Karnataka High Court
The Manager vs H Nagaraja on 19 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 3666 OF 2019
C/W
MISCELLANEOUS FIRST APPEAL NO. 2172 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 2173 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 2177 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 1177 OF 2020
MISCELLANEOUS FIRST APPEAL NO. 3896 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 3897 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 3899 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 3903 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 3905 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 3907 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 1072 OF 2022
Digitally signed (MV-I)
by KIRAN
KUMAR R
Location: HIGH
COURT OF IN MFA No. 3666/2019:
KARNATAKA
BETWEEN:
1. SMT SHAHIN T,
W/O FAIRAOZ T,
AGED ABOUT 30 YEARS,
R/AT NO.55/2, 6TH CROSS,
2ND MAIN, RANGANATHAPURA
KAMAKSHIPALAY, BENGALURU-560 079.
...APPELLANT
(BY SRI. GIRIMALLAIAH., ADVOCATE)
-2-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
AND:
1. THE NEW INDIA ASSURANCE COMPANY LTD
T P HUB NO.9/2, 2ND FLOOR,
MAHALAKSHMI CHAMBERS
M G ROAD, BENGALURU-560 001.
2. SRI S MAHADEVAN
S/O SUNDARAM
(AGE NOT KNOWN TO APPELANT)
NO.8/24 NETHIMEDU
MUNIAPPAN KOVIL STREET
SELEM TLAUK & DISTRICT
TAMIL NADU-636 002.
3. M/S SRE TRAVELS
REP. BY ITS OWNER
SMT B S PUSHPALATHA
OFFICE AT HEAD POST OFFICE ROAD,
CHTIRADURGA, KARNATAKA-577501.
4. M/S IFFCO TOKIO GENERAL
INSRUANCE CO., LTD.,
REGISTRED HEAD OFFICE AT
141, 4TH FLOOR, SRI SHANTHI TOWERS
3RD MAIN, EAST OF NGEF LAYOUT,
KASTURINAGAR, BENGALURU-560 043.
...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-1;
VIDE ORDER DATED:20.04.2022, NOTICE TO R-2 & R-3
IS DISPENSED WITH;
SRI.B.PRADEEP., ADVOCATE FOR R-4)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:26.10.2018
PASSED IN MVC NO.3978/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU
(SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-3-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
IN MFA NO. 2172/2019:
BETWEEN:
1. THE MANAGER
IFFCO TOKIO GIC LTD.,
CUSTOMER SERVICE CENTER
SRI SHANTHI TOWERS, 4TH FLOOR
3RD MAIN, NGEF LAYOUT,
KASTHURINAGAR, BENGALURU-43.
...APPELLANT
(BY SRI. B. PRADEEP., ADVOCATE)
AND:
1. SHAHIN T
AGED ABOUT 30 YEARS,
W/O FAIROZ T
R/AT NO.55/2, 6TH CROSS
2ND MAIN, RANGANATHAPURA
KAMAKSHIPALYA, BENGALURU-560079.
2. THE NEW INDIA ASSURANCE CO. LTD.,
T P HUB NO.9/2, 2ND FLOOR
MAHALAKSHMI CHAMBERS
M.G. ROAD, BENGALURU-560 001.
BY ITS MANAGER.
3. S MAHADEVAN , MAJOR
S/O SUNDARAM,
NO.8/24 NETHIMEDU
MUNIAPPAN KOVIL STREET
SALEM TALUK & DISTRICT
TAMIL NADU-636002.
(EXPARTE)
4. M/S SRE TRAVELS
OFFICE AT HEAD POST OFFICE ROAD,
CHITRADURGA-577501
-4-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
BY ITS OWNER,
B.S.PUSHPALATHA
...RESPONDENTS
(BY SRI. GIRIMALLAIAH., ADVOCATE FOR R-1;
SRI. A .RAVISHANKAR., ADVOCATE FOR R-2;
VIDE ORDER DATED:18.07.2022, NOTICE TO R-3 IS
DISPENSED WITH;
R-4 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:26.10.2018
PASSED IN MVC NO.3978/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.2,39,603/-
WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
IN MFA NO. 2173/2019:
BETWEEN:
1. THE BRANCH MANAGER
IFFCO-TOKIO GIC LTD.,
DOOR NO.7/432, K B EXTENSION
LAWYER ROAD, DAVANAGERE-577002
NOW REP BY THE MANAGER
IFFCO-TOKIO GIC LTD
CUSTOMER SERVICE CENTER
SRI SHANTHI TOWERS, 4TH FLOOR
3RD MAIN NGEF LAYOUT,
KASTHURINAGAR, BENGALURU-43
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. MAZHAR ALI KHAN MECCI
S/O ABDUL WAHID KHAN MECCI.,
AGED ABOUT 51 YEARS,
R/AT NO.4, L N 4TH STREET,
ASHOKNAGAR, BENGALURU-560025.
