The High Court
Case Details
- 1 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8056 OF 2018 (MV-I) MFA CROSS OBJECTION NO. 9 OF 2019 (MV-I) C/W IN MFA No. 8056/2018 BETWEEN: THE MANAGER SRIRAMA GENERAL INSURANCE CO. LTD., BRANCH OFFICE, NO 85/2, 1ST FLOOR, A.M.S. COMPLEX, OPPOSITE NANDI PETROL BUNK, NEAR KSRTC BUS STAND, P.B.ROAD, DAVANAGERE – 577 502 NOW REPRESENTED BY THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.3/5, III FLOOR, S.V.ARCADE, BILAKALLI MAIN ROAD, OFF B.G. ROAD, IIM POST, BENGALURU – 560 076 (BY SRI. VIJAYA PHANEENDRA T.B., ADVOCATE) …APPELLANT AND: 1. SRI THIPPESWAMY S/O BORAIAH AGED ABOUT 43 YEARS MENTALLY LOST MEMORY REPESENTED BY HIS WIFE NEXT FRIEND BORAMMA W/O THIPPESWAMY AGED ABOUT 37 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 R/O BOSEDEVARAHATTI VILLAGE, CHITRADURGA TALUK & DIST NOW R/W C/O T.VENKATESH NEAR FILTER HOUSE, CHITRADURGA TOWN – 577 501 2. SRI DADAPEER S/O AKHIL SABA OWNER OF THE JCB VEHICLE, BEARING REG. NO KA-16/N-0874 R/O NO 819, NAYAKANAHATTI CHALLAKERE TQ AND DISTRICT - 577522 (BY MS.DEEPU B.M., ADVOCATE FOR SRI.B.PRAMOD, ADVOCATE FOR R1 SRI M.G.KANTHARAJAPPA, ADVOCATE FOR R2) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.07.2018 PASSED IN MVC NO.757/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, CHITRADURGA, AWARDING COMPENSATION OF RS.13,96,300/- WITH INTEREST AT 9% P.A. FROM THE DATE OF FILING THE PETITION TILL THE REALIZATION. IN MFA.CROB NO. 9/2019 BETWEEN:
Legal Reasoning
SRI. THIPPESWAMY S/O BORAIAH AGED ABOUT 42 YEARS MENTALLY LOST MEMORY REP. BY HIS WIFE AND NEXT FRIEND BORAMMA W/O THIPPESWAMY AGED ABOUT 37 YEARS R/O BOSEDEVARAHATTI VILALGE CHITRADURGA TALUK & DIST NOW R/W C/O T.VENKATESH NEAR FILTER HOUSE CHITRADURGA TOWN-577 501 (BY MS.DEEPU B.M., ADVOCATE FOR SRI. B PRAMOD, ADVOCATE) ...CROSS OBJECTOR - 3 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 AND: 1. DADAPEER S/O AKHIL SABA OWNER OF JCB VEHICLE BEARING REG NO.KA 16N 0874 R/O NO.819 NAYAKANAHATTI CHALLAKERE TALUK AND DISTRICT-577 536 2. THE MANAGER SRIRAMA GENERAL INSURANCE CO. LTD. BRANCH OFFICE NO.85/2, 1ST FLOOR AMS COMPLEX OPPOSITE NANDI PETROL BUNK NEAR KSRTC BUS STAND P.B. ROAD DAVANAGERE-577 502 (BY SRI.M.G.KANTHARAJAPPA, ADVOCATE FOR R1 SRI.VIJAYA PHANEENDRA T.B., ADVOCATE FOR SRI.A.N.KRISHNASWAMY, ADVOCATE FOR R2) ...RESPONDENTS THIS MFA FILED U/O.41 RULE 22 OF CPC, R/W SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.07.2018 PASSED ON MVC NO.757/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEAL AND MFA CROB, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 ORAL JUDGMENT Aggrieved by the award passed in MVC No.757/2016 dated 05.07.2018 by the Principal Senior Civil Judge and CJM, Chitradurga, both the Insurance Company and the claimant are before this court. The Insurance company appeal is MFA.No.8056/2018 and the claimant has filed the cross objection MFA.CROB No.09/2019 seeking enhancement of the compensation for the accidental injuries sustained by the claimant in the road traffic accident. 2. The claim petition is filed seeking compensation of an amount of Rs.50,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case that on 13.02.2016 at about 10:30 a.m., the claimant along with one Chandrappa were proceeding in a motorcycle, when they reached near Bosedevarahatti village, at that time the driver of the JCB moved its bucket without any signal and hit to the head of the claimant, as a result he sustained injuries to the lumber region, spine, abdomen, right thigh and took treatment at the government Hospital and other major Hospitals by spending an amount of Rs.20,00,000/- towards the medical expenses, he is - 5 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 not in a position to identify any person or position to make movement of his lips and lost his speech, he has lost his mental strength. The claimant was aged 41 years, he was an agriculturist and he used to earn Rs.10,00,000/- per annum. Due to the loss of entire memory he became mentally unsound and not in a position to do any work, he is bedridden and his wife and son are completely looking after his day-to-day activities. Basing on the evidence, the Tribunal had granted the compensation of an amount of Rs.13,96,309/-. 3. Coming to the liability the Tribunal had considered about the transport and non-transport license and has held that the insurance company is liable to pay the compensation. Aggrieved thereby the insurance company is before this court questioning both on the quantum and on the liability. The claimant is before this Court seeking enhancement of the compensation by filing MFA Crob.9/2019. Hence both petitions
Decision
