Karnataka High Court
Sri K R Jayaramu vs United India Insurance Company Ltd on 2 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:4775
MFA No. 7624 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 7624 OF 2022 (MV-I)
BETWEEN:
SRI K.R.JAYARAMU
S/O.K.R.RAMAKRISHNA
AGED ABOUT 58 YEARS
R/AT NO.77
HASTHINAPUR LAYOUT
KESHWAPURA, HUBLI
DHARWAD DISTRICT-580 023
ALSO R/AT
C/O.SRIKANTH M.
SAPTHAGIRI NILAYA, 4TH CROSS
HANUMANTHAPURA
TUMAKURU CITY-572 103
...APPELLANT
(BY SRI V.B.SIDDARAMAIAH, ADVOCATE)
AND:
Digitally
signed by B 1. UNITED INDIA INSURANCE
LAVANYA COMPANY LTD.,
BRANCH OFFICE, 1ST FLOOR
Location: RAJA COMPLEX
HIGH
DR.AMBEDKAR ROAD
COURT OF
SIRA TOWN, SIRA
KARNATAKA
TUMAKURU DISTRICT-572 137
REP.BY ITS BRANCH MANAGER
2. SRI RAJENDRA T.L.
S/O.LATE LAKSHAMANA T.R.
AGED ABOUT 43 YEARS
R/AT DHANALAKSHMI NILAYA
-2-
NC: 2024:KHC:4775
MFA No. 7624 of 2022
1ST MAIN, ADARSHA NAGARA
TUMAKURU CITY-572 102
...RESPONDENTS
(BY SRI MOHAN KUMAR T., ADVOCATE FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH V.O.D.17.01.2024)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 22.03.2022 PASSED IN MVC
NO.121/2019 BY III ADDITIONAL SENIOR CIVIL JUDGE AND
MACT, TUMAKURU AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant challenging the judgment and award dated 22.03.2022 passed in MVC.No.121/2019 by the Court of III Additional Senior Civil Judge and MACT, Tumakuru (for short 'the tribunal'). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal.
2. Parties to the appeal shall be referred to as per their status before the tribunal.
3. Brief facts of the case is as under: -3-
NC: 2024:KHC:4775 MFA No. 7624 of 2022 On 18.06.2018, the claimant was proceeding along with a pillion rider on a motor cycle bearing registration No.KA-06-EY-8693, near Town Hall Circle, in front of THS building, during that time, a lorry bearing registration No.KA-06-D-1343 driven by driver in a rash and negligent manner came from rear side and dashed against the motor cycle of the claimant. Due to the impact of the accident, the claimant and the pillion rider sustained injuries and fell down. They were immediately shifted to MC Orthopaedic Arthroscopy and Joint Replacement Center, Adhokanagar, Tumakuru, wherein he took treatment as an inpatient for two days. After discharge from the hospital, he took treatment as an outpatient and incurred Rs.50,000/- for medical and other incidental expenses and sustained physical disability.
3.1 It is stated that he was aged 55 years and working as a Senior Section Engineer in Railway Department and earning Rs.1,10,000/-. Due to the injuries -4- NC: 2024:KHC:4775 MFA No. 7624 of 2022 sustained and financial expenditure met, he filed a claim petition.
3.2 On service of notice, the respondents appeared through their counsel and filed their written statement denying the averments made by the claimant in the claim petition including age, avocation, income and negligence attributed against the driver of the offending vehicle and sought for dismissal of the claim petition.
3.3 On the basis of pleadings, the tribunal framed relevant issues for consideration.
3.4 In order to substantiate the issue and to establish the case, the claimant got examined himself as PW.2 and the Doctor as PW.3 and got marked documents as Exs.P17 to P28, P31 and P32. On the other hand, the respondents neither examined any witness nor got marked any documents.
3.5 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of -5- NC: 2024:KHC:4775 MFA No. 7624 of 2022 Rs.26,521/- with interest @ 6% p.a. from the date of petition till its realization and directed the Insurance Company to pay the compensation.
3.6 Being aggrieved by the meager compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation.
4. It is the vehement contention of learned counsel for appellant-claimant that the tribunal awarded meager compensation under the heads including the income of the claimant. Hence, he seeks to enhance the compensation.
5. Per contra, learned counsel for respondent-
Insurance Company vehemently contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks for dismissal of the appeal.
6. I have heard learned counsel for appellant- claimant and respondent-Insurance Company and perused the impugned judgment and award.
-6-
NC: 2024:KHC:4775 MFA No. 7624 of 2022
7. On perusal of exhibits, it is apparently clear that the accident occurred due to the negligence of the driver of the offending vehicle, which is depicted in Exs.P1 to P8, which are the Police records and the medical records are produced to show the injuries sustained and the medical expenses met by the claimant. In the present case, the disability has not been explained by adducing evidence of the Doctor and no certificate to that effect is produced.
8. The short point that arise for consideration in this case would be -
"What is the extent of compensation that requires to be awarded towards pain and suffering, loss of amenities and medical expenses?"
9. In view of there being no disability as the Doctor has not been examined to express any disability to the whole body or any particular limb, the question of granting compensation towards loss of future earning capacity does not arise. It is also borne by evidence and records placed before the tribunal that the claimant has continued to -7- NC: 2024:KHC:4775 MFA No. 7624 of 2022 work in the same Organisation and there is no reduction in his salary.
10. The tribunal awarded Rs.6,521/- towards medical expenses, which is based on the actual bills produced by the claimant. The same does not call for interference and is retained.
11. The tribunal awarded Rs.20,000/- towards pain and suffering. However, this Court deems it appropriate to award additional amount of Rs.30,000/-. In all, Rs.50,000/- is awarded under this head.
12. In view of the tribunal not awarding any compensation towards loss of amenities and food, nourishment, conveyance and transportation, this Court deems it appropriate to award Rs.25,000/- towards loss of amenities and Rs.20,000/- towards food, nourishment, conveyance and transportation, as the claimant has taken Ayurvedic treatment in a conservative method. -8-
NC: 2024:KHC:4775 MFA No. 7624 of 2022
13. In view of the above, the claimant would be entitled to a total compensation of Rs.1,01,521/- as against Rs.26,521/- as mentioned in the table below:
Heads Amount in Rs.
Pain and suffering 50,000-00
Medical expenses 6,521-00
Loss of amenities 25,000-00
Food, nourishment, conveyance and 20,000-00
transportation
TOTAL 1,01,521-00
14. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 22.03.2022 passed in MVC.No.121/2019 by the Court of III Additional Senior Civil Judge and MACT, Tumakuru, is modified;
iii) The claimant is entitled to a total compensation of Rs.1,01,521/- as against Rs.26,521/- awarded by the tribunal;
iv) The enhanced compensation amount shall be
paid with interest @ 6% p.a. by the
respondent-Insurance Company within a period of four weeks from the date of receipt of a copy of this order;-9-
NC: 2024:KHC:4775 MFA No. 7624 of 2022
v) The compensation amount shall be released in favour of the appellant-claimant upon proper verification;
vi) All other terms and conditions stipulated by the tribunal shall stand intact.
Sd/-
JUDGE LB