Partly allowed

Sri v. K Venkatesha Murthy v New India Assurance Co. Ltd.

Karnataka HC28 Mar 2024MFA/9498/2018

Case brief

AI extract

What is this about?

Two claimants injured in a car accident sought enhancement of motor accident compensation awarded by the Tribunal. The High Court partly allowed both appeals, enhancing compensation under heads such as disablement, pain and suffering, loss of income during laid-up period, future medical expenses and legal expenses.

What did the court decide?

Compensation enhanced from Rs.14,06,867 to Rs.15,01,867 (MFA 9498/2018) and from Rs.4,44,497 to Rs.5,05,297 (MFA 9499/2018), at 6% interest excluding condoned-delay periods.

Sri v K Venkatesha Murthy Vs New India Assurance Co. Ltd. — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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MISCELLANEOUS FIRST APPEAL NO. 9498 OF 2018 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 9499 OF 2018 (MV-I)

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IN MFA NO. 9498/2018

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BETWEEN:

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SRI V K VENKATESHA MURTHY, AGED ABOUT 47 YEARS, S/O LATE C KARIHANUMAIAH, R/O NO.137, GEHBCS LAYOUT, JNANABHARATHI II STAGE, OPP. AMMA ASHRAM,

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BENGALURU-560 056. …APPELLANT

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(BY SRI NAGARAJA REDDY D, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE NO.28, UNITY BUILDING ANNEX, 4^TH FLOOR, MISSION ROAD, BENGALURU-560 027.

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SRI ANTHONY RAJ, MAJOR, FATHER'S NAME NOT KNOWN TO THE APPELLANT R/AT FLAT NO.105, INDIRA TOWERS, BANK AVENUE, 10^TH STREET, BABUSAB PALYA, KALYANANAGAR,

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BENGALURU-560 043. …RESPONDENTS

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(BY SRI KISHORE KUMAR REDDY, ADVOCATE FOR R1; NOTICE TO R2 IS D/W V/O DATED 24.11.2022)

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2018 PASSED IN MVC NO.171/2016 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, [SCCH-16], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO 9499 OF 2018

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BETWEEN:

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SRI T C CHANDRA SHEKAR, AGED ABOUT 62 YEARS, S/O LATE T C CHANNAIAH GOWDA, R/O NO 283/70, I MAIN, JAKKASANDRA, KORAMANGALA, BENGALURU - 560 034. ...APPELLANT

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(BY SRI NAGARAJA REDDY D, ADVOCATE)

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AND:

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NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE NO 28, UNITY BUILDING ANNEX, 4^TH FLOOR, MISSION ROAD, BENGALURU -560 027.

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SRI ANTHONY RAJ, MAJOR, FATHER'S NAME NOT KNOWN TO THE APPELLANT, R/A FLAT NO.105, INDIRA TOWERS, BANK AVENUE, 10^TH STREET, BABUSAB PALYA, KALYANANAGAR,

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BENGALURU - 560 043. …RESPONDENTS

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(BY SRI E.I SANMATHI, ADVOCATE FOR R1;

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NOTICE TO R2 IS D/W V/O DATED 07.02.2019)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,

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AGAINST THE JUDGMENT AND AWARD DATED 30.01.2018 PASSED IN MVC NO.172/2016 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT,

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BENGALURU [SCCH-16], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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Aggrieved by the award passed in MVC.No.171/2016 and MVC.No.172/2016 dated 30.01.2018. Both the claimants are before this Court by filing MFA.No.9498/2018 and MFA.No.9499/2018 respectively seeking enhancement of the compensation. The Court below has disposed off these cases by way of common order, as such, this Court is also disposing off these matters by way of a common order.

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It is the case of the claimants that on

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30.09.2015 at about 09.10 pm, they were traveling in a car along with other passengers. As the driver of the said car drove the same in a rash and negligent manner, hit against the road median. As a result, the car jumped to other side of the road and dashed the KSRTC bus. Due to the impact, the inmates of the car sustained injuries and

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two persons died on the spot and they were shifted to the hospital and they have incurred huge amount towards treatment. The Court below has held that the accident had occurred because of the rash and negligent driving of driver of the car and held that the owner and the insurer are jointly and severally liable to pay the compensation.

