Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100443 OF 2022 (MV-I) BETWEEN: THE BRANCH MANAGER, M/S. NEW INDIA ASSURANCE CO. LTD., BALLARI, NOW REPRESENTED BY DULY CONSTITUTED ATTORNEY (S) NEW INDIA ASSURANCE COMPANY LTD., HUBLI, DIST. DHARWAD …APPELLANT (BY SRI M.Y. KATAGI, ADVOCATE) AND:
1. KURUBARA SOMA S/O. HANUMANTHAPPA, AGE. 27 YEARS, OCC. EX-OPERATOR IN STONE CRUSHER, R/O. HALAGAPURA VILLAGE, H.B. HALLI TALUK-583212, BALLARI DISTRICT.
2. SACHIN G.S. S/O. SHANMUKHAPPA GC,
Digitally signed by AGE. MAJOR, DRIVER OF BOLERO JEEP MALLIKARJUN RUDRAYYA BEARING NO.KA-35/M-4583, KALMATH R/O. GURUKRUPA STONE CRUSSER, Location: HIGH COURT OF MASGAL VILLAGE, HOSANAGAR TQ.-577418 KARNATAKA SHIVAMOGGA DISTRICT.
3. GURUPRASAD S/O. BASAVALINGAPPA GOUDA,
AGE. MAJOR, OCC. OWNER OF THE BOLERO JEEP BEARING NO.KA-35/M-4583, R/O. BASAVANABHEEDH, ANANDAPURA HOBLI, SAGAR TALUK-577401, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI HANUMESH M.DESAI, ADVOCATE FOR R1; R2-SERVICE OF NOTICE DISPENSED WITH; NOTICE TO R3 IS SERVED) -2- THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THE APPEAL AND SETTING ASIDE THE JUDGMENT AND AWARD DATED 28.10.2021 PASSED BY THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, AT: HAGARIBOMMANAHALLI, IN MVC NO.836/2019 WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal.
2. This appeal is filed by the Insurance Company
challenging the judgment and award dated 28.10.2021 passed in MVC No.836/2019 by the Senior Civil Judge and Member, Motor Accident Claims Tribunal-XIII, Hagaribommanahalli (hereinafter referred to as ‘the Tribunal’ for short) seeking to reduce the compensation awarded by the Tribunal.
3. Heard the arguments and perused the material placed before the Court. -3-
4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.
5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries.
1. Fracture to right humerus shaft.
2. Fracture to right radial, median and musculocutaneous nerve injury.
6. The tribunal has awarded compensation under various heads as under: Sl. Heads. Amount in No. (Rs.)
1. Towards loss of future income. 2,65,680/-
2. Towards medical expenses. 14,867/-
3. Towards pain and suffering. 1,00,000/-
4. Towards travelling expenses. 50,000/-
5. Towards food, nourishment and 50,000/- attendant charges.
6. Towards loss of amenities. 60,000/-
7. Towards loss of income during 41,000/- laid up period. Total: 5,81,547/- -4-
7. Considering the nature of injuries sustained and
the compensation awarded by the tribunal, towards pain and suffering, travelling, incidental expenses and loss of amenities in life, the compensation is on higher side. Therefore, the compensation awarded by the Tribunal towards pain and suffering, incidental charges i.e., food, nourishment and attendant charges, travelling expenses, and loss of amenities required to be reduced by modifying the
judgment and award passed by the Tribunal .
8. Considering the injuries sustained, a
compensation of Rs.40,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. Rs.9,000/- towards travelling expenses and Rs.20,000/- towards incidental expenses like food, nourishment and attendant charges etc., by reducing the amount of compensation awarded by the Tribunal under these heads.
9. Further, the compensation awarded by the Tribunal under other heads is found to be just and proper. Therefore, same are kept intact. -5-
10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. Heads. Amount in No. (Rs.)
1. Towards injuries, pain and 40,000/- suffering.
2. Towards medical expenses. 14,867/-
3. Towards loss of amenities. 40,000/-
4. Towards loss of income during 41,000/- laid up period and medical treatment period.
5. Towards incidental charges like 20,000/- attendant charges, food, nourishment, conveyance, etc.,.
6. Towards loss of future income. 2,65,680/-
7. Towards travelling expenses. 9,000/- Total: 4,30,547/-
11. The Tribunal has awarded interest at the rate of
8% p.a. which is on higher side. Hence, the same is scaled down to 6% p.a. since this Court is consistently awarding interest at the rate of 6% p.a. only. Therefore, the claimant is entitled for total compensation of Rs.4,30,547/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.5,81,547/- awarded by the Tribunal. The Insurance Company is directed to -6- deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.
12. In the result, I proceed to pass the following:
ORDER
i. The appeal is allowed in part. ii. The judgment and award dated 28.10.2021 passed in MVC No.836/2019 by the Senior Civil Judge and Member, Motor Accident Claims Tribunal-XIII, Hagaribommanahalli, stands modified. iii. The claimant is entitled for total compensation of Rs.4,30,547/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v. No order as to costs. vi. Draw award accordingly. -7- vii. Amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal. viii. Excess amount if any, deposited by the Insurance Company shall be refunded to it. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 28