-5-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
2. S MAHADEVAN
MAJOR, S/IO SUNDARAM
NO.8/24, NETHIMEDU
MUNIAPPAN KOVIL STREET,
SALEM TALUK & DISTRICT
TAMIL NADU & DISTRICT
TAMIL NADU-636002
(EXPARTE)
3. THE NEW INDIA ASSURANCE CO LTD.,
JALAGANDAPURAM-722101
S NO. 238/4 NAGAPPAN COMPLEX,
EDAPPADI DIVERSION ROAD,
JALAKANANDAPURAM METTUR TALUK TN-636501
HAVING REGIONAL OFFICE AT:
2-B UNITY BUILDING ANNEXE,
P KALINGA RAO ROAD
BENGALURU-560027
BY ITS OWNER B.S.PUSHPALATHA.
4. M/S SRE TRAVELS
OFFICE AT HEAD POST OFFICE ROAD
CHITRADURGA-577501
...RESPONDENTS
(BY SRI. MOHAMMED ARIF KHAN MAKKI, ADVOCATE FOR R-1;
VIDE ORDER DATED:23.10.2024, NOTICE TO R-2 IS
DISPENSED WITH;
SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
R-4 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:29/10/2018,
PASSED IN MVC NO.7108/2016, ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.2,13,780/-
WITH INTEREST AT 9% P.A., FROM THE DATE OF PETITION
TILL REALIZATION.
-6-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
IN MFA NO. 2177/2019:
BETWEEN:
1. THE MANAGER
IFFCO-TOKIO GIC LTD,
CUSTOMER SERVICE CENTER,
SRI. SHANTHI TOWERS,
4TH FLOOR, 3RD MAIN, NGEF LAYOUT,
KASTHURINAGAR, BENGALURU 43
...APPELLANT
(BY SRI. B. PRADEEP., ADVOCATE)
AND:
1. DR. HANUMESH M D
S/O. DODDANNA,
NO. 121, 10TH-D-CROSS,
7TH MAIN , NAGAPURA,
BANGALORE NORTH TALUK,
MAHALAKSHMIPURA LAYOUT,
BENGALURU.
2. S. MAHADEVAN
MAJOR, S/O. SUNDARAM,
NO. 8/24, NETHIMEDU,
MUNIAPPAN KOVIL STREET,
SALEM TALUK AND DISTSRICT,
TAMIL NADU 636002.
(EXPARTE)
3. THE NEW INDIAN ASSURANCE CO LTD
T P HUB, NO. 9/2, 2ND FLOOR,
MAHALAKSHMI CHAMBERS,
MG ROAD, BENGALURU 560001.
4. M/S. SRE TRAVELS,
OFFICE AT HEAD POST OFFICE ROAD,
CHITRADURGA 577 501
...RESPONDENTS
(BY SRI. B.BOPANNA., ADVOCATE FOR R-1;
-7-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
SMT.LATA PRASAD., ADVOCATE FOR R-2;
SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
R-4 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:29.10.2018
PASSED IN MVC NO.3448/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.1,44,680/-
WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
IN MFA NO. 1177/2020:
BETWEEN:
1. DR HANUMESH M D
D/O DODDANNA
AGED ABOUT 34 YEARS,
R/AT NO.121, 10TH D CROSS,
7TH MAIN, NAGAPURA
BANGALORE NORTH TALUK
MAHALAKSHMIPURAM LAYOUT
BANGALORE-560086
...APPELLANT
(BY SRI. SATHEESH H K., ADVOCATE)
AND:
1. MAHADEVAN S
S/O SUDNARAM
NO.8/24, MUNIYAPPANA KOVIL STREET
NETHIMEDU SALEM, TAMIL NADU.
2. TE MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
NO.92, 2ND FLOOR,
MAHALAKSHMI CHAMBERS,
M G ROAD, BENGALURU-560001.
3. M/S SRE TRAVELS
-8-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
REPTD BY ITS OWNER
SMT PUSHPALATHA
OFFICE AT HEAD POST OFFICE ROAD
CHITRADURGA, KARNATAKA-577501.
4. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD.,
REPTD BY ITS MANAGER,
REGISTERED OFFICE AT 141
4TH FLOOR, SRI SHANTHI TOWERS
3RD MAIN, EAST OF NGEF LAYOUT
KASTURINAGAR, BENGALURU-560043
...RESPONDENTS
(VIDE ORDER DATED:23.10.2024, NOTICE TO R-1 IS
DISPENSED WITH;
SRI. A.RAVISHANKAR., ADVOCATE FOR R-2;
R-3 IS SERVED AND UNREPRESENTED;
SRI. B.PRADEEP., ADVOCATE FOR R-4)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 29.10.2018
PASSED IN MVC NO. 3448/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 3896/2021:
BETWEEN:
1. THE MANAGER
IFFCO TOKIO GIC LTD
CUSTOMER SERVICE CENTER
SRI SHANTHI TOWERS, 5TH FLOOR
3RD MAIN, NGEF LAYOUT, KASTHURINAGAR
BENGALURU-43.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. VEERESHA A
-9-
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
S/O HALESHAPPA A
AGED ABOUT 32 YEARS,
R/AT UJJAINI, KUDLIGE TALUK
BELLARY-583136.