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MFA.No.9498/2018 arising out of MVC.No.171/2016

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The claim petition is filed seeking an amount of Rs.25,00,000/-. It is the case of the claimant that he is aged about 45 years working as a First Division Clerk in Commissioner Public Instructions Department earning an amount of Rs.40,000/- per month. He had sustained 7 grievous injuries and two simple injuries. The Doctor who was examined as PW.3 had stated that he had a permanent disability to the upper limb at 42% and to the whole body at 27.4%. The Court below had considered the disability at 12% and granted the compensation as per table given below:

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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1	Pain and sufferings	Rs.80,000-00
2	Attendant charges, extra nutritious food and conveyance expenses	Rs.33,000-00
3	Loss of income during laid off period	Nil
4	Medical expenses	Rs.12,08,867-00
5	Loss of future income due to permanent disability	Nil
6	Towards disablement	Rs.50,000-00
7	Loss of future amenities and happiness	Rs.20,000-00
8	Future medical expenses	Rs.15,000-00
	Total	Rs.14,06,867-00

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Learned counsel for the Appellant submits that

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when he had sustained several injuries and also sustained disability, the Court had not applied the multiplier and had not granted any compensation by applying multiplier under the head of 'loss of future earning', even under the head of 'loss of earning during the laid up period' also, no amounts were granted. He submits that 'loss of amenities' and 'future medical expenses', the amount granted by the Tribunal is on the lower side. He submits that the compensation that is awarded by the Tribunal is not just and reasonable.

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Learned counsel appearing for the Insurance Company submits that the Court below had rightly granted the compensation as he was working in a Commissioner Public Instructions Department and the evidence on record clearly discloses that he is continuing with the job. Hence, there is no 'loss of future earning', as such, the Court below had not applied the multiplier. On all other heads considering the evidence on record, Court had rightly granted the compensation.

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Having heard the counsel on either side, perused the material on record. Considering the injuries sustained by the claimant, the Court below had rightly granted the compensation under the head of 'pain and suffering' . Then coming to the 'attendant charges' , he

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was in hospital for 31 days and the Court below had granted an amount of Rs.33,000/- and no interference is called for. Coming to the 'loss of income during the laid

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up period' is concerned, the Court considered the aspect that as per Ex.P10, he had taken 62 days Commuted Leave to take bed rest. The commuted leave cannot be

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surrendered for getting encashment benefit, if he had availed earned leave, the matter would have been difficult. Hence, he has not been granted the compensation under the said head. In the opinion of this Court, the Court below had dealt with the said issue correctly and this Court finds no reason to grant amount under the head of 'loss of

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income during laid up period' . For 'medical expenses' , the Court below had rightly granted compensation basing on the evidence. Then coming to the 'loss of future income' , as he is continuing with the job, the Court below has not granted any amount under the said head and this Court finds no reasons to interfere.

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Coming to the disability, according to the

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Doctor, he had sustained 42% disability. If the same has to be taken, 1/3^rd of it would come to 14%. Though he is continuing with the job, still the disability always will have an impact on his life. Hence, under the head of 'loss of amenities' , this Court is granting an amount of Rs.1,00,000/-. Coming to the 'loss of amenities' , considering the 14% disability, this Court is granting an

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amount of Rs.40,000/-. Under the head of 'future medical expenses' , the Court below had granted an amount of Rs.15,000/-, considering the year of the accident i.e., 2015, this Court is granting an amount of Rs.30,000/- .

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/towards legal expenses. Altogether, the claimant is entitled for compensation of an amount of Rs.15,01,867/-.

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The claimant is therefore, entitled to the

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compensation under the following heads:

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	Head	s		C	ompensation Awarded by Tribunal	Compensation Awarded by this Court
1.	Pain sufferings	and	:	Rs.	80,000/-	80,000/-
2.	Attendant charges, nutritious and conve expenses	extra food yance	:	Rs.	33,000/-	33,000/-

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1 (2014) 11 SCC 178

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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	Loss of income
3.	during laid off period	:	Rs.	00/-	00/-
4.	Medical expenses	:	Rs.	12,08,867/-	12,08,867/-
5.	Loss of future income due to permanent disability	:	Rs.	00/-	00/-
6.	Towards disablement	:	Rs.	50,000/-	1,00,000/-
7.	Loss of future amenities and happiness	:	Rs.	20,000/-	40,000/-
8.	Future medical expenses	:	Rs.	15,000/-	30,000/-
9.	Legal Expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	14,06,867/-	15,01,867/-
	Enhancement	:	Rs.	95,00	0/-

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Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation from an amount of Rs.14,06,867/- to Rs.15,01,867/-.

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ORDER

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i) The appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.14,06,867/to Rs.15,01,867/-. The enhanced amount is Rs.95,000/-.

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ii) The enhanced amount shall carry interest at 6% per annum from the date of appeal till the date of realization.

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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iii) This Court by order dated **02.12.2022 had condoned the delay of *207 days in filing the appeal on the condition that the claimant will not be entitled for interest for the said period. In view of the same, the claimant is not entitled for interest for a period of *207 days.

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iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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v) No costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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MFA.No.9499/2018 arising out of MVC.No.172/2016

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The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the accident. According to the claimant, he is aged about 60 years, doing business and earning an amount of Rs.25,000/-. He had sustained as many as 5 simple injuries and 4 grievous injuries. As per the evidence of the doctor, he had sustained 32% disability to the limb

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*Corrected vide chamber order dated: 24.09.2024.

