Sri H N Srinivasa Reddy Vs M/S Reliance General Insurance

M/S RELIANCE GENERAL INSURANCE CO.LTD., BY ITS MANAGER P9OLICY SERVING OFFICE ENVIRON TOWERS, NO.60/4, HOSUR MAIN ROAD ELECTRONIC CITY BANGALORE-560100

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SAIKANTH KUMAJR BANIK MAJOR S/O AJITH KUMAR BANIK NO. E-3, SILICON GARDEN 3RD FLOOR, 12TH MAIN ROAD

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2 - NC: 2026:KHC:9266 MFA No. 3658 of 2013

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HC-KAR

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5TH PHASE, J P NAGAR BANGALORE-560078

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…RESPONDENTS

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(BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DTD 24.7.2015)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 8.6.2012 PASSED IN MVC NO.874/2011 ON THE FILE OF THE MEMBER, PRL. MACT, AND CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988¹ challenging the judgment and award dated 08.06.2012 passed in MVC No.874/2011 by the Member, Prl. MACT., & Chief Judge Court of Small Causes, Bangalore² , wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of

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1 Hereinafter referred to as 'Act'

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2 Hereinafter referred to as ‘Tribunal’

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HC-KAR

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`1,93,278/together with interest at 6% pa. The

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appellant/claimant seeks for enhancement of compensation.

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The findings of the Tribunal on negligence and liability are

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not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded by the Tribunal.

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The claimant was aged 36 years as on the date of the accident i.e., as on 23.11.2010. The claimant was stated to be a mason. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the income of the claimant at 4,500/- per month. Having regard to the date of the accident, the notional income of the claimant is reassessed as 5,500/- per month. Having regard to the age of the claimant, it is appropriate to apply a multiplier of '15'.

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The wound certificate (Ex.P5), discharge summary (Ex.P6), testimony of the Doctor (PW2) and other medical records indicate that the claimant has sustained the following injuries:

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i. Multiple ribs fracture left side 1 to 8;

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NC: 2026:KHC:9266 MFA No. 3658 of 2013

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HC-KAR

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ii. Right clavicle fracture - lateral end;

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iii. Left Scapular Comminuted fracture;

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iv. Hemopneumothorax

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The claimant was treated as an inpatient from 23.11.2010 to 03.12.2010. Although the Doctor has deposed that the claimant had sustained a disability of 20%, the Tribunal has disbelieved the testimony of the Doctor. However, the medical evidence on record indicates that the claimant had sustained multiple fractures.

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The discharge summary (Ex.P6) does not indicate that the claimant was surgically treated. However, having regard to the nature of injuries sustained and the medical evidence on record, it is just and proper that the disability of the claimant be assessed at 7% to the whole body.

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Having regard to the aforementioned, the compensation is re-assessed as under:

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7.1. The compensation awarded by the Tribunal towards injury, pain and suffering in a sum of `50,000/- and

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HC-KAR

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medical expenses in a sum of `1,11,278/- are just and

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proper;

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7.2. Having regard to the nature of injuries sustained, the laid up period is re-assessed as three months and a compensation of (5,500 x 3) 16,500/- is awarded towards the same as against `9,000/- awarded by the Tribunal;

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7.3. Having regard to the nature of injuries sustained and the period of treatment, the compensation towards attendant charges and conveyance is re-assessed as 15,000/- as against 8,000/- (6,000/- + 2,000/-) awarded by the Tribunal;

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7.4. Having regard to the nature of injuries sustained and the period of treatment, a compensation of 20,000/is awarded towards loss of amenities as against 15,000/awarded by the Tribunal;

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7.5 The future loss of earning capacity is re-assessed as

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(5,500 x 12 x 15x7%) 69,300/-;

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Hence, the compensation is re-assessed as under:

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NC: 2026:KHC:9266 MFA No. 3658 of 2013

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HC-KAR

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Sl.No	Compensation Head	Amount Awarded by the Tribunal(`)	Amount awarded by this Court (`)
1	Injury, pain and suffering	50,000.00	50,000.00
2	Medical expenses	1,11,278.00	1,11,278.00
3	Loss of income during laid up period	9,000.00	16,500.00
4	Attendant charges	6,000.00
5	Conveyance charges	2,000.00	15,000.00
6	Loss of amenities in life	15,000.00	20,000.00
7	Loss of future earning capacity	00	69,300.00
	Total	1,93,278.00	2,82,078.00

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Accordingly, the claimant is entitled to enhanced compensation of (2,82,078/- - 1,93,278/-) = `88,800/-.

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In view of the aforementioned, the following:

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ORDER

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i) The appeal is allowed in part;

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ii) The judgment and award dated 08.06.2012 passed in MVC No.874/2011 by the Member, Prl. MACT., & Chief Judge Court of Small Causes, Bangalore is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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HC-KAR

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iii) The appellant/claimant is entitled to enhanced compensation of `88,800/together with interest at 6% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

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iv) Respondent No.1 – insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment;

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