Karnataka High Court
The National Insurance Co. Ltd., vs Sri. Krishnamurthy S/O Gopal Bhat, on 18 April, 2017
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
IN THE HIGH COURT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 18 T H DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUS TICE S.N. SA TYANARAYANA
M.F.A.NO .20447/2011 (MV)
C/W.
M.F.A.NO .20786/2011 (MV)
IN MFA NO.20447/2011
BETWEEN:
THE NA TIONAL INSU RANCE CO. LTD.,
BRANCH OFFICE, 1 S T FLOOR, 1628, KAIKINI
ROAD, KARWAR, NOW REP. BY
MISS RENU KA Y . RANEBENNUR,
ADMINISTRATIVE OFF ICER, NA TIONAL
INSURANCE CO. LTD ., DIVISIONAL OFFICE,
SUJATA COMPLEX, P.B. ROAD, HUBLI
... APPELLANT.
(BY SRI LAXMAN B MANNODDAR, ADVOCA TE.)
AND:
1. SRI. KRISHNAMURTHY S/O GOPAL BHAT,
AGE: 37 YEARS , OCC: DIS TRICT FIELD
MANAGER, LIBRA DRUGS (I) PVT LTD .,
R/O RA VINDRANAGAR, YELLAPUR TOWN
TQ. Y ELLAPUR
2. SRI ASHOK LAXMAN MARATHI,
AGE: 34 YEARS , OCC: DRIVER
R/O UPALESHWAR, TQ . YELLARPUR U.K.
2
3. SRI ASHRAF BHAGAWAN S/O FA KRUDDIN,
R/O. A/A AKBAR GALLI, YELLAPUR.
... RESPONDENTS
(BY SRI ANANT HEGDE, ADVOCA TE, FOR R.1;
R.2 - NO TICE S ERVED;
R.3 - NO TICE DISPENSED WITH .)
THIS MISCELLANEOUS F IRS T APPEAL IS FILED
UNDER SECTION 173(1) OF M.V.ACT, 1988, PRAYING
TO S ET ASIDE THE JUDGMENT AND AWARD DA TED
24.07.2010, PASSED IN M.V.C. NO.87/2008, ON THE
FILE OF THE ADDL. MACT, YELLAPUR, ETC.,.
IN MFA NO.20786/2011
BETWEEN:
KRISHNAMURTHY S/O GOPAL BHAT,
AGE: 37 YEARS , OCC: SERVICE,
R/O RA VINDRA NAGAR,
YELLAPUR, D IS T. NORTH KANARA
... APPELLANT.
(BY SRI HEGDE, NEERALGI & PATIL, ADVOCATES .)
AND:
1. ASHOK S/O LAXMAN MARA THI,
AGE: 34 YEARS , OCC: DRIVER
R/O UPALESHWAR, TQ . YELLAPUR,
DIST. NORTH KANARA
2. ASHRAF BHAGWAN S/O FAKRUDDIN
R/O.AKBAR GALLI, TQ. YELLAPUR,
DIST. NORTH KANARA
3
3. NATIONAL INSURANCE CO. LTD .,
KAIKINI ROAD, KARWAR
DIST. NORTH KANARA
... RESPONDENTS
(BY SRI LAXMAN B. MANNODDAR, ADVOCA TE, FOR R.3;
R.1 AND R.2 - NO TICE S ERVED.)
THIS MISCELLANEOUS F IRS T APPEAL IS FILED
UNDER SECTION 173(1) OF M.V.ACT, 1988, PRAYING
TO MODIFY THE JUDGMENT AND AWARD DATED
24.07.2010, PASSED IN M.V.C. NO.87/2008, ON THE
FILE OF THE ADDL. MACT, YELLAPUR, BY ENHANCING
THE COMPENSA TION, ETC.,.
THESE APPEA LS COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimant and insurer in MVC No.87/2008, on the file of Addl. MACT, Yallapur, have come up in these two appeals.
2. The appeal in MFA No.20447/2011 is by the insurer in challenging the compensation awarded so far as it pertains to loss of future earning which is quantified at Rs.3,14,064/-. Th e appeal in MFA No.20786/2011 is by the claimant 4 seeking enhancement of compensation, more particularly under the head pain and suffering, loss of comforts and amenities of life and also not considering compensation payable under the head plastic surgery in view of blocks and keloids formed on left forearm and to some extent on the shoulder and as well as on the upper left thigh.
3. These two appeals are at the stage of admission. At the request of the learned counsel appearing for the parties, lower Court records are secured and heard on admission at length. On going through the material available on record it is seen that the accident is not in dispute. So also the injuries suffered by the claimant. It is seen that the claimant was working in a pharmaceutical company at the relevant time of accident as a representative.
4. Subsequent to the accident, it is seen that he has raised in his status from 5 representative to area manager and zonal manager in the same company at higher earning bracket thereby clearly indicating that he did not suffer loss of earning. Now what is seen is disfigurement on the body, which has ruined his appearance and calls for immediate attention in the form of plastic surgery which aspect is not considered by the Tribunal. When the same was heard for awarding compensation to him, it is seen that he has produced two documents, one of which is filed along with this appeal would speak of that and another would indicate deficiency in the arm is persisting.
5. In any event those documents are of the year 2010. There is nothing on record to show that the deficiency has either persisted or escalated over a period of time thereby indicating that they are maintained at the same level without causing much difficulty to him. Similarly when 6 this matter was heard on the basis of compensation awarded under each of the head, this Court find that the compensation awarded towards pain and suffering is on lower side. For loss of comforts and amenities is also on lower side and non granting of compensation for plastic surgery are all required to be considered.
6. At the same time while considering the appeal filed by the insurance company, it is seen that the compensation awarded towards permanent disability needs reconsideration in the light of progress in career, achievement in securing higher income. Therefore this Court after hearing both the parties feel that to achieve balance between the grounds urged in both appeals, the measure would be in not reassessing the compensation individually against each head instead to consider comprehensive compensation that would be just and proper. In the instant case 7 the same is quantified at Rs.3,50,000/- as against the compensation awarded by the Tribunal which would meet the ends of justice which is agreeable to both the lawyers as they feel it is just and proper in the fact situation.
7. Accordingly by allowing both the appeals in part, this Court feel that the compensation awarded to the claimant under the head loss of amenities of life and compensation towards pain and suffering and compensation for plastic surgery is included in enhanced compensation under other heads. While doing so, will take away the compensation awarded towards permanent disability which is satisfied by the insurer appellant in MFA No.20447/2011. Accordingly both the appeals are allowed in part refixing the compensation at Rs.3,50,000/- payable with interest at 6% p.a. from the date of 8 petition till the date of deposit of entire amount. Accordingly these appeals are disposed of.
8. In view of both the appeals are allowed in part, the amount which is deposited by the insurance company in MFA No.20447/2011 is ordered to be transferred to the Tribunal for disbursement to the claimant.
Sd/-
JUDGE Mrk/-