Partly allowed

Sri. Siddaraju. H v. United India Insurance Co. Ltd.

Karnataka HC15 Oct 2024MFA/7200/2018

Case brief

AI extract

What is this about?

The High Court enhanced motor accident compensation awarded by the Tribunal. While liability was not disputed, the Court increased the disability assessment and reinstated higher future earnings and amenity losses based on medical evidence and Karnataka Legal Services Authority income norms.

What did the court decide?

Total compensation enhanced to Rs.10,82,568/- including interest at 6% p.a.; Insurance Company directed to deposit the amount within two months.

Sri. Siddaraju. H Vs United India Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:41521 MFA No. 7200 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 OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 7200 OF 2018

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(MV-I)

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BETWEEN:

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SRI. SIDDARAJU. H S/O. LATE HANUMA NARASAIAH, AGED ABOUT 31 YEARS, R/AT BASAVESHWARA NAGAR, ARSHINAKUNTE POST, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE NORTH.

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…APPELLANT

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(BY SRI. SHRIPAD V SHASTRI., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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UNITED INDIA INSURANCE CO. LTD., D.O. VI, CHITRAPUR BHAVAN, 15^TH CROSS, 8^TH MAIN, MALLESHWARAM, BENGALURU, BY ITS MANAGER.

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SUNDARA RAJ MAJOR, R/O. 187, 2^ND CROSS, KAMAKSHIPALYA, BENGALURU-560 079.

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…RESPONDENTS (BY SRI. A M VENKATESH., ADVOCATE FOR R-1; VIDE ORDER DATED:24.07.2024 NOTICE TO R-2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04/09/2017, PASSED IN MVC NO.3653/2007, ON THE FILE OF THE XIII

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2 - NC: 2024:KHC:41521 MFA No. 7200 of 2018

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ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BENGALURU (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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Being dissatisfied with the award of compensation of Rs.8,74,880/-, the claimant is in appeal seeking enhancement.

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The occurrence of the accident and the liability of the Insurer to pay compensation is not in dispute.

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The Tribunal on assessment of the medical evidence has come to the conclusion that the claimant has suffered a disability to the extent of 25%. Though PW.2, the Orthopedic Surgeon stated that he has suffered disability to the extent of 28%.

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In my view, since he is the treating doctor, his assessment of disability of 28% will have to be accepted.

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3 - NC: 2024:KHC:41521 MFA No. 7200 of 2018

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The Tribunal has taken the notional income of the

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claimant as Rs.3,500/- per month, since there was no actual proof of income. As the Karnataka State Legal Services Authority has determined the notional income as Rs.4,500/- for the accident of the year 2008, it would be appropriate to treat the income of the claimant as Rs.4,000/- , since the accident is of the year 2007. Since the claimant has suffered 28% disability future prospectus of 40% would be added to the income of Rs.4,000. Consequently, the claimant would be entitled to a sum of Rs.3,38,688/- (Rs.4,000/- + 1,600 (40%)= 5,600 X 12 X 18 X 28%) towards ‘loss of future earnings’.

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The Tribunal has awarded a sum of Rs.70,000/towards pain and sufferings and Rs.50,000/- towards loss of amenities. In my view, in view of the fact that the claimant had undergone multiple surgeries and there is shortening of his leg by 14 cms, it would be appropriate to enhance the said sums to Rs.1,00,000/- and Rs.75,000/respectively. The sum of Rs.1,01,380 and the sum of

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4 - NC: 2024:KHC:41521 MFA No. 7200 of 2018

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Rs.3,93,500/- awarded towards medical expenses are affirmed, since it is based on documentary evidence. The Tribunal has awarded a sum of Rs.50,000/- towards future medical expenses, which is also just and proper and the same has to be affirmed.

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The Tribunal has taken the laid up period as 6 months and has awarded a sum of Rs.21,000/-, since his income is taken as Rs.4,000 per month, it would be appropriate to award a sum of Rs.24,000/- (Rs.4,000/- X 6 months) towards loss of earnings during laid up period. Consequently, the award of the Tribunal is modified and

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the following sums are awarded as compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	70,000/-	1,00,000/-
2.	Medical expenses	4,94,880/-	4,94,880/-
3.	Loss of income during the laid up period	21,000/-	24,000/-

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NC: 2024:KHC:41521 MFA No. 7200 of 2018

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4.	Loss of future earnings	1,89,000/-	3,38,688/-
5.	Loss of amenities in life	50,000/-	75,000/-
6.	Future medical expenses.	50,000/-	50,000/-
	Total	8,74,880/-	10,82,568/-

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Accordingly, the claimant is held entitled for compensation of Rs.10,82,568/- as against

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Rs.8,74,880/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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This appeal is accordingly allowed in part.

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Sd/- (N S SANJAY GOWDA) JUDGE

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GSR,List No.: 1 Sl No.: 14

Sri. Siddaraju. H v. United India Insurance Co. Ltd.

Case brief

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Sri. Siddaraju. H v. United India Insurance Co. Ltd.

Case brief

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