Partly allowed

M Ravikumar v. Icici Lombard Gen Ins Co. Ltd.

Karnataka HC10 Jan 2024MFA/3338/2018

Case brief

AI extract

What is this about?

Claimant appeal for enhancement of motor accident compensation for bilateral leg and acetabular fractures. Court reassessed notional income at Rs.13,000/month, adopted 34% functional disability, added 25% future prospects with multiplier 14, enhanced several heads, and awarded total Rs.13,64,478.

What did the court decide?

Enhanced compensation of Rs.7,89,400/- with interest at 6% p.a. from date of petition till realization, in addition to Tribunal award.

M Ravikumar Vs Icici Lombard Gen Ins Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3338 OF 2018 (MV-I)

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BETWEEN:

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M. RAVIKUMAR , S/O MUNSWAMY, AGED ABOUT 42 YEARS, R/AT NO.10, 9TH MAIN, MUNESWARA LAYOUT, VADERAHALLI, VIDYARANYAPURA POST, BENGALURU - 560 097.

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…APPELLANT

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(BY SRI. SHANTHARAJ K, ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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ICICI LOMBORD GEN. INS. CO. LTD., REPRESENTED BY ITS MANAGER, NO.69, IST FLOOR, S.V.R COMPLEX, HOSURE MAIN ROAD, MADIWALA, BENGALURU - 560 068.

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M/S. PEEVEE KITCHEN EQUIPMENTS, NO.199/5, 12TH MAIN, 3RD CROSS, PEENYA INDUSTRIAL AREA, BENGALURU NORTH - 560 058.

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…RESPONDENTS

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(BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R1; R2 - NOTICE DISPENSED WITH VIDE ORDER DATED 22.10.2021)

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NC: 2024:KHC:1253 MFA No. 3338 of 2018

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.10.2017 PASSED IN MVC NO.4009/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM AND MEMBER MACT, BENGALURU(SCCH-24) 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 FOLLOW1ING:

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JUDGMENT

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This appeal is filed by the claimant challenging the judgment and award dated 07.10.2017, passed by the Court of the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate & Motor Accident Claims Tribunal, Bengaluru (SCCH-24), in MVC No.4009/2015, seeking enhancement of compensation awarded by the Tribunal.

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The factum of accident, injuries sustained by the claimant and coverage of insurance are not in dispute.

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Heard the arguments of both sides and perused the records.

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3 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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In the present case, the Tribunal has awarded

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compensation as under:

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1	Towards pain and suffering	Rs.30,000/-
2	Towards medical expenses	Rs.1,64,278/-
3	Towards food and nourishment expenses, conveyance and attendant charges	Rs.30,000/-
4	Towards loss of income during the period of treatment	Rs.32,000/-
5	Towards loss future earnings	Rs.2,68,800/-
6.	Towards future medical expenses	Rs.30,000/-
7.	Towards loss of amenities of life	Rs.20,000/-
	Total	Rs.5,75,078/-

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In the present case, from the medical evidence on

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record, it is proved that the claimant had suffered the following injuries:-

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i. Open fracture of both bones (Tibia/Fibula) of the right leg.

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ii. Fracture of both bones of the left leg (Tibia/Fibula).

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iii. Bilateral Acetabular anterior and posterior column fracture.

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iv. Lacerated wound over right leg 3 cm x 2 cm x bone deep.

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4 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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The Tribunal while determining the compensation has not adopted the correct parameters. Hence, claimant is entitled for compensation.

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Considering the nature of injuries sustained by the claimant, the compensation of Rs.30,000/- awarded by the Tribunal under the head ‘Pain and sufferings’ is on the lesser side. Hence, the same is enhanced to Rs.70,000/-.

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The compensation awarded under the head ‘Medical Expenses’ is as per the medical bills produced by the claimant and the same is kept intact.

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The Tribunal has awarded a lesser sum of Rs.30,000/- under the head 'Food and nourishment expenses, conveyance and attendant charges'. The same is enhanced to Rs.50,000/-.

