The High Court
Case Details
- 1 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7660 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7661 OF 2015 (MV-I) IN MFA No. 7660/2015 BETWEEN: MR. CHANDRAPPA G., S/O SRI. GANGAPPA, AGED ABOUT 38 YEARS, R/AT NO. 74, 14TH MAIN, 8TH E-CROSS, WEAVERS SOCIETY LAYOUT, BINNYPET, ATTIGUPPE, BANGALORE -560 040 …APPELLANT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA (BY SMT.SRIVIDYA, ADVOCATE FOR SRI.T.N.VISWANATHA, ADVOCATE) AND: 1. M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., T.P. CLAIMS HUB, "GOLDEN HEIGHTS", NO-1/2, 4TH FLOOR, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALURU -560 010 2. MR. CHIKKANNA B.M S/O MUNIVENKATAPPA, MAJOR, R/AT NO.9, HOSA BYROHALLI, SULIKERE P.O., KENGERI HOBLI, BENGALURU -560 060 (BY SRI.MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI.P.B.RAJU, ADVOCATE FOR R2 …RESPONDENTS - 2 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 V/O/D 09/02/2017- NOTICE TO R1 D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.03.2015 PASSED IN MVC NO.2457/2014 & 2458/2014 ON THE FILE OF THE MEMBER, PRL. MACT AND CHIEF JUDGE, COURT OF SMALL CAUSES AT BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. ...APPELLANT IN MFA NO. 7661/2015 BETWEEN:
Legal Reasoning
MR. M.RAMESH C. S/O CHIKKAPUTTAIAH (LATE) AGED ABOUT 41 YEARS, R/AT NO.51, 1ST MAIN ROAD, 7TH CROSS, DEEPANJALI NAGAR, MYSORE ROAD, BENGALURU-560 026 (BY SMT.SRIVIDYA, ADVOCATE FOR SRI. T.N.VISWANATHA, ADVOCATE) AND: 1. M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., T P CLAIMS HUB, GOLDEN HEIGHTS,NO.1/2, 4TH FLOOR, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU-560 010 2. MR. CHIKKANNA B.M. S/O MUNIVENKATAPPA, MAJOR, R/AT NO.9, HOSA BYROHALLI, SULIKERE P.O., KENGERI HOBLI, BENGALURU-560 060 (BY SRI.MALLIKARJUNA REDDY N.A., FOR SRI.P.B RAJU, ADVOCATE FOR R1 V/O/D 12/1/2017, NOTICE TO R2 IS D/W) ...RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.03.2015 PASSED IN MVC NO.2457/2014 ON THE FILE OF CHIEF JUDGE, COURT OF SMALL CAUSES, AND MEMBER PRL. MACT, BENGALURU, PARTLY ALLOWING - 3 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.2457/2014 and MVC No.2458/2014 dated 25.03.2015 by the Member Principal Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bengaluru, both the claimants have filed MFA.No.7661/2015 and MFA.No.7660/2015 respectively. The claim petitions are filed seeking compensation of an amount of Rs.10,00,000/- each for the injuries sustained by them in the road traffic accident occurred on 07.05.2014. The Tribunal by
Decision
way of a common order had disposed of both claim petitions, as such, this Court is also disposing off these appeals by way of a common order. MFA 7661/2015 arising out of MVC No. 2457/2014: 2. It is the case of the claimant that that he was initially treated at Panacea Hospital and thereafter he was shifted to St. Philomina Hospital, Bangalore wherein he was treated as inpatient. He spent more than Rs.2,50,000/- for treatment and - 4 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 inspite of the best treatment, he suffered from permanent disability. Prior to the accident, he was working as Marketing Manager with Calcutta Tube Center and getting a salary of Rs.27,000/- per month. On account of the accident, he not only suffered loss of income during treatment, but also suffered permanent disability, resulting in loss of earning capacity and he was compelled to resign the job. 3. The tribunal had granted an amount of Rs.4,86,000/-, as per the table given below: Sl. No. 1. Heads Injury, pain and suffering Compensation Awarded : Rs. 50,000/- 2. Attendant charges, : Rs. 10,000/- conveyance and other incidental expenses Loss of income during treatment Loss of income on account of disability Loss of amenities Future medical expenses 3. 4. 5. 6. : Rs. 30,000/- : Rs. 3,36,000/- : Rs. 30,000/- : Rs. 30,000/- TOTAL : Rs. 4,86,000/- - 5 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 4.Learned counsel appearing for the appellant/claimant submits that the tribunal had failed to grant a reasonable compensation for the injury sustained by the claimant. It is submitted that the as per the doctor disability to right lower limb was assessed at 60.6% and 30.3% to the whole body, but the Tribunal had taken 20% disability to the whole body as against 30.3% assessed by the doctor. It is submitted that there are no reasons for coming to such conclusion and even under the head of loss of amenities considering the disability, the amount that that is granted by the Tribunal is on the lower side. Further for the future medical expenses also without even considering the evidence of the doctor, the tribunal had granted Rs.30,000/- which is on the lower side. 5. The learned counsel appearing for the insurance company submits that the trial court had rightly granted the compensation and there are no grounds to interfere. 6. Having heard the counsels on either side, perused the material on record. The claimant had suffered multiple fractures and as per the wound certificate (Ex.P-16) the claimant has suffered wound as per: - 6 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 i. Lacerated wound over forehead ii. Contused abrasion right shoulder 6 cm x 4 cm with swelling and painful movements, X-rays shows fracture glenoid cavity right scapula, iii. Deformity, swelling and tenderness right lower limb, right thigh and leg, commuted fracture right tibia, commuted segmental fracture of right femur. As per the evidence of the doctor the disability to the right lower limb is 60.6% and 30.3% to the whole body. 7. The tribunal observes that in this case there is no dispute that the claimant had suffered disability on account of the injuries suffered by him as detailed in the wound certificate and in the discharge summary. What is in dispute is extent of disability. Hence the tribunal has taken the disability at 20% to the whole body as against 30.3% assessed by the PW-4. This Court has perused the order passed by the tribunal and the tribunal had rightly taken the disability at 20% and there are no reasons to interfere. 