2. MAHADEVAN S
S/O SUNDARAM
NO.8/24 KMUNIAPPAN
KOVIL STREET NETHIMEDU
SALEM TN-636002.
3. THE NEW INDIA ASSURANCE COMPANY LTD.,
JALAGANDHAPURAM (722101),
No.235/4, NAGAPPA COMPLEX,
EDAPPADI, DIVERSION ROAD,
JALAKANDHAPURA, MUTTUR TALUK,
TAMIL NADU 636 201
REPRESENTED BY ITS MANAGER.
4. PUSHPALATHA B S
W/O SRI CHIDANANDA REDDY
AGED ABOUT 29 YEARS,
M/S SRE TRAVELS
PROP SMT B S PUSHPALATHA
HEAD POST OFFICE ROAD,
CHITRADURGA-577501
...RESPONDENTS
(BY SRI. RAJESHA SHETTIGARA., ADVOCATE FOR R-1;
SRI. A. RAVISHANKAR., ADVOCATE FOR R-2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2020
PASSED IN MVC NO. 4120/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL
MACT, BENGALURU, AWARDING COMPENSATION OF RS.
17,88,000/ - WITH INTEREST AT THE RATE OF 6 PERCENT P.A.
ON RS. 16,68,000/- ONLY FROM THE DATE OF PETITION TILL
REALIZATION.
- 10 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
IN MFA NO. 3897/2021:
BETWEEN:
1. THE MANAGER
IFFCO-TOKIO GIC LTD
CUSTOMER SERVICE CENTER
SRI SHANTHI TOWERS, 5TH FLOOR
3RD MAIN, NGEF LAYOUT,
KASTHURINAGAR
BENGALURU 43.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. R SUJAYAMMA
W/O A AADINARAYANA SHETTI
AGED ABOUT 63 YEARS
R/AT KOTAGUDDA VILLAGE AND POST
NIDAGAL HOBLI, PAVAGADA (RURA)
PAVAGADA, TUMKUR 561202.
2. THE NEW INDIA ASSURANCE CO LTD
DO III, MAHALAKSHMI COMPLEX
M G ROAD, BANGALORE 560001.
3. MAHADEVAN S
S/O SUNDARAM
NO. 8/24, MUNIAPPAN
KOVIL STREET NETHIMEDU
SALEM, T N 636002.
4. M/S SRE TRAVELS
PROP. SMT. B S PUSHPALATHA
HEAD POST OFFICE ROAD,
CHITRADURGA 57501
...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-2)
- 11 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.12.2020
PASSED IN MVC NO.6174/2017 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT,
SCCH-11, BENGALURU, AWARDING COMPENSATION OF
RS.2,80,668/- WITH INTEREST AT 9 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION.
IN MFA NO. 3899/2021:
BETWEEN:
1. THE MANAGER
IFFCO TOKIO GIC LTD.,
CUTOMER SERVICE CENTER
SRI SHANTHI TOWERS
5TH FLOOR, 3RD MAIN NGEF LAYOUT
KASTURINAGAR, BENGALURU - 43
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. H NAGARAJA
S/O MOKSHAPATHI
AGED ABOUT 28 YEARS
R/AT NO.28
CHANNABASAWESHWARA NAGAR
UJJAINI, KUDLIGE TALUK
BELLARY 583 136.
2. MAHADEVAN S
S/O SUNDARMA
NO.8/24, MUNIAPPAN
KOVIL STREET NETHIMEDU
SALEM, TN 636002.
3. THE NEW INDIA ASSURANCE CO LTD.,
JALAGANDHAPURAM (722101)
NO. 235/4, NAGAPPA COMPLEX,
EDAPPADI, DIVERSION ROAD,
- 12 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
JALAKANDAPURA, MATTUR TALUK,
TAMIL NADU 636201.
REPRESENTED BY ITS MANAGER.
4. PUSHPALATHA B S
W/O SRI. CHIDANANDA REDDY
AGED ABOUT 29 EYARS
M/S/ SRE TRAVELS
PROP SMT. B.S. PUSHPALATHA
HEAD POST OFFICE ROAD
CHITRADURGA - 575 01
...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
R-1 AND R-4 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2020
PASSED IN MVC NO. 4122/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL
MACT, BENGALURU, AWARDING COMPENSATION OF RS.
10,000/ WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE
OF PETITION TILL REALIZATION.
IN MFA NO. 3903/2021:
BETWEEN:
1. THE MANAGER
IFFCO TOKIO GIC LTD
CUSTOMER SERVICE CENTER
SRI SHANTHI TOWERS 5TH FLOOR
3RD MAIN NGEF LAYOUT
KASTHURINAGAR, BENGALURU-43
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. M SHARANAPPA
S/O M NINGAPPA
AGED ABOUT 27 YEARS,
- 13 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
R/AT UJJAINI, KUDLIGE TALUK
BELLARY-583136.
