu v. M/S Robert Bosch Engineering and Business Solution Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sri.N.S. Satish Babu v. M/S Robert Bosch Engineering and Business Solution Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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