Karnataka High Court
National Insurance Co Ltd vs Shaban Beary on 31 July, 2008
Bench: K.L.Manjunath, B.V.Nagarathna
;_°'REG§ofiAL o§F1cE, SUBHARAM COMPLEX
*,'N0;1g4;«M.G.RoAD, BANGALORE~l
'= =;'sHABAN BERRY
_ 1 -
IN THE HIGH COURT OF KARNATAKA AT BBM§AL$RE*_
QATED THIS THE 31"'bfi$ Q% fifi1§ é§58fflbx
PRE$3gT V 'V V% V. at
THE HON'BLE ¢R.JUséi§$ K L Mé$§§y§@a
. fifi ;@DJiu L;
THE HoN'BLE MRS SUST:¢a"§.v5§AGARATHNA
fiMEA_§Qf2397?§Q§3fMV}
BETWEEN
NATI0§AL4:wsURAmcg"co;_LTD.,
I FLOOR, EMPLOYEES COMPLEX
BALMATTA;uMANGALQREr57B 001
NOW REP BY ITS REGIONAL MANAGER
NpE:0NAL_INsURANcaco.LTD,
APPELLRNT
(B¥_SEI SEN KRISHNA.SWRMY, ADv.,)
AGED 60 YEARS
M 2 -
2 KHATEIJA W/O SHABRN BERRY
AGED 45 YEARS
3 RAJIRA W/O HUSAIN SHAZABAN
AGEE 22 YEARS
4; HAJIRA D/D SHABRN BEARfMm
Aeaa 20 YEARS V
5 SUMAYA ' f.z =
9/0 LATE HUSSAIN SHABAN
AGED 7 YEARS 'a
6 MQHAMMED SUEAIL~..'
sfo HUSAIN SHABANV
AGED 2 YEfiRS :="=«'
R»5 & 6 ARE MENQRS REF BY*{V
?HEZR MOTHER aAJ$RA*%R.3-;
ALL ARE R/GafiU§§AN_THOTA__W.
MULooR"viLL§GE,{UaUP:'TALUK
7 9éAMiLA N $H3T@f* x
Wf0'B_NARRIANAySHETTY
VKQTTARA5 DEREBAEU VILLAGE
xgMANGALORE,TALUK
,'8,E¢%NSQQR.S/O ABDUL KHADER
'*_'zAM;LA%MANz:L
._" MULO@R'VfLLAGE
'__uDaPI3$ALuK
"' 2 '*' RESPONDENTS
"f u{BY,$R:"s K ACHARYA, A3v., FOR R~l TO R--6; '«,' &:7ie NGTICE DISPENSED WITH) _ 3 -
THIS MER IS EILED 3/S 173(1) GE %V_A£T AGAINST THE JUDGMENT ANB AWARD DATED ?.2,20o3 PASSED IN MVC NO.46/2003 ON THE FILBNOF THE DISTRICT JUDGE & MEMBER, MACT, UDUEEtDISTRICT;, UDUPI, PARTLY ALLOWING THE CLA§M PETITEGN FOR a COMPENSATION. __W_ T813 LAPPEAL. COMING- Gm 539% 'HEA§:§¢? wags DAY, MANJUNAmH.J DEL:VERED*$HE FOLLQWING:E' J u D N ?his appeal i5 by t§é i$surance company challenging the jfidfiméfifijédd §@fird passed by MAST; Uflupi 5a§a§ ?:?}2003 in MVC No.46/2003. '5.E:.xA Tfi£."_respondents _____ are the legal '.fepr§$e¢té:ives of one Hussain Saban who met Withvafi:§fid traffic accident on 3l.?.l998 at afiguf}9Va.m. near Mules; on NH.l? while he was *i§rQCeeding towazds Udupi from his viliage in Vfan auterickshaw' baaring No.KA-20/85$. The accident occurred on account of the rash and 92/ 0* -- 5 --
W0"
§% very near to his village Kaup a§d.hfit%aéu"
also on ventilator and jHé"*di¢d,«wfii1g«Iom treatment on 13.5.1999, after his géatn; mtg- legal representatives camé an recbrd;
3. Eafore age -tribgnarg. the widow of the deceasmfi was{éfiéminaiHas-?fW}1, his two brothers wéréfiéxamrfiaj as §,Ws.2 and 3, one Dr.Sathyanéray§na'fifianeyjwas examined as ?.W.4 and DrLDin@sh_"Kumér "was examined as ?.W.5. The " tribunal; x'c@nSidering the medical eviéefiée,t,came to the conclusion that the "d@¢e$$é§r fiied on account ef the injuries sustaifiéd in the accident. According to the ""3 tribunal, there is nexus between the injuries ttr aha, the cause of sjeath andr congidering tha .K"wificome of the deceasad at Rs.3,000/-- and the expenses incurred for his treatment, 'fix'
