The High Court
Case Details
- 1 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 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. 3938 OF 2015 (MV-I) C/W MFA CROSS OBJECTION NO. 76 OF 2015 (MV-I) IN MFA No. 3938/2015 BETWEEN: THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, MANGALORE COMMERCIAL COMPLEX NEAR KSRTC BUS STAND CHITRADURGA NOW REP. BY ITS LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE 5TH FLOOR, CENTENARY BUILDING NO. 28, M.G.ROAD BANGALORE-560 001 …APPELLANT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA (BY SRI. PRADEEP B., ADVOCATE) AND: 1. MEGHARAJA N.S., S/O SHANMUKAPPA N., NOW AGED ABOUT 29 YEARS R/O LAVAKUMAR, FLAT NO. 123 L.B.S. NAGARA BEHIND CHOWDESHWARI TEMPLE SHIVAMOGGA CITY-577 201 2. PARASAPPA SUVEY @ PARASHURAMAPPA S/O SHAVAJAPPA RANEBENNUR TALUK HAVERI DIST-581 110 (BY SRI.S.RAJENDRA, ADVOCATE FOR SRI.S.V.PRAKASH, ADVOCATE FOR R1 V/O/D 4/11/2019 NOTICE TO R2 DISPENSED WITH) …RESPONDENTS - 2 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:26.03.2015 PASSED IN MVC NO.241/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, ADDITIONAL MACT-III, SHIVAMOGGA, AWARDING COMPENSATION OF RS.3,65,680/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA.CROB NO. 76/2015 BETWEEN: MEGHARAJA N.S., S/O SHANMUKAPPA N., AGE 28 YEARS R/O LAVAKUMAR PLOT NO.123, LBS NAGAR, BEHIND CHOWDESHWARI TEMPLE, SHIMOGA CITY-577 201
Legal Reasoning
(BY SRI.S.RAJENDRA, ADVOCATE FOR SRI.S.V.PRAKASH, ADVOCATE) AND: 1. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, CHITRADURGA, NOW REPRESENED BY ITS LEGAL MANAGER, GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, 5TH FLOOR,CENTENARY BUILDING, NO.28,BANGALORE-01 2. PARASAPPA SUVEY @ PARASHURAMAPPA S/O SHIVAJAPPA AGE 36 YEARS R/O AREMALLAPURA VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT-577 101 (BY SRI. B.PRADEEP, ADVOCATE FOR R1 R2- SERVED AND UNREPRESENTED) ...CROSS OBJECTOR ...RESPONDENTS - 3 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 THIS MFA CROB IN MFA NO.3938/2015 FILED U/O 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED:26.03.2015 PASSED IN MVC NO.241/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND ADDITIONAL MACT-III, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION. THESE APPEAL AND CROSS OBJECTION, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.241/2012 dated 26.03.2015 by the Fast Track Court and Addl. MACT-III, Shivamogga, both the Insurance Company and the claimant are before this court. The Insurance company appeal is MFA.No.3938/2015 and the claimant has filed the cross objection MFA.CROB No.76/2015 seeking enhancement of the compensation. 2.The claim petition is filed seeking compensation of an amount of Rs.41,40,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 09.07.2011, the claimant has been to Ranebennur in connection with his personal work and he was returning towards Nelavagilu village in his own Bajaj Pulsar motorcycle slowly on the left side of the road by observing all - 4 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 traffic formalities. The claimant was moving near the mission house of Begoor Malleshappa on Shikaripura Masuru Road, near Mattikote Cross at about 5:30 p.m. the 1st respondent drove the Swaraj Mazda Truck in a rash and negligent manner at a high speed from opposite direction in wrong side and dashed the claimant and caused the accident, in the said accident, he had sustained grievous injuries. 3. As per the evidence of the doctor he had sustained 23% disability to the limb and 7% to the whole body. When it comes to the negligence of the driver of the offending vehicle is concerned, it is the case of the respondent-insurance company that IO has drawn to two sketches one is Ex.R-7 and other is Ex.P-4. In Ex.P-4 the offending vehicle is on the right side and in Ex.R-7 vehicle is on the left side. Basing on these two documents they have denied the negligence on the part of the driver of the offending vehicle. The Tribunal had considered the evidence of the IO and two sketches that is Ex. R-7 and Ex.R4. The Tribunal observed that though RW-3 is examined by the Insurance Company, he has also not given any explanation why two mahazars and two sketches came into existence. But the contents of two mahazars are one and - 5 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 the same and why sketch is different. On going through the contents of mahazar in detail, it reflects that the respondent No.1 driven the vehicle in a rash and negligent manner and caused the accident and further proceeded and turned turtle. Accordingly, the Tribunal held that the accident had happened because of the rash and negligent driving of the driver of the offending vehicle and the same is ensured with the insurance company and the insurance company liable to pay the compensation. 