Karnataka High Court
Reliance General Insurance Company ... vs Hanumanthappa on 28 March, 2013
Author: N.Ananda
Bench: N.Ananda
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.NO.3008/2011 (MVC)
C/W.
M.F.A.NO.2982/2011 (MVC)
M.F.A.NO.3008/2011:
BETWEEN:
RELIANCE GENERAL INSURANCE COMPANY LIMITED
NO.1 AND 2, I FLOOR,
MAGANOOR COMMERCIAL COMPLEX
B.D.ROAD, CHITRADURGA
HEREIN REP. BY THE REGIONAL OFFICE
NO.28, 5TH FLOOR, EAST WING,
CENTENARY BUILDING, M.G. ROAD
BANGALORE - 560 001
BY DEPUTY MANAGER (CLAIMS)
...APPELLANT
(BY SRI H S LINGARAJ, ADV.)
AND:
1. HANUMANTHAPPA
AGED ABOUT 27 YEARS,
S/O SRI NAGAPPA,
R/O KAREHALLY VILLAGE,
HOSADURGA TALUK
2. MOHAMMED ALEEM
MAJOR, S/O MOHAMMED ABID,
R/O KOBRIPETE, HOSADURGA
... RESPONDENTS
(BY SRI R.SHASHIDHARA, ADV. FOR R-1)
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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 30.12.2010 PASSED
IN MVC NO.547/2008 ON THE FILE OF ITINERARY SENIOR
CIVIL JUDGE & MACT, HOSADURGA, AWARDING A
COMPENSATION OF Rs.4,51,800/- WITH INTEREST @ 6%
P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
M.F.A.NO.2982/2011:
BETWEEN:
HANUMANTHAPPA
S/O NAGAPPA
AGED ABOUT 28 YEARS
AGIRUCLUTIRST
R/O KAREHALY VILLAGE,
HOSADURGA TALUK - 577526
... APPELLANT
(BY SRI R SHASHIDHARA, ADV.)
AND:
1. MOHAMMED ALEEM
S/O MOHAMMED ABID
AGE: MAJOR
OWNER OF MERCHANT BUS BEARING
NO.KA-17/C-1919
R/O KOBRIPETE
HOSDURGA TOWN - 577 526
2. THE DIVISIONAL MANAGER
RELIANCE GENERAL INSURANCE CO LTD.,
NO 1 AND 2, 1ST FLOOR
MAGANUR COMMERCIAL COMPLEX,
B D ROAD, CHITRADURGA - 577 501
... RESPONDENTS
(BY SRI H S LINGARAJ, ADV. FOR R-2
NOTICE TO R-1 DISPENSED WITH)
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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 30.12.2010 PASSED
IN MVC NO.547/2008 ON THE FILE OF THE ITINERARY
SENIOR CIVIL JUDGE, MACT, HOSADURGA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A.No.2982/2011 is filed by claimant for enhancement of compensation.
2. M.F.A.No.3008/2011 is filed by the Insurance Company for reduction of compensation.
3. The other facts not being in dispute, the only question that arises for determination in this appeal is whether the tribunal has awarded just and reasonable compensation?
4. As a result of accident, claimant had suffered following injuries:
1) 10 cms. X 15 cms. wound over lateral aspect of the dorsum of foot extending distal to lateral malleolus to the toes of right foot
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2) cut lacerated wound present over all the web spaces of right foot toes - 4th and 5th metatarsal bones exposed in the right foot
3) tenderness present over all metatarsal bones and little toe of right foot The fractures of metatarsal bones of foot and injuries on right foot resulted in amputation of right foot. The right foot of claimant is blunt. The claimant cannot walk without help of crutches. The functional ability of right lower limb has been considerably reduced. The claimant was an agriculturist. Therefore, permanent physical disability vis-à-vis loss of earning capacity is determined at 20%. The claimant was aged about 25 years. Considering the age and avocation of claimant, his income is determined at Rs.4,000/- p.m. The claimant was not married. He has to suffer with his blunt right foot during the rest of his life. The claimant was under prolonged treatment.
5. Therefore, compensation awarded by tribunal is modified as follows:
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1. Pain and sufferings Rs. 75,000/-
2. Loss of amenities & enjoyment Rs. 75,000/-
of life including loss of marital prospects
3. Loss of future income (48,000 x Rs.1,72,800/-
18 x .20)
4. Medical expenses including Rs. 50,000/-
future medical expenditure
5. Conveyance, attendant, Rs. 25,000/-
nourishment and food
6. Loss of earning during laid up Rs. 20,000/-
period
Total Rs.4,17,800/-
6. In the result, I pass the following order:
M.F.A.No.2982/2011 filed by claimant is dismissed. M.F.A.No.3008/2011 filed by the Insurance Company is accepted in part, the compensation of Rs.4,51,800/- awarded by the tribunal is reduced to Rs.4,17,800/-. The rest of the impugned award relating to rate of interest, period of accrual of interest and ratio of payment and investment is confirmed. The amount deposited by Insurance Company shall be transferred to tribunal.
Sd/-
JUDGE nas.