are disposed off by way of a common order. 4. First coming to the liability, the vehicle that is involved is a JCB and that requires the special license and admittedly, in this case, the driver of the said crane was not having the - 6 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 special category of license, in that view of the matter the principle of pay and recover applies and the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 5. Coming to the compensation, it is the evidence of the doctor that because of the injuries sustained by him, on account of head injury his speaking capacity is disabled, he is unable to say whether it will improve through a proper treatment. He has assessed the disability to the whole body and physical disability amounting to 50% assessed by him based on guidelines issued by the medical board and also physical examination of the claimant. He further deposes that the claimant is unable to do his agricultural and hard work at any point of time, but he can do only simple work. It is stated that the claimant is partially physically disabled and 100% disabled with regard to hearing and speaking and the doctor also denied that the disability has to be considered as whole body disability as 1/3rd .The tribunal had taken the disability at 60% and income at Rs.8000/- and granted the compensation as per the table given below: - 7 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 Heads Compensation Awarded 1. Pain and suffering : Rs. 50,000/- 2. Medical Expenses : Rs. 3,34,709/- 3. Conveyance, nourishment and attendant charges : Rs. 20,000/- 4. Loss of future earning : Rs. 9,21,600/- 5. Loss of amenities and unhappiness : Rs. 40,000/- 6. Future medical expenses : Rs. 30,000/- TOTAL : Rs. 13,96,309/- 6.The learned counsel appearing for the claimant submits that the accident had taken place in the year 2016, as such the income has to be taken at Rs.9,500/-. Further, considering the disability at 60%, future prospects ought to have been granted. Even on the other heads also the compensation that is awarded by the tribunal is not just reasonable. 7. The learned counsel appearing for the insurance company submits that the insurance company is not liable to pay the compensation and the compensation that is awarded by the tribunal on all the heads is on the higher side. It is submitted that taking the disability at 60% is without any basis and the same needs to be reduced. - 8 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 8. Having heard the counsels on either side, perused the material available on record. First coming to the liability issue, considering the fact that the vehicle is a special class of vehicle and the driver was not having a driving license to drive the said special kind of vehicle as such it amounts to violation of the terms and conditions of the policy. In the light of Judgment of the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Swaran Singh And Others 1 the principle of pay and recovery will apply. 9. Coming to the compensation, the claimant had sustained grievous injuries. Hence under the head of pain and suffering this court is granting an amount of Rs.60,000/-. Coming to the medical expenses the tribunal had granted an amount of Rs.3,34,709/- and no interference is called for. Considering the hospitalization of about more than 46 days under head of conveyance, nourishment and attendant charges this Court is granting an amount of Rs.50,000/-. Towards loss of future earning, as this is an accident of the year 2016, as there is no evidence available on record to show the income, as per the chart prepared by the Karnataka State 1 (2004) 3 SCC 297 - 9 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 Legal Service Authority, the notional income is taken at Rs.9,500/-. Then Coming to the disability as the evidence of the doctor clearly shows that because of the injuries sustained by him in the accident, he lost his speaking skills as well as hearing ability completely, either, he is not able to speak or not able to hear and in those circumstances, this court is of the view that the disability of 60% is correctly considered by the Tribunal. Future prospects for Rs.9500/- i.e., 25% of Rs.9,500/- will come to Rs.2,375/-. (Rs.9,500 +Rs.2,375 = Rs.11,875/-). Under the head of Loss of future earning capacity, this court is granting an amount of Rs.11,97,000/- (Rs.11,875/-x12×14×60/100=11,97,000/-). Considering the 60% disability this court is granting an amount of Rs.1,00,000/- towards loss of amenities and the Tribunal had granted an amount of Rs.30,000/- towards future medical expenses and no interference is called for. 10. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. - 10 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 11. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering 2. Medical Expenses : Rs. : Rs. 50,000/- 3,34,709/- 60,000/- 3,34,709/- 4. 3. Conveyance, nourishment and attendant charges Loss of future earning Loss of amenities and unhappiness Future medical expenses 7. Legal Expenses 5. 6. : Rs. 20,000/- 50,000/- : : Rs. 9,21,600/- 11,97,000/- Rs. 40,000/- 1,00,000/- : Rs. 30,000/- 30,000/- : Rs. 00/- 10,000/- TOTAL : Rs. 13,96,309/- 17,81,709/- 12. Altogether the claimant is entitled for an amount of Rs.17,81,709/-. i) Accordingly, the appeal filed by the claimant i.e., MFA.CROB No.09/2019 is partly allowed by enhancing the compensation from an amount of Rs.13,96,309/- to Rs.17,81,709/-. ii) Appeal filed by the insurance company in MFA No.8056/2018 is partly allowed by applying the principal of pay and recover. The Insurance - 11 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 Company shall pay the compensation amount and recover the same from the owner of the vehicle. iii) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. iv) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v) The apportionment of the amount shall be as per the order passed by the Tribunal. vi) The amount is deposit shall be forthwith transmitted to the tribunal. vii) The registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. - 12 - NC: 2025:KHC:16123 MFA No. 8056 of 2018 C/W MFA.CROB No. 9 of 2019 viii) No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 65