8. Then coming to the compensation, considering the injuries, under the head of pain and suffering this court is granting an amount of Rs.80,000/-. Then coming to the attendance & conveyance charges for 13 days of hospitalization this court is granting an amount of Rs.13,000/- - 7 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 . Under the head of loss of future income considering the income of the claimant, this court is taking the income at Rs.12,500/- and the court had rightly taken 1/3 of the disability i.e., is 20% as disability, this court is granting (Rs.12,500x12x14x20/100= Rs.4,20,000/-) an amount of Rs.4,20,000/- .Towards loss of income during the laid up period this Court is granting an amount of Rs.50,000/- (Rs.12,500x4=Rs.50,000/-). Towards loss of amenities, considering the disability of 20%, this court is granting Rs.40,000/-. Towards future medical expenses considering the evidence of the doctor an amount f Rs.50,000/- is granted. 9. 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.The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court - 8 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 1. Injury, pain and Rs. 50,000/- 80,000/- suffering 2. Attendant charges, conveyance and other incidental expenses Loss of income during treatment Loss of income on account of disability 3. 4. Rs. 10,000/- 13,000/- Rs. 30,000/- 50,000/- Rs. 3,36,000/- 4,20,000/- 5. Loss of amenities Rs. 30,000/- 40,000/- 6. Future medical expenses 7. Legal expenses Rs. Rs. 30,000/- 50,000/- 00/- 10,000/- TOTAL Rs. 4,86,000/- 6,63,000/- MFA 7660/2015 arising out of MVC No. 2458/2014: 11. It is the case of the claimant that he had suffered fracture bone of PD joint of right leg which is grievous in nature. Initially he was treated at Panacea Hospital and thereafter, he was shifted to Pristine Hospital, Bengaluru. It is his case that he spent more than Rs.60,000/- for treatment and inspite of best treatment, he suffered permanent disability and prior to accident, he was working as Driver and getting a salary of Rs.9,000/- per month, apart from bata of Rs.200/- per day. On account of the accident, he not only suffered loss of income during treatment, but also suffered permanent disability, - 9 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 resulting in loss of earning capacity and he is unable to continue his job. 12. The tribunal had granted an amount of Rs.1,12,000/-, as per the table given below: Sl. No. 1. Heads Injury, pain and suffering 2. Medical expenses and other incidental expenses Loss of earning during the period of treatment Lumpsum compensation 4. 3. Compensation Awarded : Rs. 30,000/- : Rs. 45,000/- : Rs. 12,000/- : Rs. 25,000/- TOTAL : Rs. 1,12,000/- 13. The learned counsel appearing for the claimant submits that the Tribunal has not granted just and reasonable compensation. He contends that tribunal has not properly considered the injuries suffered and treatment period while granting compensation during the laid up period and he submits that the disability was not properly considered by the tribunal. - 10 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 14. The learned counsel appearing for the insurance company submits that the trial court had rightly granted the compensation and there are no grounds to interfere. 15. Considering the injuries sustained by the claimant the tribunal has awarded under the head of pain and suffering Rs.30,000/-. Considering the fracture injuries, this court is granting an amount of Rs.60,000/-. Towards medical expenses the trial Court has rightly granted an amount of Rs.45,000/- and no interference is called for. Coming to the loss of earning during the laid up period as there was no evidence on record this Court is taking income Rs.8,500/- for three months, granting an amount of Rs.25,500/-.Then considering the disability that is assessed by the doctor, instead of applying the multiplier, this court is granting a lump sum amount of Rs.50,000/- under the head of loss of future earnings. Towards loss of amenities this court is granting an amount of Rs.15,000/-. 16. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI - 11 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 17. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury, pain and Rs. 30,000/- 60,000/- suffering 2. Medical expenses Rs. 45,000/- 45,000/- and other incidental expenses Loss of earning during the period of treatment Lumpsum compensation 3. 4. 5. Loss of amenities 6. Legal expenses Rs. 12,000/- 25,500/- Rs. Rs. Rs. 25,000/- 50,000/- 00/- 00/- 15,000/- 10,000/- TOTAL Rs. 1,12,000/- 2,05,500/- 18. The appeal filed by the claimant i.e, MFA.No.7661/2015 is partly allowed by enhancing the compensation from an amount of Rs.4,86,000/- to Rs.6,63,000/-. The appeal filed by the claimant i.e., MFA.No.7660/2015 is partly allowed by enhancing the - 12 - NC: 2025:KHC:16825 MFA No. 7660 of 2015 C/W MFA No. 7661 of 2015 compensation from an amount of Rs.1,12,000/- to Rs.2,05,500/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent No.1 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 12