Partly allowed

Sri.Shivashankar v. Cholamandalam Ms General Ins. Co.Ltd.

Karnataka HC6 Mar 2024MFA/5425/2021

Case brief

AI extract

What is this about?

Claimant pedestrian injured in a motorcycle accident appealed for enhancement of tribunal compensation. Court raised notional income to Rs.14,000 per month per Legal Services Authority chart, recomputed loss of future income and laid-up period and loss of amenities, enhancing total to Rs.2,99,120 with 6% interest.

What did the court decide?

Compensation enhanced from Rs.2,11,800 to Rs.2,99,120 with 6% p.a. interest on enhanced amount, payable within four weeks.

Sri.Shivashankar Vs Cholamandalam Ms General Ins… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:9557 MFA No. 5425 of 2021

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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 MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5425 OF 2021(MV-I)

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BETWEEN:

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SRI.SHIVASHANKAR, S/O LATE VENKATAPPA, AGED ABOUT 44 YEARS, RESIDING AT: AADANAKUPPE VILLAGE, KALLANAKUPPE POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117.

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…APPELLANT

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(BY SRI. GIRIMALLAIAH., ADVOCATE)

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AND:

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Digitally signed by GAYATHRI P G Location: High Court of Karnataka

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CHOLAMANDALAM MS GENERAL, INSURANCE COMPANY LTD., UNIT-IV, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHT, 59TH "C" CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4TH M BLOCK, RAJAJINAGAR - 560 010. BY ITS MANAGER,.

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MR. DILEEPA. T. R., S/O. RAMACHANDRA, MAJOR, (AGE NOT KNOWN TO APPELLANT) R/AT: THAMASANDRA CIRCLE, KALLAHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117.

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…RESPONDENTS (BY SRI. HALASHETTI JAGADISH SIDRAMAPPA., ADVOCATE FOR R1 AND R2.)

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NC: 2024:KHC:9557 MFA No. 5425 of 2021

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THIS MFA IS FILED U/S 173(1) OF MEMORANDUM OF MISCELLANEOUS FIRST APPEAL UNDER SECTION 173(1) OF M.V.ACT, AGAINST THE JUDGMENT AND AWARD DT.04.08.2021 PASSED IN MVC NO.5209/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is preferred by the claimant challenging the judgment and award dated 04.08.2021 passed in MVC.No.5209/2019 by Motor Accident Claims Tribunal, I^st Additional Small Causes Judge and MACT (SCCH-11), Bangalore, (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

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per their status before the tribunal.

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Brief facts of the case is as under:

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NC: 2024:KHC:9557 MFA No. 5425 of 2021

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It is stated that the claimant was a pedestrian going on the side of the road SH-03 Kanakapura - Ramanagara Road, near Megalabeedi Petrol Bunk, Kanakapura Town, at that time, the rider of Motor cycle bearing reg No.KA-42-W-5314 came with high speed in rash and negligent manner and dashed against the claimant. Due to the impact of the accident claimant was thrown away from distance suffered grievous injuries to the left hand. He was shifted to Kanakapura Government Hospital, where first aid treatment was given, and then shifted to Sanjay Gandhi Hospital, Bangalore, where he was inpatient for nine days due to the injuries suffered in the accident, financial expenses were incurred. Hence, he filed a claim petition seeking compensation.

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3.1. On service of notice, respondent No.2 was placed ex-parte. Respondent No.1 has filed statement of objection, denying the claim of the claimant including age, avocation, income and disability. On these grounds he sought for dismissal of claim petition.

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3.2. On the basis of pleadings, the tribunal framed relevant issues for consideration.

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NC: 2024:KHC:9557 MFA No. 5425 of 2021

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3.3. In order to substantiate the issue to establish

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the case, the claimant got examined himself as PW.1 and PW.3, the Doctor as PW.2 and got marked documents as Exs.P1 to P11. On the other hand, respondent got examined RW.1 and got marked document as Ex.R1.

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3.4. On the basis of material placed on record both oral and documentary. While considering the evidence on hearing the submissions of learned counsel for both the parties, the tribunal awarded compensation of Rs.2,11,800/- with interest @ 9% per annum and directed the respondent No.1 - Insurance company to pay the compensation within one month.

