Sri Malleshwara Reddy Vs the Regional Manager

SRI MALLESHWARA REDDY S/O S.GANGULI REDDY, AGED ABOUT 43 YEARS, R/AT NO.40, 2^ND FLOOR, 5^TH CROSS, NEAR SEA COLLEGE, MUNESHWARA LAYOUT, K.R.PURAM, BANGALORE - 560 036

¶10

…APPELLANT

¶11

(BY SRI. ANIL KUMAR M, ADVOCATE)

¶12

AND:

¶13

Digitally signed by MADHUSHREE H

¶14

Location: High Court of Karnataka

¶15

THE REGIONAL MANAGER TATA AIG GEN. INS. CO. LTD., 5^TH FLOOR, WEST ENTRANCE, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001

¶16

SRI. SHIVAKUMAR S/O CHANDRAPPA R/AT NO.508, 11^TH CROSS, 8^TH MAIN, SARAKKI MAIN ROAD, J.P.NAGAR, BANGALORE - 560 078

¶17

…RESPONDENTS

¶18

2 -

¶19

NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶20

(BY SRI. RAVI S SAMPRATHI FOR R1, ADVOCATE FOR R1; VIDE ORDER DATED 25.07.2017, NOTICE TO R2 IS DISPENSED WITH)

¶21

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 03.10.2013 PASSED IN MVC NO.3/2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE (SCCH-04) AND TO ENHANCE THE AWARD OF COMPENSATION BY ALLOWING THIS APPEAL WITH COSTS IN THE INTEREST OF JUSTICE.

¶22

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

¶23

CORAM: HON'BLE MR JUSTICE T.M.NADAF

¶24

ORAL JUDGMENT

¶25

This appeal is by the appellant/claimant seeking enhancement of compensation awarded by the Tribunal in MVC.No.3/2011 dated 03.10.2013, on the file of the Court

¶26

of Small Causes Judge and Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-4).

¶27

The parties shall be referred to as per their ranking before the Tribunal for easy reference.

¶28

The date of accident, involvement of the vehicle,

¶29

injuries sustained by the claimant and liability fastened are

¶30

3 -

¶31

NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶32

not in dispute. The only question which has to be considered by this Court is quantum of compensation.

¶33

Heard both the learned counsel for the parties and perused the material on record.

¶34

Though the matter is listed for Admission, with

¶35

consent of learned counsel for the parties, this matter is taken up for final disposal.

¶36

It is not in dispute that the appellant has sustained injuries in the accident as stated by the Doctor – PW-2, which has been extracted by the Tribunal in paragraph No.13 as follows:-

¶37

“ auto amputation, right thumb at the base of the proximal phalynx.”

¶38

The Tribunal after considering the material placed

¶39

on record, awarded compensation of Rs.1,94,000/- under various heads, at paragraph No.20 as follows:

¶40

4 -

¶41

NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶42

1.	Pain and sufferings	:	Rs.	30,000/-
2.	Loss of amenities & Happiness	:	Rs.	15,000/-
3.	Medical and incidental charges	:	Rs.	50,000/-
4.	Loss of earnings during the laid up period	:	Rs.	15,000/-
5.	Loss of future earnings due to disability	:	Rs.	84,000/-
	TOTAL	:	Rs.	1,94,000/-

¶43

Considering the injuries sustained and the fact that there is auto amputation right thumb at the base of the proximal phalynx, the treatment which the claimant has taken, the operations undergone and the assessment of disability by the Doctor to an extent of 55% to the right upper limb and 14% to the whole body, the Tribunal has not properly considered the injuries sustained, disabilities suffered and the expenses incurred by the claimant. In view of the same, this Court feels that the compensation awarded by the Tribunal under various heads requires redetermination.

¶44

The compensation awarded under the head ‘Pain and sufferings’ is just and proper and the same is kept intact.

¶45

5 -

¶46

NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶47

The Tribunal has awarded an inadequate sum of Rs.15,000/- under the head 'Loss of amenities and happiness'. The same is enhanced to Rs.30,000/-.

¶48

A sum of Rs.46,205/- rounded off to Rs.46,500/-

¶49

is awarded under the head ‘Medical Expenses’, which is as per the actual medical bills produced by the claimant.

¶50

The Tribunal has awarded an inadequate sum of Rs.15,000/- under the head 'Loss of income during laid up period'. Considering the nature of injuries sustained by the claimant, the same is enhanced to Rs.22,000/(Rs.5,500/- x 4 months).

¶51

As could be seen from the records, there is amputation of thumb at the base which is “scheduled injury” as per Part II of Schedule I of the Workmen’s Compensation Act, 1923 (hereinafter referred to as ‘the Act’, for short). As per schedule, loss of terminal

¶52

6 - NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶53

phalanx of thumb, the percentage of loss of earning capacity is shown as 20%.

¶54

In the case on hand, doctor has assessed the disability of 55% to the right upper limb and 14% to the whole body. In view of the fact that loss of thumb is “scheduled injury” as per schedule appended to the Act, the disability is taken at 20% as per the schedule. The Tribunal has taken income of the claimant in the absence of any proof of income and his avocation at Rs.5,000/-. The accident is of the year ‘2010’. The notional income of the claimant is to be taken at Rs.5,500/- per month as per the chart prepared by the Karnataka State Legal Services Authorities. The claimant was aged about 43 years. The appropriate multiplier applicable is '14'. Therefore, 'loss of earning capacity due to disability' is re-determined as follows:-

¶55

Rs.1,84,800/- (Rs.5,500 x 12 x 14 x 20%)

¶56

Accordingly, compensation is re-determined as follows:

¶57

7 -

¶58

NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶59

1.	Pain and sufferings	:	Rs.	30,000/-
2.	Loss of amenities & Happiness	:	Rs.	30,000/-
3.	Medical expenses	:	Rs.	46,500/-
4.	Attendant, food, nourishment and conveyance	:	Rs.	15,000/-
5.	Loss of income during laid up period	:	Rs.	22,000/-
6.	Loss of future earnings due to disability	:	Rs.	1,84,800/-
	TOTAL	:	Rs.	3,28,300/-

¶60

On re-determination, the appellant is entitled for

¶61

Rs.3,28,300/- as against Rs.1,94,000/-. The enhanced compensation works out to Rs.1,34,300/- (Rs.3,28,300 – 1,94,000), along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal.

¶62

Accordingly, I proceed to pass the following:

¶63

ORDER

¶64

i. The appeal is allowed-in-part .

¶65

ii. The judgment and award passed by the Tribunal in MVC No.3/2011 dated 03.10.2013 by the Court of Small Causes Judge and Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-4), is hereby

¶66

8 -

¶67

NC: 2025:KHC:15934 MFA No. 5294 of 2014

¶68

modified holding that the claimant is entitled for enhanced compensation of Rs.1,34,300/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

¶69

iii. Respondent No.1 – Insurance Company shall deposit enhanced compensation along with accrued interest within a period of six weeks from the date of receipt of copy of this order.

¶70

iv. No order as to costs.

¶71

Sd/(T.M.NADAF) JUDGE

¶72

MH/List No.: 1 Sl No.: 5

Sri Malleshwara Reddy v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Sri Malleshwara Reddy v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri S Shankarappa Vs Sri Girish B

The Divisional Manager Vs Manjunatha

Sri Ramanna T M Vs the Oriental Insurance Co. Ltd.

United India Insurance Co. Ltd. Vs Smt. Shubha @ Shobha

The New India Assurance Co. Ltd. Vs Smt Soni Yadav

M/S Royal Sundaram General Vs Smt Sujatha