Karnataka High Court
Bajaj Allianz General Insurance Co Ltd vs Parasharam Devappa Kurangi on 27 August, 2012
Author: N.K.Patil
Bench: N.K.Patil
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 27TH DAY OF AUGUST, 2012
: PRESENT :
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MR. JUSTICE B.V.PINTO
M.F.A.NO.11924/2007 [MV]
C/W
M.F.A. NO.12183/2007 [MV]
M.F.A.NO.11924/2007 [MV]:
BETWEEN:
Bajaj Allianz General
Insurance Co. Ltd.,
D.G.Bilagi Plaza
College Road, Belgaum
By No.105A, Cears Plaza,
1st Floor, 136, Residency Road
Bangalore-560 025
By its Manager ... APPELLANT
(By Sri.P.H.Pawar, Adv.,)
AND:
1. Parasharam Devappa Kurangi
Aged 42 years
Business, Agriculturist
and Political Leader
R/o.47/E, Opp: Ishwar Temple
Shahu Nagar, Belgaum.
2
2. N.B. Punekar, Major
Business, R/o. H.No.137
Sector No.12
Shivabasav Nagar, Belgaum ... RESPONDENTS
(By Sri. Harish Maigur for Sri. M.B.Naragund, Adv., for R1
R2 served but unrepresented)
This appeal is filed under Section 173(1) of MV Act
against the Judgment and Award dated 23.5.2007 passed
in MVC No.3414/2005 on the file of the Prl. Civil Judge
(Sr.Dn.) and, Additional MACT., Belgaum awarding a
compensation of Rs.4,70,000/- with interest @ 7% p.a.
from the date of petition till deposit.
In M.F.A.NO.12183/2007 [MV]:
BETWEEN:
Parashuram Devappa Kurangi
Age: 42 years
R/o. 47/A, Opp: Ishwar Temple
ShahuNagar, Belgaum-590 010 ... APPELLANT
(By Sri. Harish Maigur for Sri. M.B.Naragund, Adv.,)
AND:
1. Sri. N.B. Punekar
Major, R/o.137, Sector No.12
Shivabasava nagar
Belgaum
3
2. Bajaj Allianz General
Insurance Co.Ltd.,
D.G.Bilagi Plaza, College Road
Belgaum ... RESPONDENTS
(By Sri.P.H.Pawar, Adv., for R2, R1 is served)
This appeal is filed under Section 173(1) of MV Act
against the judgment and award dated 23.5.2007 passed
in MVC No.3414/2005 on the file of the Prl. Civil Judge
(Sr.Dn.) and Additional MACT., Belgaum partly allowing
the claim petition for compensation and seeking
enhancement of compensation.
These MFAs. coming on for Hearing this day,
N.K.Patil J., delivered the following:
JUDGMENT
These two appeals by the Insurer and the claimant, respectively arise out of the same Judgment and Award dated 23.5.2007 passed in MVC No.3414/2005 on the file of the Principal Civil Judge [Sr.Dn.] & Addl. MACT., Belgaum at Belgaum. The Tribunal has awarded a sum of `4,70,000/- under different heads with interest at 7% p.a. from the date of claim petition till its realisation upon the injuries sustained in the road traffic accident. The Insurer has filed the appeal on the ground that the quantum of 4 compensation awarded by the Tribunal is on the higher side and the same is liable to be set aside. Whereas, the claimant contended that the compensation awarded by the Tribunal towards loss of future earning and loss of amenities and enjoyment of life, are on the lower side and it requires enhancement by modifying the impugned Judgment and Award passed by the Tribunal.
2. The occurrence of accident and the resultant injuries sustained by the claimant in road traffic case are not is dispute. On account of the injuries sustained in the road traffic accident, the appellant/claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation against the Insurer and driver of the vehicle. The said matter has come up for consideration. The Tribunal inturn taking into consideration, the nature of injuries sustained and disability assessed by the Doctor and on appreciation of oral evidence of PWs.1 and 2 and documentary evidence at Exs.P1 to 19 and Ex.R1- Insurance policy, allowed the same in part, awarding a 5 sum of `50,000/- towards pain and sufferings; `1,50,000/- towards medical and incidental expenses; `30,000/- towards loss of income during laidup period of total six months; `2,10,000/- towards loss of future earning capacity and `30,000/- towards loss of amenities and enjoyment of life and in all `4,70,000/- was awarded to the appellant/claimant. Being dis-satisfied with the impugned Judgment and Award passed by the Tribunal, the Insurance Company and the claimant, both have presented these appeals seeking appropriate relief as stated supra.