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3.5. Being aggrieved by the meager compensation awarded by the tribunal, the claimant is before this Court challenging the impugned judgment and award.

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The main contention of learned counsel for the insurance company is that, the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation.

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Per contra, learned counsel for respondent - Insurance Company submits that the tribunal has rightly

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5 - NC: 2024:KHC:9557 MFA No. 5425 of 2021

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awarded just and reasonable compensation, which does not call for interference. Therefore, on these grounds, he seeks to dismiss the appeal.

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Having heard the learned counsel for the appellant-claimant and learned counsel for respondent -

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Insurance Company and perused the impugned judgment and award, the claimant has produced the documents as Exs.P1 to P.11. On careful perusal of these documents, the police records of P.1 to P.6 depict the filing of FIR and charge sheet against driver of the motor cycle. Hence, negligence is rightly attributed against him. Ex.P7 to P11 are the medical bills, Prescriptions and discharge summary.

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Now coming to the question of age, avocation, income and disability for awarding compensation claimant age was 42 years as on the date of occurrence of accident. The income taken by the tribunal is Rs.10,000/- per month where as the notional income Legal Services Authority chart for the year 2019 prescribes the income of Rs.14,000/per month. Accordingly, income is taken as Rs.14,000/- per month.

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NC: 2024:KHC:9557 MFA No. 5425 of 2021

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The Doctor was examined as PW.2 who

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opined permanent disability from left upper limb at 17% and he has opined disability to the whole body in proper manner however disbelieving the evidence of the doctor, Tribunal has assessed the disability at 6% to the whole body. I do not find any need to interference, same is retained.

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Therefore, the loss of future income due to disability would be (14000 x 12 x 14 X 6% = Rs.1,41,120/-) Rs.1,41,120/- , as against Rs.1,00,800/- awarded by the Tribunal.

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Towards pain and suffering Tribunal has awarded Rs.45,000/- same is retained.

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Towards medical expenses Tribunal has

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awarded Rs.12,400/- same is retained.

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Towards food, nourishment and attendant and conveyance Tribunal has awarded Rs.13,600/- same is retained.

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Towards loss of income during laid-up-period Rs.20,000/- is awarded which is on the lower side. In view of this Court enhancing the income per month to be (Rs.14,000 X 3 = Rs.42,000/-) Rs.42,000/- is awarded.

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7 - NC: 2024:KHC:9557 MFA No. 5425 of 2021

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Towards loss of amenities is awarded

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Rs.10,000/- which is on lower side additional (Rs.10,000 +

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Rs.25,000 = Rs.35,000/-) Rs.35,000/- is awarded under this

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head.

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Towards future medical expenses Rs.10,000/-

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is awarded by the Tribunal, same is retained.

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In view of the above, the claimant would be

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entitled to a total compensation of Rs.2,99,120/- as against

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2,11,800/- as mentioned in the table below.

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Heads	Amount in Rs.
Loss of future income	1,41,120-00
Pain and sufferings	45,000-00
Loss of amenities	35,000-00
Laid-up period	42,000-00
Food, conveyance and attendant charges	3,600-00
Medical expenses	12,400-00
Future medical expenses	10,000-00
TOTAL	2,99,120-00

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Accordingly, I pass the following:

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ORDER

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8 - NC: 2024:KHC:9557 MFA No. 5425 of 2021

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i) The appeal is allowed-in-part ;

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ii) The judgment and award dated 04.08.2021 passed by Motor Accident Claims Tribunal, I^st Additional Small Causes Judge and MACT (SCCH-11), Bengaluru, in MVC.No.5209/2019 is modified;

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iii) The claimant is entitled to a sum of Rs.2,99,120/- as against Rs.2,11,800/-

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iv) The enhanced compensation amount shall carry interest at 6% per annum which shall be paid within four weeks from the date of receipt of a copy of this order;

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v) The enhanced compensation amount shall be released in favor of claimant, upon proper identification.

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vi) All other terms and conditions stipulated by the tribunal shall intact with regard to deposit.

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Sd/JUDGE

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TIN List No.: 1 Sl No.: 43

Sri.Shivashankar v. Cholamandalam Ms General Ins. Co.Ltd.

Case brief

What is this about?

What did the court decide?

Sri.Shivashankar v. Cholamandalam Ms General Ins. Co.Ltd.

Case brief

What is this about?

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