-- 6 -- -
Conveyance, nourishment and attendant_chargés}i it has awarded a sumr of Rs.7,§Q}§ODf+i fiat compensation with 6% intereétip;a{: v.i
4. Being aggrieved by,théu5aid*jud§fi3fiti an& award, this app¢éi_ i$¥Vfile$ifpy_Vthé »"
insurance campany.
5. _MrfKriShnaix$wamy, learned counsel for thég3ppéIiéht_éQfiténds that the tribunal has §Ccmmitteq "én "error in holding that the decéastd ifiied on account cf the injuries "$u§tainéd_b§~him in the road traffic accident. RcCbrdifigi°to him, the tribunal did not .i7Dbmn$id€r the avidence let in by the parties i» prGpérly. Alternatively, he contends that the '~cOmpensatiOn awarded on all headg requires interf@remc&. Therefore, he requeats the tv ..7_.
Court to allaw the appeal and set aaifiéjihég fiudgmemt and award of the tribunal.m cl
6. Learned counsel f©r,the zhfifidndemts cclaimants supported the jfi§gment,ahdEa@a:d of the tribunal.
7. Ha$ing_heerd fihéeiéapfied caunsel for the pertieé{gw§Kar§VQf_the opinion that the following twozpcinfig ate ta be considered in this;appeai;q "
ajiea Whethéf the deceased died en ecceect Mm fig fihe injuries Sustained by him in fee; road traffic accident? 2e@~Whether the compensation awardafi by the tribunal is an the higher side?
SK/' -3-
8. It is net in dispute thatfi the deceased eeetained grievous injuriee "ih~ the fix road traffic accident thee occerred"iRee'k 31.7.1998 and he was sfi£rtee_ :§3tK}M;e; hespitai, Manipal. Since they were unable tey pay the hospital chargee in epeeial ease; hei was Shifted to teenerai"7Qa£e_ ea "i::e.1998. During the course of treatmeet, he developed bedsere__ahdg e _iarge _h3le was made in his trachea to assist him for breathing as there was reeurrent"eheet infeetien. In spite of the iibeet Ehreetment at K.M.C. hospital, Manipai, "there were me eighe of improvement and he was dischargédi en 30.12.1998. on account of 4V_ financial problem and on the same day, he wee '>ehi§ted€ to Prashahth Nursing? Home at Kemp, u'*~ehich is near to his village. He was also treated in Praeheeth Nursing Home, but there @/
-11..
argument of Sxi Kriahna Swamy. Except the sum of Rs.23,?80/~ awarded under the hegfifléffioss Qf earnings, we de not gee any erfidt¢ihV£heg compensation awarded by ihe t:ibumaIWcn"6therT heads.
10. In the §§su1£}"£§§¥appe$I'i$ allowed in part. The c©§péné3t:¢n g$fiarded by the tribunfii" gs flgefiuged £¢om Rs.7,9G,500/~ to R5.?;§6,?S0[?§< ?fiftie$ to bear theix costs. bkv