Karnataka High Court
Shri Shambappa @ Satisha vs Smt R Rajeshwari W/O S Ramaraj on 29 November, 2012
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 29TH DAY OF NOVEMBER, 2012
PRESENT
THE HON'BLE MR. JUSTICE K. SREEDHAR RAO
AND
THE HON'BLE MR. JUSTICE V. SURI APPA RAO
M.F.A. NO.9726/2007 C/W MFA 14049/2007 (MV)
IN MFA 9726/2007
BETWEEN:
The Divisional Manager,
National Insurance Co. Ltd.,
Sujatha Complex,
P.B. Road,
Hubli-580 029.
Dharwad District.
REPRESENTED BY
M/s. National Insurance Co. Ltd.,
Regional Office,
Subharam Complex,
No.144, M.G. Road,
Bangalore-560 001.
By its Manager
... APPELLANT
(By Sri. Aruna Deshpande, Advocate)
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AND:
1. Sri Shambappa @ Sathisha,
Aged about 51 years,
S/o. Sri Shiddalingappa Suleganve
Engineer,
Chief Engineer Office C & B (North)
Dharwad.
And also at:
1. Sri Shambappa @ Sathisha,
Aged about 51 years,
S/o. Sri Shiddalingappa Suleganve
I cross, Jayanagar,
Dharwad.
2. Smt. R. Rajeshwari,
Aged about 40 years,
W/o. Sri Ramaraj,
R/o. 8/1, Alagappan Line,
Thenkarai
Periakulam Pin
Tamilnadu State.
... RESPONDENTS
(By Sri. B.V. Somapur, Adv. for R-1
notice to R-2 is dispensed with V/o dated 1.04.2011)
This MFA is filed under Section 173(1) of MV Act against
the judgment and award dagted 24.04.2007 passed in MVC
No.399/2003 on the file of the I Addl. Judge (SD) and
Member, MACT, Dharwad, awarding a compensation of
Rs.4,71,200/- with interest @ 6% p.a.
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IN MFA 14049/2007
BETWEEN:
Sri Shambappa @ Sathisha,
Aged about 51 years,
S/o. Sri Shiddalingappa Suleganve
Engineer,
Chief Engineer Office C & B (North)
Dharwad.
... APPELLANT
(By Sri. S.M. Nadaf & Sri C.B. Shankunavalli, Advocates)
AND:
1. Smt. R. Rajeshwari,
W/o. Sri Ramaraj,
Age major, Occ: Business,
R/o. 8/1, Alagappan Line,
Thenkarai
Periakulam Tamilnadu State.
(Owner of Goods Truck bearing
No.TAS-5369)
2. The Divisional Manager,
National Insurance Co. Ltd.,
Sujatha Complex,
P.B. Road,
Hubli-580 029.
(Insurer of Goods Truck Bearing
No.TAS-5369 and Insurance bearing
Policy No.650402/98/6313204
Renew 067/1001876)
3. Sri B.S. Nagaraj,
S/o. B.S. Shivarudrappa
-4-
Age: major, Occ: business,
No.3077/3, 3rd Cross,
V.V. Mohalla Gokul Park,
Mysore
(Owner of Tata Sumo bearing
no.KA-05/n-252)
4. The Divisional Manager,
United India Insurance Co.
L.E.A. Complex, Dharwad
(Insurer of Tata Sumo bearing
No.KA-05/N-252 and insurnace
Bearing policy No.170602/001/
11/060/00800/1998)
... RESPONDENTS
(By Smt. Aruna Deshpande, Adv. for R-2
Smt. Preeti Shashank, Adv. for R-4
R-1 & R-3 are served)
This MFA is filed under Section 173(1) of MV Act 1988,
against the judgment and award dated 24.04.2007 passed in
MVC No.399/2003 on the file of the I Addl. Judge (SD) and
Member, MACT, Dharwad, partly allowing the claim petition
for compensation seeking enhancement of compensation.
These appeals coming up for Hearing-Interlocutory
Application this day, K.Sreedhar Rao, J delivered the
following judgment.
JUDGMENT
The dismissal order dated 25.06.2012 is recalled. The appeal is restored to file.
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2. Smt. Aruna Deshpande to take notice for R-2 in MFA 14049/2007.
3. The respondent-petitioner sustained fracture of femur in a motor vehicle accident. The occurrence of the accident, the negligence of the driver of the offending vehicle and the coverage of insurance are not in dispute. The insurer has filed the appeal in MFA 9726/20087 challenging the compensation awarded by the Tribunal is excessive. The petitioner on the other hand has filed an appeal in MFA 14049/2007 seeking enhancement of compensation.
4. The petitioner is a Government employee, working as an Assistant Engineer in PWD. Whatever partial permanent disability the petitioner has suffered will not affect his employment. Therefore, there is no need to award compensation in respect of loss of future income. Therefore, petitioner would be entitled to Rs.50,000/- towards pain and agony, Rs.50,000/- for loss of amenities and future discomfort on account of disability. The petitioner was -6- getting salary of Rs.15,000/- p.m. and hence, the petitioner is entitled to Rs.60,000/- for loss of income during the treatment period. The medical bills produced for Rs.29,000/. The petitioner would be entitled to Rs.40,000/- towards medical and incidental expenses. Totally the compensation is reduced to Rs.2,00,000/- as against Rs.4,71,000/- awarded by the Tribunal.
5. Accordingly, the appeal of the insurance company is allowed and the appeal of the petitioner is dismissed. The amount in deposit is ordered to be refunded to the appellant- insurance company.
Sd/-
JUDGE Sd/-
JUDGE Naa