2. MAHADEVAN S, S/O SUNDARAM
NO.8/24 MUNIAPPAN
KOVIL STREET NETHIMEDU
SALEM TN-636002.
3. THE NEW INDIA ASSURANCE CO LTD.,
JALAGANDHAPURAM (722101)
NO. 235/4, NAGAPPA COMPLEX,
EDAPPADI, DIVERSION ROAD,
JALAKANDAPURA, MATTUR TALUK,
TAMIL NADU 636201.
REPRESENTED BY ITS MANAGER.
4. PUSHPALATHA B S
W/O SRI CHIDANANDA REDDY
AGED ABOUT 29 YEARS,
M/S SRE TRAVELS, PROP SMT B S PUSHPALATHA
HEAD POST OFFICE ROAD
CHITRADURGA-577501
...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
R-1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:25.11.2020
PASSED IN MVC NO.4123/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT,
BENGALURU, AWARDING COMPENSATION OF RS.15,000/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO. 3905/2021:
BETWEEN:
1. THE MANAGER,
IFFCO TOKIO GIC LTD
CUSTOMER SERVICE CENTER,
- 14 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
SRI SHANTHI TOWERS, 5TH FLOOR,
3RD MAIN, NGEF LAYOUT,
KASTHURINAGAR, BENGALURU 43.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. M M SHIVARAJA
S/O M M UJJINAPPA,
AGED ABOUT 24 YEARS,
R/AT UJJAINI, KUDLIGE TALUK,
BELLARY 583136.
2. MAHADEVAN S
S/O SUNDARAM,
NO.8/24, MUNIAPAN KOVIL STREET,
NETHIMEDU, SALEM, TN 636002.
3. THE NEW INDIA ASSURANCE CO LTD.,
JALAGANDHAPURAM (722101)
NO. 235/4, NAGAPPA COMPLEX,
EDAPPADI, DIVERSION ROAD,
JALAKANDAPURA, MATTUR TALUK,
TAMIL NADU 636201.
REPRESENTED BY ITS MANAGER.
4. PUSHPALATHA B S
W/O SRI CHIDANANDA REDDY,
AGED ABOUT 29 YEARS,
M/S SRE TRAVELS,
PROP. SMT. B.S.PUSHPALATHA,
HEAD POST OFFICE ROAD,
CHITRADURGA 57501.
...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-3;
R-1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25.11.2020
PASSED IN MVC NO.4124/2018 ON THE FILE OF THE MEMBER,
- 15 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
PRL. MACT, CHIEF JUDGE, COURT OF SMALL CAUSES,
BENGALURU, AWARDING COMPENSATION OF RS.10,000/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
IN MFA NO. 3907/2021:
BETWEEN:
1. THE MANAGER
IFFCO-TOKIO GIC LTD.,
CUSTOMER SERVICE CENTER,
SRI SHANTHI TOWERS,
5TH FLOOR, 3RD MAIN,
NGEF LAYOUT, KASTHURINAGAR,
BENGALURU-560 043.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SAMIULLA
S/O. LATE BASHASAB,
AGED ABOUT 32 YEARS,
R/AT UJJAINI, KUDLIGE TALUK,
BELLARY-583 136.
NOW R/AT NO. 27, G BLOCK,
MOOKAMBIKA LAYOUT,
LINGARAJAPURAM,
BENGALURU-560 084.
2. MAHADEVAN. S
S/O. SUNDARAM,
NO. 8/24, MUNIAPPAN,
KOVIL STREET, NETHIMEDU,
SALEM, TN-636 002.
3. THE NEW INDIA ASSURANCE CO LTD.,
JALAGANDHAPURAM (722101)
NO. 235/4, NAGAPPA COMPLEX,
- 16 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
EDAPPADI, DIVERSION ROAD,
JALAKANDAPURA, MATTUR TALUK,
TAMIL NADU 636201.
REPRESENTED BY ITS MANAGER.
4. PUSHPALATHA. B. S.
W/O. SRI. CHIDANANDA REDDY,
AGED ABOUT 29 YEARS,
M/S. SRE TRAVELS,
PROP. SMT. B. S. PUSHPALATHA,
HEAD POST OFFICE ROAD,
CHITRADURGA-575 501.
...RESPONDENTS
(BY SRI. RAJESHA SHETTIGARA., ADVOCATE FOR R-1;
SRI. A. RAVISHANKAR., ADVOCATE FOR R-3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2020
PASSED IN MVC NO. 4121/2018 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL
MACT, BENGALURU, AWARDING COMPENSATION OF RS.
8,24,000/ WITH INTEREST AT 6 PERCENT P.A. ON RS.
7,99,000/ ONLY FROM THE DATE OF PETITION TILL
REALIZATION.
