The United India Insurance Co. Ltd. Vs Mr. Krishnamurthy

THE UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 6^TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 001, REP. BY ITS MANAGER, SRI. KRISHNA EARLIER AT: M.G. ROAD, BANGALORE. …APPELLANT

¶12

(BY SRI. A RAVISHANKAR., ADVOCATE)

¶13

AND:

¶14

Digitally signed by PADMASHREE 1. MR. KRISHNAMURTHY, SHEKHAR DESAI S/O PAPANNA, Location: High AGED ABOUT 31 YEARS, Court Of Karnatka R/A NO.1300 8^TH MAIN, 5^TH CROSS, K.N.EXTENSION, YESHWANTHPUR, BANGALORE-560 022. PERMANENT ADDRESS: MADIGONDANAHALLI, KUDUR HOBLI, MAGADI TALUK -562 120,

¶15

2 -

¶16

NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶17

HC-KAR

¶18

RAMANAGARA DISTRICT.

¶19

SRI.A.R.SIDDEGOWDA. A.R., AGED 43 YEARS, S/O RANGEGOWDA, AGASARAHALLI, BEGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116.

¶20

…RESPONDENTS

¶21

(BY SRI. JAYARAMAIAH., ADVOCATE FOR R1, SRI. PRAKASH T. HEBBAR, ADVOCATE FOR R2)

¶22

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.07.2015 PASSED IN MVC NO.7028/2012 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSE JUDGE, & XXI ACMM, MACT, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF Rs.4,86,020/WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

¶23

IN MFA NO. 7915/2015:

¶24

BETWEEN:

¶25

SRI KRISHNAMURTHY, S/O PAPANNA, AGED ABOUT 31 YEARS, R/AT NO 1300, 8^TH MAIN, 5^TH CROSS, K N EXTENSION, YESHWANTHPUR, BENGALURU-560 022, PERMANENT ADDRESS: AT MADIGONDANAHALLI, KUDUR HOBLI, MAGADI TALUK, RAMANAGAR TALUK. (BY SRI. JAYARAMAIAH., ADVOCATE)

¶26

...APPELLANT

¶27

3 - NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶28

HC-KAR

¶29

AND:

¶30

M/S UNITED INDIA INSURANCE CO. LTD., CAMPCO TOWERS, 1^ST FLOOR, MISSION STREET, BUNDER, MANGALORE – 01, REP. BY ITS DIVISIONAL MANAGER, HEAD OFFICE, UNITED INDIA INSURANCE CO. LTD., M G ROAD, BANGALORE-560 001, BY ITS MANAGING DIRECTOR.

¶31

SRI. A R SIDDEE GOWDA, AGED BY MAJOR, S/O RANGEGOWDA, AGASARAHALLI, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 116.

¶32

...RESPONDENTS

¶33

(BY SRI. A. RAVISHANKAR FOR R1, ADVOCATE SRI. PRAKASH T HEBBAR FOR R2, ADVOCATE)

¶34

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.07.2015 PASSED IN MVC NO.7028/2012 ON THE FILE OF THE XXI A.C.M.M & XXIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MACT (SCCH-25), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶35

THESE APPEALS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

¶36

4 - NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶37

HC-KAR

¶38

ORAL JUDGMENT

¶39

MFA No.2447/2017 is filed by the

¶40

appellant/Insurance Company to set aside the award passed by the Tribunal dated 03.07.2015 passed in MVC No.7028/2012 on the file of the XXIII Additional Small Cause Judge, & XXI ACMM, MACT, Court of Small Causes, Bengaluru and disputing the quantum of compensation

¶41

MFA No.7915/2015 is filed by the appellant/claimant against the judgment and award dated 03.07.2015 passed in MVC No.7028/2012 on

¶42

the file of the XXIII Additional Small Cause Judge, & XXI ACMM, MACT, Court of Small Causes, Bengaluru, seeking enhancement of compensation

¶43

Heard learned counsel for both parties. The

¶44

counsel for the owner of the vehicle is also present.

¶45

The brief facts of the case is that the claimant

¶46

had claimed compensation of Rs.18,75,000 before the

¶47

5 - NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶48

HC-KAR

¶49

tribunal. However, the tribunal considering the evidence on record granted Rs.4,86,020/with interest at the rate of 6 % p.a. Aggrieved by the said order, these appeals are preferred.

¶50

As per the evidence of PW2, petitioner has sustained fracture acetabulum left with compound grade-II fracture of both bone left leg and compound grade-II fracture of both bone left forearm and was operated on 22.05.2012 wherein fracture of both bone

¶51

forearm was fixed with square nails and fracture both bone of left leg was fixed with interlocking nails.

¶52

PW 2, opined 20% of whole body disability.

¶53

Exs.P1 to P14 were marked. The appellant aged 28 years was working as a Contract Labour in KMF Dairy

¶54

Milk filling center at Solur earning Rs.12,000/- per month. As he could not produce any evidence regarding his income, the notional income of

¶55

6 - NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶56

HC-KAR

¶57

Rs.7,000/- was considered and an amount of

¶58

Rs.2,85,600/- was granted under the head Loss of future income and this needs no interference. An amount of Rs.40,000/- was granted for pain and suffering and this Court finds it reasonable to enhance the same to Rs.60,000/- . Towards, loss of Amenities this court finds it reasonable to enhance the amount

¶59

to Rs.53,560/-. Loss of income during the laid up period is also granted as Rs. 35,000/- and medical expenses granted by the Tribunal of an amount of Rs.1,00,860 holds good. Attendant charges is

¶60

enhanced to Rs.15,000/-.

¶61

Thus in all, award of compensation passed by

¶62

the Tribunal is modified as under:

¶63

Particulars	Amount in Rs.
Loss of future income	2,85,600
Pain and suffering	60,000

¶64

7 -

¶65

NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶66

HC-KAR

¶67

Loss of Amenities	53,560
Loss of income during	35,000
the laid up period
Medical expenses	1,00,860
Attendant charges	15,000
Total	5,50,020

¶68

Hence, the appellant-claimant is entitled for a total

¶69

enhanced compensation of Rs.5,50,020/- along with interest as prayed for 6% p.a. as against already awarded by the Tribunal.

¶70

In the result, the following order is passed:

¶71

ORDER

¶72

i. MFA.No.7915/2015 filed by the claimant is hereby allowed in part.

¶73

ii. MFA No.2447/2017 filed by the appellant/Insurance company is hereby dismissed.

¶74

8 - NC: 2025:KHC:32682 MFA No. 2447 of 2017 C/W MFA No. 7915 of 2015

¶75

HC-KAR

¶76

iii. The judgment and award dated 03.07.2015 passed in MVC No.7028/2012 on the file of the XXIII Additional Small Cause Judge, & XXI ACMM, MACT, Court of Small Causes, Bengaluru, is hereby modified;

¶77

iv. The claimant is entitled to a sum of Rs. 5,50,020 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,86,020/granted by the tribunal.

¶78