Partly allowed

Sri Rangaswamy v. M/S Bharathi Axa Genl Ins Co.Ltd.

Karnataka HC16 Oct 2024MFA/8309/2018

Case brief

AI extract

What is this about?

Claimant injured in a road accident sought enhancement of Rs.2,40,980/- awarded by the Tribunal. The court raised whole-body disability to 15%, notional income to Rs.11,000/-, and enhanced heads including pain and suffering and loss of amenities, awarding Rs.4,32,580/- with 6% interest.

What did the court decide?

Compensation enhanced to Rs.4,32,580/- with 6% p.a. interest; insurer directed to deposit within two months.

Sri Rangaswamy Vs M/S Bharathi Axa Genl Ins Co.Ltd. — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:41811 MFA No. 8309 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^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. 8309 OF 2018

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(MV-I)

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BETWEEN:

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SRI RANGASWAMY SON OF VENKATARAMA SHETTY, AGED ABOUT 53 YEARS, RESIDING AT NO.E-147-5, KALYANNAGAR,T.DASARAHALLI, BENGALURU-57.

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…APPELLANT

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(BY SMT. ARCHANA T.V., FOR SRI. T N VISWANATHA., 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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M/S BHARATHI AXA GENL INS CO.LTD., BY ITS MANAGING DIRECTOR 1^ST FLOOR, FERNS SURVEY NO.28, DODDANEKUNDI, BANGALORE-37.

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SRI MURALIDHAR RAMOO SON OF M.RAMOO, MAJOR, RESIDING AT NO.52, RAMAKRISHNA GARDENS, RMV 2^ND STAGE, NEW BEL ROAD, BENGALURU-54.

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…RESPONDENTS

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(BY SRI. PRADEEP B., ADVOCATE FOR R-1; VIDE ORDER DATED:24.07.2024, NOTICE TO R-2 IS HELD SUFFICIENT)

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2 - NC: 2024:KHC:41811 MFA No. 8309 of 2018

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.06.2018 PASSED IN MVC NO.4369/2017 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU (SCCH17), 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.2,40,980/-, the claimant is in this appeal seeking enhancement of compensation.

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The occurrence of the accident and the liability of the insurer to pay the compensation by the Insurer are not in dispute.

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The Tribunal has recorded a finding that the claimant had suffered fractures to both the bones of his left leg and has assessed the disability to the whole body at 10%. It

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3 - NC: 2024:KHC:41811 MFA No. 8309 of 2018

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was the case of the claimant that he was a Tailor and the fractures to his left leg has rendered his functional capability to a larger extent and he is unable to discharge his avocation as a Tailor. In the light of the fact, the claimant contends that he is a Tailor and there is a fractures of both the bones of his left leg, it would be appropriate to determine the whole body disability at 15% as against 10%.

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As far as the income is concerned, the Tribunal has taken the notional income of the claimant as Rs.9,000/-, since there was no evidence to that effect. The Karnataka State Legal Services Authority has determined the notional income as Rs.11,000/- for the accident of the year 2017, it would be appropriate to determine the notional income of the claimant at Rs.11,000/-. Consequently, the claimant would be entitled to a sum of Rs.2,17,800/- (Rs.11,000/X 12 X 11 X 15%) towards loss of future earnings.

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The Tribunal has awarded a sum of Rs.50,000/towards pain and sufferings and Rs.20,000/- towards loss

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4 - NC: 2024:KHC:41811 MFA No. 8309 of 2018

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of amenities. In my view, having regard to the fact that the claimant had suffered fractures to both the bones of his left leg, it would be appropriate to enhance the said sums to Rs.75,000/- and Rs.50,000/-, respectively. Since the claimant was admitted to hospital for 23 days, as against a sum of Rs.20,000/- awarded by the Tribunal, it would be appropriate to award a sum of Rs.30,000/-. A sum of Rs.6,780/- awarded towards medical expenses and is affirmed. The Tribunal has taken the laid up period as 3 months since the income has now been enhanced to Rs.11,000/-, and the claimant would be entitled to a sum of Rs.33,000/- (Rs.11,000 X 3 months) towards loss of earnings during the laid-up period. The Tribunal has awarded a sum of Rs.20,000/- towards future medical expenses, which is just and proper.

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Consequently, the award of the Tribunal is modified and the following sums are awarded as compensation:

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5 - NC: 2024:KHC:41811 MFA No. 8309 of 2018

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Sl. No	Compensation under different	As awarded by the	As awarded by this
.	Heads	Tribunal (Rs.)	Court (Rs.)
1.	Pain and sufferings	50,000/-	75,000/-
2.	Attendant charges, extra food and conveyance.	20,000/-	30,000/-
3.	Medical expenses	6,780/-	6,780/-
4.	Loss of income during the laid up period	27,000/-	33,000/-
5.	Loss of income due to permanent disability.	97,200/-	2,17,800/-
6.	Loss of future amenities and happiness	20,000/-	50,000/-
7.	Towards future medical expenses	20,000/-	20,000/-
	Total	2,40,980/-	4,32,580/-

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Accordingly, the claimant is held entitled for compensation of Rs.4,32,580/- as against Rs.2,40,980/-

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NC: 2024:KHC:41811 MFA No. 8309 of 2018

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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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9. The appeal is accordingly allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 17

Sri Rangaswamy v. M/S Bharathi Axa Genl Ins Co.Ltd.

Case brief

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What did the court decide?

Sri Rangaswamy v. M/S Bharathi Axa Genl Ins Co.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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