3. Learned Counsel appearing for the appellant/Insurer submitted that, the Tribunal has erred in taking the permanent disability at 25% and the same is on higher side on the ground that the injured was a social worker and agriculturist and also involved in political activities as Chairman of Taluka Marketing Agricultural Producers Co-operative Society Ltd., Belgaum, Chairman of Health and Education Department at Z.P. and Member 6 of Z.P. and Chairman of KSRTC SC & ST Union. The Tribunal, without any credible documentary evidence assessed the monthly income at `5,000/-, the same is on higher side and is liable to re-assessed while awarding compensation towards 'loss of future earning capacity'. Therefore, he submitted that the impugned Judgment and Award passed by the Tribunal is liable to be modified.
4. As against this, learned Counsel appearing for the claimant/appellant interalia contended and substantiated that the impugned Judgment and Award passed by the Tribunal, awarding a sum of `50,000/- towards pain and sufferings; `1,50,000/- towards medical and incidental expenses; `30,000/- towards loss of income during laidup period of 6 months; `2,10,000/- towards loss of future earning capacity and `30,000/- towards loss of amenities and enjoyment of life. Further he pointed out, the Tribunal awarded only `2,10,000/- for loss of future earning capacity taking into consideration the law laid down by the Apex Court in the case of Sarla Verma and 7 others v. Delhi Transport Corporation and another reported in 2009 ACJ 1298 and adopting the appropriate multiplier of 15, having regard to the age of the claimant/appellant. Further the Tribunal has erred in awarding only `30,000/- towards loss of amenities and enjoyment of life and is inadequate for the reason that the claimant has disability at 25% to the whole body. He is not in a position to continue his bright political career and doing his other activities. Therefore, these aspects of the matter have not been considered by the Tribunal while awarding the compensation. Therefore, he submitted that the impugned Judgment and Award passed by the Tribunal is liable to be modified.
5. After considering the submission of the learned Counsel appearing for both the sides and after careful perusal of the Judgment and Award passed by the Tribunal, the only point that arise for our consideration is:-
"Whether the compensation awarded by the Tribunal is just and reasonable?"8
6. The Tribunal has awarded `2,10,000/- towards loss of future earning capacity, taking permanent disability at 25% to the whole body. The Doctor has assessed the disability at 40% to the left lower limb; 22% to the right upper limb and 15% to the right ankle and 25% to the whole body. The Tribunal has rightly assessed the 25% disability to the whole body, as rightly pointed out by the learned Counsel appearing for the claimant in view of the Judgment by the Apex Court in the case of Sarla Verma and others v. Delhi Transport Corporation and another reported in 2009 ACJ 1298, the proper multiplier applicable is 15. Accordingly, we re-determine compensation towards loss of future earning capacity at `2,25,000/- [5,000x12x25x15/100] as against `2,10,000/-. Further, the Tribunal has erred in awarding only `30,000/- towards loss of amenities and enjoyment of life throughout his life. Admittedly, claimant has sustained 25% disability. He being aged about 46 years has to endure this disability for the rest of his life. Taking these two relevant facts into consideration, we award a sum of `40,000/- under the 9 head loss of amenities and enjoyment of life throughout his life.
7. Thus, the appellant/claimant is entitled to additional compensation of `25,000/- with interest at 6% p.a. from the date of petition till the date of realisation.
8. Accordingly, the appeal filed by the Insurer is dismissed. The appeal filed by the claimant is allowed in part. The impugned Judgment and Award dated 23.5.2007 passed in MVC No.3414/2005 on the file of the Principal Civil Judge [Sr.Dn.] & Addl. MACT., Belgaum at Belgaum, is hereby modified by awarding additional compensation of `25,000/- with interest at 6% p.a. from the date of petition till the date of realisation.
9. The appellant/Insurance Company is directed to deposit the enhanced compensation with interest within three weeks from the date of receipt of copy of the Judgment and Award.
10
10. The enhanced compensation amount with interest shall be released in favour of the appellant immediately after the deposit is made by the appellant/Insurer.
The amount in deposit made by the appellant/Insurer shall be transmitted to the jurisdictional Tribunal, immediately.
Office to draw the award, accordingly.
Sd/-
JUDGE Sd/-
JUDGE cp*