Karnataka High Court
The New India Assurance Co Ltd vs Sri Arun Karadi @ Arun K.R on 7 July, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MFA NO.3430/2014 C/W MFA NO.1247/2014
IN MFA No.3430/2014:
BETWEEN
Mr ARUN KARADI
@ ARUN K.R.,
S/O LATE RENAKAPPA H.K.,
AGED ABOUT 39 YEARS
NO.13/1, ALS HABITAT
AJMONIA COLONY
1ST B MAIN ROAD
NEAR SULTANPALYA BUS STAND
BANGALORE
PERMANENT ADDRESS: No.474/12
7TH MAIN, 4TH B CROSS, RPC LAYOUT
BANGALORE
...APPELLANT
(BY SRI H.K. SATHEESH, ADVOCATE)
AND
1. THE REGIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LTD.,
REGIONAL OFFICE, NO.2-B
UNITY BUILDING ANNEX,
MISSION ROAD,
BANGALORE-560 027
2. M/s. GOUTHAM ASSOCIATES
2
NO.455, 13TH MAIN,
3RD STAGE, WEST OF CHORD ROAD,
MANJUNATHANAGAR
BANGALORE-560 010
...RESPONDENTS
(BY SRI ANUP SEETHARAMA RAO, ADVOCATE for
SRI B.C. SEETHARAMA RAO, ADVOCATE FOR R.1
R.2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 02.12.2013 PASSED IN MVC NO.1431/2012 ON
THE FILE OF THE MEMBER, PRL.MACT, BANGALORE (SCCH-1),
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.1247/2014:
BETWEEN:
THE NEW INDIA ASSURANCE CO., LTD.,
REGIONAL OFFICE,
MAHALAKSHMI CHAMBERS
M.G.ROAD, BANGALORE-560 001
REP BY ITS MANAGER
SRI V RAMACHANDRAN
...APPELLANT
(BY SRI ANUP SEETHARAMA RAO, ADVOCATE for
SRI B.C. SEETHARAMA RAO, ADVOCATE)
AND:
1. SRI ARUN KARADI @ ARUN K.R.,
AGED ABOUT 40 YEARS
S/O RENUKAPPA H.K.,
NO.13/1, ALS HABITAT
AJMONIA COLONY
1ST 'B' MAIN ROAD
NEAR: SULTANPALYA BUS STAND
BANGALORE-560 040
3
OR
NO.472/12, 7TH MAIN, 4TH 'B' CROSS
RPC LAYOUT, BANGALORE-560 040
2. M/s. GOLUTHAM ASSOCIATES
NO.455, 13TH MAIN, 3RD STAGE
WEST OF CHORD ROAD
MANJUNATHANAGAR
BANGALORE-10.
...RESPONDENTS
(R.1 AND R.2 SERVED)
----
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 02.12.2013 PASSED IN MVC NO.1431/2012 ON
THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE,
AWARDING COMPENSATION OF RS.10,90,705 WITH INTEREST
AT 6% P.A. FROM THE DATE OF PETITION.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.3430/2014 is filed by the claimant in MVC No.1431/2022 challenging the judgment and award dated 02.12.2013 and seeks enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate considering the injuries sustained by him in the accident.
4MFA No.1247/2014 is filed by the insurer seeking a reduction in compensation awarded in the same proceeding.
2. Heard the learned advocate appearing for the claimant and the learned advocate appearing for the insurer. There is no dispute relating to the coverage. Since the coverage is admitted, the presence of the owner is not required in this case.
3. The Tribunal has awarded compensation of Rs.10,90,705/- to the claimant and the major component of compensation awarded is under the head "loss of future earning capacity" at Rs.10,23,060/-.