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**Page No.10 is retyped and replaced vide chamber order dated: 10.03.2025.

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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and 19.42% to the whole body but the Court had taken 10% as the disability and had taken the income at Rs.8,000/- and granted compensation as per the table given below:

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1	Pain and sufferings	Rs.60,000-00
2	Attendant charges, extra nutritious food and conveyance expenses	Rs.23,000-00
3	Loss of income during laid off period	Rs.16,000-00
4	Medical expenses	Rs.2,29,097-00
5	Loss of future income due to permanent disability	Rs.86,400-00
6	Loss of future amenities and happiness	Rs.30,000-00
7	Future medical expenses	Nil
	Total	Rs.4,44,497-00

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Learned counsel appearing for the claimant

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submits that the Court below considering the 4 grievous injuries and 5 simple injuries he had sustained had granted only an amount of Rs.60,000/-. Further it is the case of the claimant that he is earning Rs.25,000/- per month but the Court below had taken Rs.8,000/- which is on the lower side. He submits that the compensation

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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granted under the head of 'loss of future amenities' was also not reasonable and the compensation awarded by the Tribunal is not a just and reasonable compensation.

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Learned counsel appearing for the Insurance Company submits that the Court below had considered the income at Rs.8,000/- as there was no evidence and on all the heads, the Court below had granted a just and reasonable compensation and no grounds were made out for enhancement of compensation.

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Having heard the learned counsel on either side, perused the material on record. The claimant had sustained 4 grievous injuries and 5 simple injuries. Considering the same, under the head of ' pain and suffering ', this Court is granting an amount of Rs.80,000/- . Under the head of ' attendant and nourishment ', as he was in hospital for 21 days, the Court below had rightly granted Rs.23,000/- and no interference is called for. According to the claimant, he was earning an amount of Rs.25,000/- but the Court had

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taken Rs.8,000/- as there was no evidence. Considering the chart prepared by the Karnataka State Legal Services Authority on notional income this Court is taking Rs.9,000/- as his nominal income. Under the head of ' loss of future income', this Court is granted an amount of Rs.97,200/- (Rs.9,000/- X 12 X 9 X 10/100). Considering the grievous injuries, towards ' loss of income during laid up period ' this Court is granting an amount of Rs.36,000/- (Rs.9,000/- X 4). The compensation under the head of 'medical expenses' and 'loss of amenities' the Court below had rightly granted basing on the evidence on record and no enhancement is required.

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA (Supra), the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. Altogether, the claimant is entitled for compensation of an amount of Rs.5,05,297/-.

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The claimant is therefore, entitled to the compensation under the following heads:

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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	Heads		C	ompensation Awarded by Tribunal	Compensation Awarded by this Court
1.	Pain and sufferings	:	Rs.	60,000/-	80,000/-
2.	Attendant charges, extra nutritious food and conveyance expenses	:	Rs.	23,000/-	23,000/-
3.	Loss of income during laid off period	:	Rs.	16,000/-	36,000/-
4.	Medical expenses	:	Rs.	2,29,097/-	2,29,097/-
	Loss of future	:
5.	income due to permanent disability		Rs.	86,400/-	97,200/-
6.	Loss of future amenities and happiness	:	Rs.	30,000/-	30,000/-
7.	Future medical expenses	:	Rs.	00/-	00/-
8.	Legal Expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	4,44,497/-	5,05,297/-
	Enhancement	:	Rs.	60,8	00/-

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Accordingly, the appeal filed by the claimant in

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is partly allowed, enhancing the compensation from an amount of Rs.4,44,497/- to Rs.5,05,297/-.

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ORDER

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i) The appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,44,497/- to Rs.5,05,297/-. The enhanced amount is Rs.60,800/-.

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ii) The enhanced amount shall carry interest at 6% per annum from the date of appeal till the date of realization.

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iii) This Court by order dated 24.11.2022 had condoned the delay of * *199 days in filing the appeal on the condition that the claimant will not be entitled for interest for the said period. In view of the same, the claimant is not entitled for interest for a period of * *199 days.

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iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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*Corrected vide chamber order dated: 24.09.2024.

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**Page No.15 is retyped and replaced vide chamber order dated: 10.03.2025.

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NC: 2024:KHC:12914 MFA No. 9498 of 2018 C/W MFA No. 9499 of 2018

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v) No costs.

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Pending miscellaneous petitions, if any, shall stand

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closed.

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SD/JUDGE

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NR/List No.: 1 Sl No.: 9

Sri v. K Venkatesha Murthy v New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Sri v. K Venkatesha Murthy v New India Assurance Co. Ltd.

Case brief

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What the court decided

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