IN MFA NO. 1072/2022:
BETWEEN:
1. SMT R SUJAYAMMA
W/O A AADIHNARAYANA SHETTI
AGED ABOUT 63 YEARS
R/A KOTAGUDDA VILLAGE AND POST
NIDAGAL HOBLI PAVAGADA
TUMKUR-561202.
...APPELLANT
(BY SRI. MURALI PAWAR.K., ADVOCATE)
AND:
1. THE NEW INDIA ASSURANCE CO LTD
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NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
D O III, MAHALAKSHMI COMPLEX
M G ROAD, BENGALURU-560001
REP BY ITS MANAGER.
2. SRI MAHADEVAN S,
S/O SUNDARAM
NO.8/24, MUNIAPPA KOVIL STREET
NETHIMEDU, SALEM
TAMILNADU-636002.
3. M/S SRE TRAVELS
PROP. SMT. B.S.PUSHPALATHA,
OFFICE AT HEAD POST OFFICE ROAD,
CHITRADURGA-57501.
4. IFFCO TOKIO GENERAL INSURANCE CO.LTD.
HEAD OFFICE NO.141, 4TH FLOOR,
SRI. SHANTHI TOWERS,
EAST OF NGEF LAYOUT,
KASTURINAGAR,
BENGALURU-560 043
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. A.RAVISHANKAR., ADVOCATE FOR R-1;
SRI.B.PRADEEP., ADVOCATE FOR R-4;
NOTICE TO F-2 AND R-3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 22.12.2020
PASSED IN MVC NO. 6174/2017 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGLAURU
(SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
ORAL JUDGMENT
1. These appeals arise out of the awards passed by the Tribunal, as detailed below:
Sl. MFA Arising out of awards in Appellant No. No. MVC no.
Award dated 26.10.2018 passed in MVC No.3978/2016 on the file of the I Additional Small Causes Judge, MACT, Bengaluru 3666 of Shahin T. (SCCH-11), awarding 1 2019 W/o. Fairaoz T. compensation of Rs.2,39,603/-
with interest at 9% p.a. from the date of petition till realization.
2172 of
2 IFFCO TOKIO GIC LTD --ditto-- 2019
Award dated 29.10.2018 passed in MVC No.3448/2016 on the file of the I Additional Small 1177 of Dr. Hanumesh M. D. Causes Judge & MACT, 3 2020 s/o. Doddanna Bengaluru (SCCH-11), awarding compensation of Rs.1,44,680/- with interest at 9% p.a. 2177 of 4 IFFCO-TOKIO GIC LTD. --ditto-- 2019
Award dated 22.12.2020 passed in MVC No.6174/2017 on the file of the I Additional Small 1072 of R.Sujayamma W/o Causes Judge and MACT, SCCH-
5 2022 A.Aadihnarayana Shetti
11, Bengaluru, awarding
compensation of Rs.2,80,668/- with interest at 9 percent p.a. 3897 of IFFCO-TOKIO GIC LTD.
6 2021 --ditto--
Award dated 29/10/2018,
2173 of
7 IFFCO-TOKIO GIC LTD. passed in MVC No.7108/2016,
2019
on the file of the I Additional
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS Small Causes Judge & MACT, Bengaluru (SCCH-11), awarding compensation of Rs.2,13,780/- with interest at 9% p.a. Award dated 25.11.2020 passed in MVC No.4120/2018 on the file of the Chief Judge, Court of Small Causes, Member, 3896 of Principal MACT, Bengaluru, 8 IFFCO-TOKIO GIC LTD.
2021 awarding compensation of Rs.17,88,000/ - with interest at the rate of 6% p.a. on Rs.16,68,000/- only.
Award dated 25.11.2020 passed in MVC No.4122/2018 on the file of the Chief Judge, Court of 3899 of Small Causes, Member, IFFCO-TOKIO GIC LTD.
9 2021 Principal MACT, Bengaluru,
awarding compensation of
Rs.10,000/ with interest at 6% p.a. Award dt.25.11.2020 passed in MVC No.4123/2018 on the file of the Chief Judge, Court of 3903 of IFFCO-TOKIO GIC LTD. Small Causes and Member, Prl. 10 2021 MACT, Bengaluru, awarding compensation of Rs.15,000/-
with interest at 6% p.a. Award dated 25.11.2020 passed in MVC No.4124/2018 on the file of the Member, Prl. MACT, 3905 of IFFCO-TOKIO GIC LTD. Chief Judge, Court of Small 11 2021 Causes, Bengaluru, awarding compensation of Rs.10,000/-
with interest at 6% p.a. Award dated 25.11.2020 passed in MVC No.4121/2018 on the file of the Chief Judge, Court of 3907 of Small Causes and Member, IFFCO-TOKIO GIC LTD.
12 2021 Principal MACT, Bengaluru,
awarding compensation of
Rs.8,24,000/ with interest at 6% p.a.