4. The claimant was working as the General Manager of M/s. Times VPL Limited and was earning a salary of Rs.1,38,499/- at the time of the accident. PW.1 in his cross-examination has admitted that he is continuing in the job and in that event, there is no loss of future income on account of the accident. Under the 5 circumstances, the Tribunal could not have awarded compensation of Rs.10,23,060/- under the head "loss of future earning capacity". It is also submitted at the bar that even today, the claimant is working and there is no functional disability and consequent loss of income on account of the accident. Thus, under the head "loss of future earning capacity," the compensation of Rs.10,23,060/- awarded by the Tribunal has to be set aside.
5. Learned counsel for the insurer would refer to the judgment of a Division Bench of this Court in the case of Sri Subash vs. The New India Assurance Co. Ltd., Rep by its Manager and others reported in ILR 2010 KAR 2439 to substantiate his contention that compensation cannot be awarded under the head "loss of future earning capacity" if the claimant continued in service. The ratio applies in this case as well. Accordingly, compensation under the said head is set aside.
6
6. The records would indicate that the claimant was an in-patient for nine days. The Wound Certificate produced by the claimant would indicate that the claimant has suffered Type I open segmental fracture right tibia and fibula with Type II fracture Scharzker's right tibial condyle and comminuted fracture of distal end left radius. The Doctor has assessed 20% disability to the whole body and the Tribunal has taken 7% disability while assessing the compensation payable to the claimant.
7. It is noticed that the Tribunal has awarded Rs.20,000/- under the head "pain and suffering", Rs.19,715/- towards "medical expenses", Rs.24,030/- towards "loss of earning during the laid-up period" and "Rs.3,900/- towards "attendant charges, food and nourishment and travelling expenses" and nothing is awarded under the heads "loss of amenities" and "future medical expenses".
7
8. This Court has considered the evidence on record relating to the injuries sustained by the claimant and the number of days he has spent as an in-patient in the hospital and also the disability suffered. Though there is no functional disability that would result in loss of income to the claimant, by looking at the nature of injuries suffered by the claimant and the permanent disability incurred to the limb and whole body, this Court is of the view that the compensation under the head "pain and suffering" awarded by the Tribunal is on the lower side and the same is enhanced from Rs.20,000/- to Rs.1,00,000/-.
9. As far as medical expenses are concerned, the same is supported by bills and vouchers. Therefore, no interference is required on the amount awarded under the said head.
10. "Loss of earning during the laid-up period" is taken at Rs.24,030/- by the Tribunal. This does not require any modification. Award Rs.3,900/- towards 8 attendant charges, food and nourishment and travelling expenses, is on the lower side and Rs.10,000/- is awarded against what is awarded by the Tribunal under this head.
11. Considering the nature of the injuries and disability, compensation of Rs.1,00,000/- is awarded under the head "loss of amenities". This court while awarding compensation on this head has also taken into consideration that the claimant has not suffered any function disability which would affect his earning. However there is permanent physical disability of 20% to the limb and 7% to the whole body. It will consequently result into loss of amenities in life. If loss of income is awarded on account of disability then the award under the head of loss of amenities would be nominal. Where compensation is not awarded under the head of loss of income on account of disability, the award under the head of loss of amenities would not be nominal. Thus in this case Rs.1,00,000=00 is awarded under the said head.
9
12. It is also forthcoming from the record that the doctor has given evidence stating that the claimant needs Rs.20,000/- towards "future medical expenses". Same is not awarded by the Tribunal and this Court deems it fit to award Rs.20,000/- under the head "future medical expenses".
13. Thus, the compensation is reduced from Rs.10,90,705 to Rs.2,73,030/-.
14. The compensation shall carry interest at 6% per annum from the date of petition till realization. Accordingly, the impugned judgment and award are modified.
15. In view of the above, MFA No.1247/2014 preferred by the insurer is allowed in part and MFA No.3430/2014 preferred by the claimant is dismissed. 10
16. Claimant is entitled to compensation of Rs. 2,73,030/-. The compensation shall carry interest at 6% per annum from the date of petition till realization.
Sd/-
JUDGE mv