Karnataka High Court
Sri Subash S/O Chandramappa vs The New India Assurance Co Ltd on 22 March, 2010
Bench: N.K.Patil, H.S.Kempanna
IN THE men coum' or KARNATAKA AT BANGALORE DATED THIS THE 22ND DAY OF MARCH, 20 : PRESENT : ' A A' THE !iON'BLE MR. JUsT1c;s:..N,.;;. PATI2; "5: '- AND : I. \ ., - M THE HON'BLE MR. M.F.A.No. 5506 QFxZ_QO'5_(MV)' M.F.A.NO.584.»8 (Moos M.F.A.NO.5506 Q_j.2"-05 BETWEEN: ' V . S1'i.;'Siib#.a"sh, " e S/'o.Cha.ndr':::n';appa,.._ -. _ Aged' about 41;. yea1's,"=._ " __ Residing at Yanag'un"ci--a Village, Madri Past; Jeewarg1='.,l?aluk, Eiuibarga 1"-District. ' . ' ..... Appellant Vr,[B_'}7.VS1'~i.. S.K.Shantha and Sri.K.J.Arun Kumar, Advaeaie~sa) j V - V e ' AN[A)':*-«._ j Tneéifew India Assurance Co.Ltd., V. ' Represented by its Manager, ' No.1, Shankar House, Mekhri Circle, R.M.V.EXtension, Bangalore ~«~ 560 080. / an X 1' /1 5/ Nagendra, N.S. S / 0. Seetharam, Major, No.66, 2*" Main Road, 31" Stage, 3"' Block, Basaveshwara Nagar, Bangalore ~«« 560 079. S.Shiva Kumar, S/o.Siddaiah. Aged about 31 years. No.252, 9*" Main Road, Vijayanagar, Bangalore - 560 040.... " » . . " _' » I ;. Respondents
(By Sn'. G.Narayana _Rao, Advocate V. _l for R¥v1l;l l lg .. Gflropalakrishna, Advocate for R-3; ' ' Notice to R-2 dispensed width :2/o dated"},2;--2w;'2009) This l.M§'"A._{s ;'l'iTi:l.ed U/S 1'7'31(.1,)»l)f MV Act against the 3 'M.;«*.A}a_ i§:o..-5843 or«9d2o'0'5' By Manager, N011, 'Shankar House, 'A .«l\/Iekhri Circle, , _ RVIV E3Xter1si.on.
"Bangalore -- 560 080.
24/ Represented by it 5 Judgment andl"'Award. dater_l:26/03/2005 passed In MVC No.804/2:000 on 'the-»,,fi1e the 'Add1. Judge 8: Member MACT--V, Court of Causes, Bangalore City (SCCH--5), partly a1lo\>vln.gllthe' _c:1ai::{1:1,1:}.etitior1 for compensation and seeking enhancement of Conipensation. l ' .ffhe Nefivlfndia Assurance Co.Ltd.. Divisional Manager, New India Assurance Co.Ltd., Divisional Office -8, No.47,, 2"' floor, Gopal Complex, Bazar Street, Yeshwanthapur, Bangalore.
{By Sri. Vishwanath S.Shettar,.AdVocate)V_ AND:
1. Subash, S / o.Chandrappa, _ Aged about 41 years...
R/o.Yanagunda_Vi1§._age,A " é . .
Madriposfi it JeewargiTa..1__iil:v;7:72 _ __ _ Gulbarga Eiisltrictl; '
2. M1:;l.Nagen'd1fa.N;lS., .4 S / o, Seethararfi-i it Age:*Ma}or,' , C' _ No.66; 42¢' Main Road
11. Main, C3"? Stage, ..:-35rd Block, ~ , V . '- .e.BasAavVeswaranagaf, '- .. Bang'alore'~--.-- 560 079. CV .....ReS130ndents {By £3r£iD.L.,SCii'r_.esh, Advocate for C /R1; A . Noticeto R-2" dispensed with V/0 dated 17.3.2009) _ V 'A MFA is filed U/S 173(1) of MV Act against the V' "eliidgrnent and Award dated:26/03/2005 passed In MVC __ n~No.._8'(")4A/2000 on the file of the Member MACT--V, Addl.Judge, "Court of Small Causes, Bangalore City {SCCH--5), awarding
--. "compensation of Rs.2,73,595/-- with interest @ 6% pa. 5 seeking compensation of a sum of Rs.12.00 lakhs against the Insurance Company, the owner driver of the offending vehicle. The said clainitl-.1:ieti:ti"t)n . had come up for consideration before.éthedllribiinal' 26th March 2005. The Tribunal, ;after_le'onsi~dering; relevant material available on andlhyafter appreieiation of the oral and documentary ev'ide.ri'eeV,"-»ailoi2sred'thei claim petition in part, awarding - with interest at 6% iof petition till the date oi'; dissatisfied with the quantuni by the Tribunal, the C1aimantx7is'- in ' this Court, seeking enhancement cornpe-nszation, on the other hand, the lllnsturancfi Ciornpanlgtmhas come up in appeal seeking hleorripensation, on the ground that the V l' _Comp'ensation' awarded towards loss of future income is H " ' ~~iir;.§u stifiable.