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS
2. An accident occurred on 12.04.2016 between the bus insured by the appellant in these appeals i.e., Iffco- Tokio GIC Limited and a lorry insured by the New India Assurance Company Limited. As a result of the accident, several inmates in the bus suffered injuries and there were also three deaths, which included the drivers of both the vehicles in question.
3. The insurer of the bus is in appeal contending that the Tribunal has committed a serious error in making the driver of the bus also liable for the accident and consequently, making the appellant--insurer liable to the extent of 50%.
4. The insurer of the lorry has accepted the award and thereby the attribution of 50% negligence on the driver of the lorry.
5. The evidence on record indicates that the collision occurred when a heavy goods vehicle, viz., a 12
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS wheeler lorry was taking a U-turn and was hit by the bus. It is not in dispute that it was permissible for the lorry to take a U-turn at the spot where the accident occurred.
6. It will have to be noticed here that a 12-wheeler lorry cannot obviously take a sudden U-turn and taking of the U-turn would necessarily mean that the said lorry was travelling at a very slow speed.
7. The driver of the bus, sitting at a vantage point, would obviously have a clear vision of the road and would have obviously noticed an on-coming lorry trying to take a U-turn at the middle of the highway. It is therefore clear that the driver of the bus could have avoided the accident by reducing the speed and stopping the bus.
8. The Tribunal, in light of this evidence, was justified in coming to the conclusion that the both the driver of the
- 22 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS bus as well as the driver of the lorry were responsible for the accident in equal proportions.
9. Therefore, there is no ground in the appeals filed by the appellant--insurer (Iffco-Tokio GIC Limited) of the bus. Consequently, the appeals are dismissed.
10. As far as the compensation is concerned, the appeals are dealt with separately as under:
In MFA No.3666 of 2019 & 2172 of 2019:
(MVC: 3978/2016 - Injury to Smt.Shahin)
11. The Tribunal on assessment of the evidence has awarded the following sums as compensation to the claimant for the injuries sustained by her:
Compensation Sl. awarded by the Nature of Heads No. Tribunal (In Rs.)
1. Pain, shock and agony 40,000/-
2. Medical expenses 47,363/-
Food, Conveyance, nourishment, 10,000/-
3.
attendant charges Loss of income during the laid 8,000/-
4. up period
5. Loss of earning capacity 1,14,240/-
6. Loss of amenities in life 20,000/-
Total 2,39,603/-
- 23 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
12. While awarding the compensation, the Tribunal has assessed the disability of the claimant at 7% to the whole body. The evidence on record indicates that the claimant has suffered a fracture to both bones: distal third of right forearm and also to the both bones of the right leg middle third, and fracture of left proximal tibia. The doctor who was examined stated that the claimant had suffered whole body disability to the extent of 28%.
13. In my view, in light of the fact that the claimant had suffered fractures to both bones of right forearm and right leg, it would be just and appropriate to treat the whole body disability suffered by the claimant at 20%.
14. The Tribunal has determined the monthly income of the claimant notionally at Rs.8,000/- since there was no credible documentary evidence to ascertain the actual monthly income. It would be appropriate and
- 24 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-.
15. Since the claimant has suffered 20% whole body disability and as the claimant was aged 27 years, 40% of the said income (Rs.3,800/-) would have to be added towards future prospects as per Pranay Sethi1. The net income would be Rs.13,300/-.
16. As the claimant was aged 27 years, a multiplier of '17' would have to be applied.
17. Consequently, the claimant would be entitled to a sum of Rs.5,42,640/- (Rs.13,300/- x 12 x '17' x 20%) towards 'loss of future income'.
18. Having regard to the injuries suffered by the claimant, she would be entitled to a sum of Rs.60,000/- 1 National Insurance Company Limited vs. Pranay Sethi and Others - (2017) 16 SCC 680
- 25 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal.
19. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'loss of amenities', as against the sum of Rs.20,000/- awarded by the Tribunal.
20. Having regard to the length of the stay of the claimant in the hospital (29 days), the claimant would also be entitled to 'conveyance, food and nourishment and attendant charges' at Rs.30,000/- as against the sum of Rs.10,000/- awarded by the Tribunal.
21. The Tribunal has taken the laid up period as one month and has awarded a sum of Rs.8,000/- towards loss of income during the laid-up period. Having regard to the nature of injuries suffered and the treatment period, it would be just and appropriate to
- 26 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS take the laid up period as four months and consequent upon re-assessment of monthly income at Rs.9,500/- by this Court, the compensation under 'loss of income during the laid up period' would stand enhanced to Rs.38,000/- (Rs.9,500/- X 4 months).
22. The sum of Rs.47,363/- awarded towards medical expenses by the Tribunal, being based on documentary evidence, does not call for modification and is hence confirmed.
23. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As As Sl. awarded Nature of Heads awarded by No. by the this Court Tribunal (In Rs.) (In Rs.)