4. Coming to the compensation, considering the injuries and the tribunal had taken the salary at Rs.6,000/- and granted the compensation of an amount of Rs.3,65,680/- as per the table given below: Heads Compensation Awarded Rs. Rs. Rs. 1. Pain and Suffering 2. Medical Expenses 3. 4. Conveyance attendants and nutrition Loss of income during laid up period Rs. 5. Loss of Amenities Rs. 6. Permanent Disability Physical Rs. 35,000/- 1,86,000/- 20,000/- 24,000/- 15,000/- 85,680/- TOTAL Rs. 3,65,680/- - 6 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 5.The insurance company is questioning the liability and then negligence and the claimant is seeking enhancement of the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. The tribunal had rightly considered Ex.R-7 and Ex.P-4 and also both discloses that there is a rash and negligent driving. Just because that two mahazars and two sketches are drawn basing on that insurance company cannot contend that there is no negligence on the part of the driver, in fact, the said driver is charge sheeted. Under those circumstances, this court do not find any grounds to interfere on the aspects of liability and negligence. The tribunal had rightly held that because of the rash and negligent driving of the offending vehicle, the accident had taken place. 7. Then coming to the cross appeal of the claimant, seeking the enhancement of the compensation, considering the two injuries sustained by him under the head of pain and suffering this Court is granting an amount of Rs.60,000/-. He was impatient for a period of 49 days towards conveyance, attendant and Nourishment this court is granting an amount of Rs.50,000/-. Towards medical expenses, the tribunal - 7 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 basing on the evidence had granted an amount of Rs.1,86,000/-and there are no grounds to interfere. Coming to the loss of earning during the laid up period, learned counsel submits that he did his M.Tech and he submits that he was earning Rs.16,000/- the tribunal ought to have taken the said amount and it is submitted that in several cases the court had taken ₹15,000 in case of M.Tech graduate. In this case when it is a case of the claimant that he is earning he has to place before the court the evidence in that regard. If the evidence is not placed, then the court has to take the notional income and this Court is taking Rs.7,000/- as income. Towards loss of income during the laid up period this court is granting an amount of Rs.28,000/-. (Rs.7000 x4 = Rs.28,000/-). Coming to the loss of future earning and as per the doctor the disability is 7% taking multiplier at 17 this court is granting an amount of Rs.99,960/- (Rs.7000×12×17 x7/100=Rs.99,960/- ). Towards loss of amenities, this court is granting an amount of Rs.20,000/-. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA Vs. M. MALATHI - 8 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether, the claimant is entitled for an amount Rs.4,53,960/-. 9. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1 Pain and Suffering 2 Medical Expenses Rs. Rs. 35,000/- 60,000/- 1,86,000/- 1,86,000/- 3 4 5 6 7 8 Conveyance attendants and nutrition Rs. 20,000/- 50,000/- Loss of income during laid up period Loss of Amenities Rs. Rs. Loss of future earning Rs. Legal Expenses Permanent Physical Disability TOTAL Enhancement Rs. Rs. Rs. Rs. 24,000/- 28,000/- 15,000/- 20,000/- 00 00 99,960/- 10,000/- 85,680/- 00 3,65,680/- 4,53,960/- 88,280/- i) Accordingly, the appeal filed by the Insurance Company is dismissed and the Cross-Objection 1 (2014) 11 SCC 178 - 9 - NC: 2025:KHC:13434 MFA No. 3938 of 2015 C/W MFA.CROB No. 76 of 2015 filed by claimant is partly allowed by enhancing the compensation from an amount of Rs.3,65,680/- to Rs.4,53,960/-. ii) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. iii) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of eight weeks. iv) The amount is deposit shall be forthwith transmitted to the tribunal. v) 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. vi) No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 11