%a../ ;'
4. We have heard learned counsel for claimant and learned counsel for Insurance Company._:"~fo1=. considerable length of time.
5. Learned counsel appearing ff_:)'1' aiv:ther:;_rl outset submitted that, the 'co'mupensation_ flbyl Tribunal under all the heads is..iri'adeq_uate needs to be enhanced, by modifyiiiéejudgment and award passed .'l'1'ibuI;1:al: "
6. this'; Voounsel appearing for Insuranvce that, the Tribunal has cornmittedV"i.al .grave'i.err_uor in awarding a sum of ~ towardsv loss of future income, when in V.faetl," thezclaiinant is continued in service as 'Conductor' in.'BN1TC..l 'lilfherlefore, he submitted that the impugned "3;udg1ne~nrt"and award needs to be modifieii. it After consideration of the submission of the ulearned counsel for the parties and after perusafi of the %/i i judgment and award passed by Tribunal including the original records placed before us, the points that for our consideration are:
" 1] Whether justified in awarding '-,co=m.rpensatio'n. towards loss of future.-ti:-1___com'é.'_?_""
II] Whether cqmgsénsatiora awarded towards _"oth:e:f ."h_eads its justifiable?" it L "
The occurrence 'of .accident resttltant injuries sustained by_C1s:.r;eant a3:e"'n_ot.iifi. dispute. Re-P9;§;1i1'i: x1: pointed out by learned counsel iiioirinsurer, the Tribunal has grossly erred in avv~iard_ir1g'Compensation towards loss of future income.
-- resi,11ting"--in serious miscarriage of justice, when in fact, the C1-airriantnhas been continued in the services of the '-«d«'Co'rp»oi9atior1 as 'Conductor'. if the claimant is continued 'din service, then, the qu tion of awarding compensation / towards loss of future income does not arise. Therefore, taking this aspect into consideration, without going» further merits and demerits of the case, we * aside the compensation of Rs.1,86';'5«25/ Tribunal towards loss of future A' it Re-Point 2: In View of thef"in5.u'ri,e's.gustained'fin the accident, as stated ahaotve, has taken treatment for Hospital and the Doctor 'th,eV'é"inj'uries 1 and 2 are simple nature. The Doctor has assessed at 35% in respect of right upper ,1imx.b 'I39/o ."infvrespect of whole body. The agedwonly 36 years, at the time of xtjoitpuil on the remaining part of his life _w1'th 'this,.p_disa'bi1ity. Therefore, taking into consideration ..these"aspeCtS, we deem it fit and proper to award a of Rs.5,000/~towards tnedicai expenses, T -«wconveyance, nourishing food and attendant charges as // 10 against Rs.3,000/-- and a sum of Rs.30,000/-- towards loss of amenities, unhappiness, and diseomfortsfaps against Rs.22,500/-- awarded by Tribunai. However, the Tribunal is ;j'tistifi«e_d"--.' compensation of Rs. 16,570/: t0VVhELrC'1SV_A.1OSS.p'V_fJ.f"
during treatment period and"'£a'*~.surI.1 -- towards pain and suffefings. it doeishot call for interference.
the case, as the appeai filed by claimant is disposed o'f,4__4awaVi*dihg eoinpensation of Rs.96,570/- as and the appeal flied by the V"--_VI11:SvV1;i1TeI'..iSaa3\It3W€d in part, reducing the compensation / -- to Rs.96, 570/ -- (total reduction Tpioeingd Rs;.:.1,.7x7,025/--), with interest at 6% per annum A the date of petition til} the date of reaiization. 1] The impugned judgment and award dated 26""
March 2005 passed in MVC No.804~/2000 on the'fii'e._.CofVV the Member, Motor Accident Claims Additional Judge, Court of nu City stands modified accordinglyrkp follows:
Towards Pain and sufferings 'v"Rs. 1i5','00€i/- Towards Loss of anzeiiities ' account of permanent disabi}.ity' 30,000/- future erljoymentvof life.-W . = ' " ' Towards Medtipciai aé:pent5es;~tRg; ; C o5,ooo/- conveyance, .--»r1ouf_ishing __ food and , attendant charéiéfi ' "
Towards .. ndfi it RS. 15,570/-
treatment period t ed Rs. 96.57o/-
The in-sVuranceVCVorn:_pany is directed to deposit the ._com,"pens_ation awarded by this Court with interest annum, Within four Weeks from the daterof receiptdtiof copy of the judgment and award.
"i"he':. manner of disbursement of compensation be proportionately reduced to the extent of "reduction of compensation by this Court. %V I E2 On such deposit by the Insurance Company, ___the same shall be released in favour of the c1aira1an{;--,V' immediately.
The statutory amount depQ~sited.'by: V' shall be transmitted to the forthwfiih.
Office to draw award, acC6re1ij3§1'3r,_ ea/-
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