1. Pain, shock and agony 40,000/- 60,000/-
2. Medical expenses 47,363/- 47,363/-
Food, Conveyance, 10,000/- 30,000/-
3. nourishment, attendant charges Loss of income during the 8,000/- 38,000/-
4. laid up period
5. Loss of future income 1,14,240/- 5,42,640/-
- 27 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
As
As
Sl. awarded
Nature of Heads awarded by
No. by the
this Court
Tribunal (In Rs.)
(In Rs.)
6. Loss of amenities in life 20,000/- 40,000/-
Total 2,39,603/- 7,58,003/-
24. Thus, the claimant is held entitled to the total compensation of Rs.7,58,003/- as against Rs.2,39,603/-, along with interest at the rate of six per cent per annum from the date of petition till its realization.
25. The insurers of both bus and lorry in question are directed to deposit the amount of compensation awarded in the ratio of 50:50 within two months from the date of receipt of a certified copy of this judgment.
26. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Tribunal.
27. The appeal is accordingly allowed in part.
- 28 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS
28. The amount in deposit, if any, shall be transferred to the Tribunal for disbursal in terms of the award. In MFA No.1177 of 2020 & 2177 of 2019 :
(MVC: 3448/2016 - Injury to Dr.Hanumesh)
29. The Tribunal on assessment of the evidence has awarded the following sums as compensation to the claimant for the injuries sustained by him :
Compensation Sl. awarded by the Nature of Heads No. Tribunal (In Rs.)
1. Pain, shock and agony 25,000/-
2. Medical expenses 72,680/-
Food, Conveyance, nourishment, 2,000/-
3.
attendant charges Loss of income during the laid 20,000/-
4. up period
5. Loss of amenities in life 25,000/-
Total : 1,44,680/-
30. In this case, the Tribunal has not awarded any compensation towards loss of future income, since the claimant, who is a doctor by profession, has admitted that he has continued his profession after the
- 29 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS treatment and there is no diminution in his salary. In my view, this finding cannot be fault with.
31. The Tribunal has awarded compensation of Rs.25,000/- each towards pain and suffering, and loss of amenities in life respectively.
32. The evidence on record indicates that the claimant had suffered a fracture of the right lower limb, fracture of both bones, abrasions over front left knee and swelling, and tenderness and deformity over the right leg. The claimant was hospitalized for five days.
33. Having regard to the nature of injuries suffered by the claimant, he would be entitled to a sum of Rs.50,000/- towards 'pain and suffering', and a sum of Rs.50,000/- towards 'loss of amenities', as against the sum of Rs.25,000/- each awarded by the Tribunal.
34. The sum of Rs.72,680/- awarded towards medical expenses by the Tribunal, being based on
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS documentary evidence, does not call for modification and is hence confirmed.
35. Having regard to the length of the stay of the claimant in the hospital (5 days), the claimant would also be entitled to 'conveyance, food and nourishment and attendant charges' at Rs.10,000/- as against the sum of Rs.2,000/- awarded by the Tribunal.
36. The Tribunal has taken the laid up period as one month and has awarded a sum of Rs.20,000/- towards loss of income during the laid-up period. Having regard to the nature of injuries suffered by the claimant and the treatment period, it would be just and appropriate to take the laid up period as three months and award a sum of Rs.60,000/- (Rs.20,000/- X 3 months) towards 'loss of income during the laid up period'.
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS
37. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As As Sl. awarded Nature of Heads awarded by No. by the this Court Tribunal (In Rs.) (In Rs.)
1. Pain, shock and agony 25,000/- 50,000/-
2. Medical expenses 72,680/- 47,363/-
Food, Conveyance, 2,000/- 10,000/-
3. nourishment, attendant charges Loss of income during the 20,000/- 60,000/-
4. laid up period
5. Loss of amenities in life 25,000/- 50,000/-
Total 1,44,680/- 2,17,363/-
38. Thus, the claimant is held entitled to the total compensation of Rs.2,17,363/- as against Rs.1,44,680/-, along with interest at the rate of six per cent per annum from the date of petition till its realization, except for the delay period of 303 days in filing the appeal.
39. The insurers of both bus and lorry in question are directed to deposit the amount of compensation
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS awarded in the ratio of 50:50 within two months from the date of receipt of a certified copy of this judgment.
40. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Tribunal.
41. The appeal is accordingly allowed in part. In MFA No.1072 of 2022 & 3897 of 2021:
(MVC: 6174/2017 - Injuries to R.Sujayamma)
42. The Tribunal on assessment of the evidence has awarded the following sums as compensation to the claimant for the injuries sustained by her:
Compensation Sl. awarded by the Nature of Heads No. Tribunal (In Rs.)
1. Pain and agony 50,000/-
2. Medical expenses 67,268/-
Food, Conveyance, nourishment, 4,000/-
3.
attendant charges Loss of income during the laid 8,000/-
4. up period
5. Loss of earning capacity 86,400/-
6. Loss of amenities in life 25,000/-
7. Future medical expenses 40,000/-
Total 2,80,868/-
- 33 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
43. While awarding the compensation, the Tribunal has recorded a finding that the claimant was aged 59 years as on the date of the accident and has suffered a grade II compound comminuted supra-condylar fracture of the right femur with inter-condylar extension with bone loss; grade II compound fracture shaft of the left femur; distal radius fracture left wrist with multiple small lacerated wounds over the face, and it has proceeded to assess the whole body disability of the claimant at 31%.