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The claimant was working as a Cab driver and he has suffered facture of both bones (tibia and fibula) of right leg and left leg. The doctor has assessed that the claimant has suffered 67% disability to both lower limbs

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5 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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and 34% towards whole body. In view of the injuries sustained by the claimant, it is very difficult for him to continue to work as a Cab driver. Therefore, it is just and proper to take functional disability at 34% towards whole body, what the doctor has assessed and the Tribunal has committed an error in taking 20% as functional disability.

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The Tribunal has erred in taking notional income of the claimant at Rs.8,000/- per month. It is stated that claimant as a Cab Driver by profession was receiving salary of Rs.15,000/- per month. Exs.P.16 and 17 are the salary statements and certificate dated 05.11.2016 issued by the employer. As per Ex.P.17, the salary received by the claimant was Rs.13,000/- per month. When the material evidence is produced by the claimant, just because the employer is not examined, that cannot be a ground to disbelieve the documentary evidence placed on record. Examination of employer is a mere rule of evidence where document is accepted. Hence, considering the documentary evidence on record, it is just and proper to take income of the claimant at Rs.13,000/- per month.

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6 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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Even though there is no evidence on record to prove that the claimant had surrendered driving license, but the claimant has suffered fractures to both the bones and both legs, it is difficult for the claimant to work as a Driver. Therefore, it affects future prospectus in life. The claimant was aged about 41 years at the time of the accident. Hence, 25% of income is to be added towards loss of future prospectus in life. The appropriate multiplier applicable is ‘14’. Therefore, 'loss of earning capacity due to disability' is re-assessed and quantified as Rs.9,28,200/- (Rs.13,000 + 25% x 34/100 x 14 x 12).

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The Tribunal has awarded a lesser sum of Rs.32,000/- under the head 'Loss of income during laid up period’. Considering the nature of injuries and fractures sustained by the claimant, the same is enhanced to Rs.52,000/- (Rs.13,000/- x 4 months).

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The Tribunal has awarded a lesser sum of Rs.20,000/- under the head 'Loss of amenities'. The same is enhanced to Rs.50,000/-.

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7 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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The Tribunal has awarded a lesser sum of Rs.30,000/- under the head 'Future Medical Expenses’. Considering the nature of injuries and the fractures sustained by the claimant, the same is enhanced to Rs.50,000/-.

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Thus, in all, the appellant/claimant is entitled for

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total compensation under various heads as follows:

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1	Towards pain and suffering	Rs.	30,000/-	70,000/-
2	Towards food, nourishment expenses, conveyance and attendant charges	Rs.	30,000/-	50,000/-
3	Medical expenses	Rs.	1,64,278/-	1,64,278/-
4	Loss of income during laid up period	Rs.	32,000/-	52,000/-
5	Loss of earning
	capacity due to disability	Rs.	2,68,800/-	9,28,200/-
6	Loss of amenities	Rs.	20,000/-	50,000/-
7	Towards future
	medical expenses	Rs.	30,000/-	50,000/-
	TOTAL	Rs.	5,75,078/-	13,64,478/-

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The Tribunal has awarded compensation of

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Rs.5,75,078/-, but the appellant/claimant is entitled for

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8 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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total compensation of Rs.13,64,478/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.7,89,400/- (Rs.13,64,478/- - Rs.5,75,078/-), along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal in MVC No.4009/2015 dated 07.10.2017 by the Court of the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate & Motor Accident Claims Tribunal, Bengaluru (SCCH-24), is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.7,89,400/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

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9 - NC: 2024:KHC:1253 MFA No. 3338 of 2018

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iii. Costs made easy.

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iv. Ordered accordingly.

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v. The other observations and findings of the Tribunal

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are kept in tact.

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Sd/JUDGE

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MH/List No.: 2 Sl No.: 11 CT: BHK

M Ravikumar v. Icici Lombard Gen Ins Co. Ltd.

Case brief

What is this about?

What did the court decide?

M Ravikumar v. Icici Lombard Gen Ins Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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