Karnataka High Court
Sri G Seenu S/O Krishnaiaah vs Sri N Krishna on 13 September, 2022
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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MFA No. 3527 of 2012 C/W
MFA No. 3115 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 3527 OF 2012 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3115 OF 2012 (MV-I)
IN M.F.A. No.3527/2012:
BETWEEN:
FUTURE GENERAL INDIA
INSURANCE COMPANY LIMITED
NO.18/1, PASADENA, III FLOOR
ABOVE E ZONE, ASHOKA PILLAR ROAD
JAYANAGAR I BLOCK,
BANGALORE-560 082
Digitally BY ITS MANAGER
signed by ...APPELLANT
PANKAJA S
(BY SRI. O. MAHESH, ADVOCATE)
Location:
High Court
of Karnataka AND:
1. G.SEENU
S/O KRISHNAIAHA,
AGED ABOUT 37 YEARS
R/A NO.32/3, I B CORSS
CHIKKABOMMASANDRA
G.K.V.K. POST, YELAHANKA NEW TOWN,
BANGALORE-560 065
2. N.KRISHNA
S/O NARASIMHA REDDY,
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MFA No. 3527 of 2012 C/W
MFA No. 3115 of 2012
MAJOR
NO.25/3, KAKOLU ROAD
RAJANUKUNTE
BANGALROE NORTH-560 064
...RESPONDENTS
(BY SRI.PRADEEP NAIK K., ADVOCATE
SRI M.S.JITENDRA, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 08.11.2011 PASSED IN MVC NO.4502/2010 ON THE
FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE,
MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE,
AWARDING A COMPENSATION OF RS.2,10,000/- WITH
INTEREST @ 6% P.A FOR Rs.1,90,000/- (EXCLUDING FUTURE
MEDICAL EXPENSES OF RS.20,000/-) FROM THE DATE OF
PETITION TILL DEPOSIT.
IN M.F.A. No.3115/2012
BETWEEN:
SRI G SEENU
S/O KRISHNAIAAH
AGED ABOUT 37 YEARS
R/AT NO.32/3, I B CROSS
CHIKKABOMMASANDRA
G.K.V.K. POST, YALAHANKA NEW TOWN
BANGALORE-560 065
...APPELLANT
(BY SRI.PRADEEP NAIK K., ADVOCATE)
AND:
1. SRI N.KRISHNA
S/O NARASIMHA REDDY
AGED ABOUT YEARS
R/AT NO.25/3, KAKOLU ROAD,
RAJANKUNTE,
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MFA No. 3527 of 2012 C/W
MFA No. 3115 of 2012
BANGALORE NORTH TALUK,
BANGALORE.
2. FUTURE GENERAL INDIA INSURANCE CO. LTD.,
NO.18/1, PASADENA, III FLOOR
ABOVE E ZONE, ASHOKA PILLAR ROAD,
JAYANAGAR IST BLOCK
BANGALORE-560 082
...RESPONDENTS
(BY SRI.M.S.JITENDRA, ADVOCATE FOR R1
SRI O.MAHESH, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 08.11.2011 PASSED IN MVC NO.4502/2010 ON THE
FILE OF THE XXII ADDITIONAL SMALL CAUSES & MEMBER
MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. M.F.A. No.3527 of 2012 is filed by the insurer challenging the award of the Tribunal in a sum of Rs.2,10,000/- on the ground that no accident had taken place and this was proved by the fact that the First Information Report was lodged nearly ten days after the accident.
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MFA No. 3527 of 2012 C/W MFA No. 3115 of 2012
2. M.F.A. No.3115 of 2012 is by the claimant seeking enhancement.
3. As far as the appeal of the insurer is concerned, the principal ground taken is that there was a delay in lodging the first information report and therefore, the accident itself was doubtful.
4. The claimant produced a Discharge Summary of Neha Orthopedic Hospital, Tirupati, in which it is noticed that the claimant had suffered a road traffic accident on 01.09.2009 and he had been given first aid and opinion regarding the head injury in Bengaluru and also at SVIMS, Tirupati. Thereafter, he was brought to the Orthopedic Hospital for treatment, where he was admitted on 03.09.2009 and discharged on 18.09.2009. In view of the fact that the claimant was hospitalised till 18.09.2009, the delay in lodging the complaint would be really of no relevance. It is obvious that the claimant could not have lodged a complaint when he was hospitalised. The delay -5- MFA No. 3527 of 2012 C/W MFA No. 3115 of 2012 in lodging the complaint cannot lead to the inference that no accident took place.
5. The discharge summary of the above mentioned Orthopedic Hospital also records the following:
"Peri-operative Period: Patient was drowsy at the time of admission. Arosable and coherent. No neurological deficits. Kept under observation for improvement of level of consciousness and general conditions as advised by anesthetist. Underwent open reduction and internal fixation by plate and screws SA on 14.09.2009. procedure went uneventful. P.O. GC and wound status is good."
6. As could be seen from the said noting, the claimant was stated to be drowsy at the time of admission, though he was arousable and coherent. It is also stated that the he was kept under observation for improvement of level of consciousness and general conditions as advised by the anesthetist. It is also recorded that therein that the claimant underwent open reduction and internal fixation by plate and screw on 14.09.2009.
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MFA No. 3527 of 2012 C/W MFA No. 3115 of 2012
7. In my view, these facts clearly indicate that the accident did occur and the claimant had suffered injuries. The appeal of the insurer contending that there was no accident cannot therefore be accepted and is dismissed.
8. As far as the compensation is concerned, the Tribunal has assessed the monthly income of the claimant at Rs.5,000/- and assessed the disability at 10% and awarded the following sums:
Compensation Sl.
Nature of Heads Awarded
No.
(In Rs.)
1 Pain and Sufferings 25,000/-
2 Medical expenses 35,000/-
3 Loss of earning during the period of 15,000/-
treatment
4 Attendant, conveyance and 15,000/-
nourishment expenses
5 Loss of future earnings 90,000/-
6 Future medical expenses 20,000/-
7 Loss of amenities and enjoyment of 10,000/-
life
Total : 2,10,000/-
9. In my view, the sums awarded under all the heads, except under the head pain and suffering and loss of -7- MFA No. 3527 of 2012 C/W MFA No. 3115 of 2012 amenities, are just and proper and do not call for any enhancement.
10. Since the claimant had suffered three injuries and sustained 10% disability, the claimant would be entitled to a sum of Rs.40,000/- towards pain and suffering and a sum of Rs.40,000/- towards loss of amenities.
11. To this extent, the compensation is enhanced by a sum of Rs.45,000/-.
12. Thus, the claimant would be entitled for compensation of Rs.2,55,000/- as against Rs.2,10,000/-
awarded by the Tribunal, along with interest at the rate of six per cent per annum from the date of petition till its realization.
13. The Insurance Company is directed to deposit the amount of compensation awarded along with interest within a period of eight weeks from the date of receipt of a certified copy of this judgment.
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MFA No. 3527 of 2012 C/W MFA No. 3115 of 2012
14. The amount in deposit, if any, shall be transferred to the Tribunal for disbursal in terms of the award.
The appeal of the insurer is dismissed and the appeal of the claimant is allowed in part.
SD/-
JUDGE RK CT:AN List No.: 2 Sl No.: 4