44. In my view, this assessment of whole body disability at 31% is just and proper and does not need any modification.
45. The Tribunal has determined the monthly income of the claimant notionally at Rs.8,000/- as there was no proof of the actual monthly income earned by her. Since the accident is of the year 2016, it would be
- 34 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS appropriate to adopt the monthly income determined by the Karnataka State Legal Services Authority at Rs.9,500/-.
46. Since the claimant has suffered 31% whole body disability and as the claimant was aged 59 years, 10% of the said income (Rs.950/-) would have to be added towards future prospects as per Pranay Sethi2. The net income would be Rs.10,450/-.
47. As the claimant was aged 59 years, as per Sarla Verma3, a multiplier of '9' would have to be applied.
48. Consequently, the claimant would be entitled to a sum of Rs.3,49,866/- (Rs.10,450/- x 12 x '9' x 31%) towards 'loss of future income'.
49. The Tribunal has awarded a sum of Rs.50,000/-
towards pain and suffering, and a sum of Rs.25,000/- 2 National Insurance Company Limited vs. Pranay Sethi and Others - (2017) 16 SCC 680 3 Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS towards loss of amenities in life. In my view, having regard to the injuries suffered by the claimant, it would be just and appropriate to enhance the said to Rs.75,000/- towards 'pain and suffering' and a sum of Rs.75,000/- towards 'loss of amenities'.
50. Having regard to the length of the stay of the claimant in the hospital (12 days), the claimant would also be entitled to 'conveyance, food and nourishment and attendant charges' at Rs.15,000/- as against the sum of Rs.4,000/- awarded by the Tribunal.
51. The Tribunal has taken the laid up period as one month and has awarded a sum of Rs.8,000/- towards loss of income during laid up period. Having regard to the nature of injuries suffered and the treatment period it would be just and appropriate to take the laid up period as three months and consequent upon re- assessment of monthly income at Rs.9,500/- by this
- 36 -
NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS Court, the compensation under 'loss of income during the laid up period' would stand enhanced to Rs.28,500/- (Rs.9,500/- X 3 months).
52. The sum of Rs.47,363/- awarded towards medical expenses, and Rs.40,000/- awarded towards future medical expenses by the Tribunal, being based on documentary evidence, do not call for modification and are hence confirmed.
53. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As As awarded Sl. awarded Nature of Heads by this No. by the Court Tribunal (In Rs.) (In Rs.)
1. Pain and agony 50,000/- 75,000/-
2. Medical expenses 67,268/- 67,268/-
Food, Conveyance, 4,000/- 15,000/-
3. nourishment, attendant charges Loss of income during the 8,000/- 28,500/-
4.
laid up period 86,400/- 3,49,866/-
5. Loss of future income (Rs.8,000/- x (Rs.10,450/- x 12 x '9' x 10%) 12 x '9' x 31%)
- 37 -
NC: 2024:KHC:46898
MFA No. 3666 of 2019
C/W MFA No. 2172 of 2019
MFA No. 2173 of 2019
AND 9 OTHERS
As
As awarded
Sl. awarded
Nature of Heads by this
No. by the
Court
Tribunal (In Rs.)
(In Rs.)
6. Loss of amenities in life 25,000/- 75,000/-
7. Future medical expenses 40,000/- 40,000/-
Total 2,80,868/- 6,50,634/-
54. Thus, the claimant is held entitled to the total compensation of Rs.6,50,634/- as against Rs.2,80,868/-, along with interest at the rate of six per cent per annum from the date of petition till its realization.
55. The insurers of both the bus and lorry in question are directed to deposit the amount of compensation awarded in the ratio of 50:50, within two months from the date of receipt of a certified copy of this judgment.
56. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Tribunal.
57. The appeal is accordingly allowed in part.
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NC: 2024:KHC:46898 MFA No. 3666 of 2019 C/W MFA No. 2172 of 2019 MFA No. 2173 of 2019 AND 9 OTHERS
58. In the result, MFA Nos.3896, 3897, 3899, 3903, 3905 and 3907 of 2021, MFA Nos.2172, 2173 and 2177 of 2019 filed by the insurer are dismissed.
59. Consequently, the insurers of both bus and lorry in question are directed to deposit the amount of compensation awarded in these cases in the ratio of 50:50, within two months from the date of receipt of a certified copy of this judgment.
60. The amounts in deposit, if any, shall be transferred to the Tribunal for disbursal in terms of the award.
61. MFA Nos.3666 of 2019, 1177 of 2020 and 1072 of 2022 filed by the claimants are allowed in part.
Sd/-
(N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 51