Krishnamurthy Vs M/S Iffco Tokio General Insurance Co. Ltd.

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14/09/2016 PASSED IN MVC NO.1065/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE (SCCH-18) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶20

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

¶21

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶22

ORAL JUDGMENT

¶23

The present appeal is filed aggrieved by the judgment and award passed in M.V.C.No.1065/2013 dated 14.09.2016 by the III Addl. Senior Civil Judge and MACT, Bengaluru the claimant is before this Court seeking enhancement of the compensation.

¶24

The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. The tribunal has held that the accident has happened because of the rash and negligent driving of the driver of the offending vehicle and also there is contributory negligence on behalf of the rider and pillion rider to an extent of 15% each and the Insurance Company is liable to pay 70% of the contribution, the claimant before this court is the pillion rider.

¶25

3 - NC: 2025:KHC:12174 MFA No. 1635 of 2017

¶26

Learned counsel appearing for the claimant submits

¶27

that there is no evidence to show that they have contributed to the accident and the tribunal ought not to have fixed the contributory negligence on the pillion rider, it would have been

¶28

on the rider but not the pillion rider. He submits that on all other counts also the compensation that is granted by the tribunal is not a reasonable compensation. The tribunal had granted the compensation as per the table given below:

¶29

	Heads		Co	mpensation Awarded
1.	Pain and suffering	:	Rs.	55,000/-
2.	Loss of amenities	:	Rs.	25,000/-
3.	Loss of future income	:	Rs.	1,73,000/-
4.	Loss of income during the laid up period	:	Rs.	40,000/-
5.	Nourishment & attendant charges	:	Rs.	30,000/-
6.	Medical Expenses	:	Rs.	3,16,000/-
7.	Disfigurement	:	Rs.	25,000/-
8.	Travelling and conveyance charges	:	Rs.	25,000/-
9.	Future medical expenses	:	Rs.	50,000/-
	TOTAL	:	Rs.	7,39,000/-

¶30

The learned counsel appearing for the respondent/

¶31

Insurance Company submits that as they have taken a vehicle which belongs to the respondent No.3 and they have contributed to the accident and the court has rightly fixed the

¶32

4 -

¶33

NC: 2025:KHC:12174 MFA No. 1635 of 2017

¶34

contributed negligence on the rider as well as the pillion rider. It is submitted that on all the counts tribunal had granted compensation which is on the higher side and no interference is called for.

¶35

Having heard the counsels on either side, perused the entire material on record. First of all, coming to the contributory negligence, considering the fact and circumstances of the case where they have taken the parked vehicle even without the notice of the owner of the vehicle and under those circumstances fixing the contributed negligence on the rider as well as the pillion rider by the tribunal is a well considered one and no interference is called for.

¶36

Coming to the compensation the claimant had sustained two fractures, considering the fractures and injury, under the head of pain and suffering this Court is granting an amount of Rs.60,000/- , under the head of loss of amenities this court is granting an amount of Rs.30,000/-. Then coming to the loss of future earning, the case of the claimant is that he is earning an amount of Rs.6000/-, the tribunal had taken Rs.5000/- as income. Considering that this

¶37

5 - NC: 2025:KHC:12174 MFA No. 1635 of 2017

¶38

accident is of the year 2012 this Court is taking the income at an amount of Rs.6,000/- as per the chart and the doctor has deposed that the claimant had sustained disability of 66% to the limb and 29.4% to the whole body, but the tribunal had considered 18%. Considering 1/3^rd of the limb disability i.e., 29.4% this Court is taking 22% and the multiplier is 16, under the head of loss of future income this court is granting an amount of Rs.2,53,440/- (6,000/- x 12 x 16 x 22/100= Rs.2,53,440/-). Coming to the loss of income during the laid up period, nourishment and attendance charges, medical expenses, disfigurement, travelling and conveyance charges, future medical expenses , the tribunal has considered and granted reasonable compensation. Hence this Court finds no reasons to interfere.

¶39

In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER , the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses .

¶40

6 -

¶41

NC: 2025:KHC:12174 MFA No. 1635 of 2017

¶42

The claimant is therefore, entitled to the compensation

¶43

under the following heads:

¶44

	Heads		Co A	mpensation warded by Tribunal	Compensation Awarded by this Court
1.	Pain and suffering	:	Rs.	55,000/-	60,000/-
2.	Loss of amenities	:	Rs.	25,000/-	30,000/-
3.	Loss of future income	:	Rs.	1,73,000/-	2,53,440/-
4.	Loss of income during the laid up period	:	Rs.	40,000/-	40,000/-
5.	Nourishment & attendant charges	:	Rs.	30,000/-	30,000/-
6.	Medical Expenses	:	Rs.	3,16,000/-	3,16,000/-
7.	Disfigurement	:	Rs.	25,000/-	25,000/-
8.	Travelling and conveyance charges	:	Rs.	25,000/-	25,000/-
9.	Future Medical expenses	:	Rs.	50,000/-	50,000/-
10.	Legal Expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	7,39,000/-	8,39,440/-

¶45

Altogether the claimant is entitled for an amount of Rs.8,39,440/-. Out of that the Insurance Company is liable to pay 70% of the compensation which comes to an amount

¶46

of Rs.5,87,608/- . The rider of the motorcycle has contributed

¶47

to the accident that is contributory negligence is at 15% hence

¶48

7 -

¶49

NC: 2025:KHC:12174 MFA No. 1635 of 2017

¶50

he is liable to pay an amount of Rs.1,25,916/- to the claimant and the remaining 15% liability is fixed on the claimant.

¶51

i) Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,39,000/- to 8,39,440/-.

¶52

ii) The Insurance company is liable to pay an amount of Rs.5,87,608/- and the rider of the motorcycle has to pay an amount of Rs.1,25,916/- to the claimant.

¶53

iii) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.

¶54

iv) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

¶55

8 -

¶56

NC: 2025:KHC:12174 MFA No. 1635 of 2017

¶57

v) The registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay.

¶58

vi) No Costs.

¶59

Pending miscellaneous petitions, if any, shall stand closed.

¶60

SD/(LALITHA KANNEGANTI) JUDGE

¶61

TS List No.: 2 Sl No.: 5

Krishnamurthy v. M/S Iffco Tokio General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Krishnamurthy v. M/S Iffco Tokio General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri v Murthy Vs Sri Munikrishna P

The Branch Manager Vs Kumari Amrutha

Sri Narayanaswamy Vs Sri Prakashan C

Nagaraju Vs Ashwatha

Iffco-Tokio General Insurance Co. Ltd. Vs Smt. Radha N K

Shafiulla Vs Halesh Naika