M/S Oriental Insurance Co Ltd vs Shivalingawwa on 23 February, 2010

EN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH A

DHARWAD.

DATED THES THE 23% DAY OF FEBRUARY 2010  ~

BEFORE

THE HONBLE MR.JUSTECE »N.K,PATiiI'ifi'  1'

Miscellaneous First Appeal No:;'1.197I'_'3'*ef     A

Between:

M/ s Oriental Insurance Co. L1;d.,
Kirloskar Road, Belgaum, J

Represented by its Deputy Ma'na'ge'r;--.L  iv '4

M/s Oriental Insurance Co. Ltd.,  V

Regional Office, Bangalore.  = V

(By Sri MK. Souciagar, .:4'§el'x_'z_oc'.«:"':i1".re)::  _. 3  

And:

1. Smt. Shivaiingaizrwaf _ 

W / o Rudrappa Kadabi  Koiur,

Aged 45 years, "H ; »_ .
Occ: Fpodgrain V E£L1sine'«_3s, '
R/ Q. inchal, Suridatti Taluk.

2}. V Shri Basheeffihamed
 _ Fiahemiankhanv f'-athan,
" Ag'-e_<_i .55 y<2ars.,:f V V 
Oec:'Driver",'i_K;S.R.T.C. Depot,
Bai'i'hongai- {iiriver of KS RTC).

---  The Divisional Manager,
 K.SIR.T.C. Belgaum Division,
'Bel-gaum.

   Naganagouda eerappa

v//,1



Hulapalle, Aged Major,
Occ: Driver, r/o Vakkund,
Bailhongal Taluk, Driver of Goods Tempo.

5. Shri Veerappasiddararnappa Hulapalie,
Aged Major, Occ: Business, .
R/ o Vakkund, Bailhongal Taluk.

(By Sri P.G.Chikkanaragund, Advocate for R513 .. 3 l

..;'Resp'ondents  

This miscellaneous first appeal.__is fi1ed_u/ s   

against the judgment and award dt, 19.11.2Q04--._pa.ssed in MVC
No.16"/'2 /2000 on the file of the Civil Judge {'Sr.Dn.) and Addl.
MACT, Saundatti and etc.     

This appeal Corning  day, the Court
delivered the following: * f '   _ 

The instaiiitl   against the impugned
judgment  :5.  passed in MVC
No.176/2000ll'*on = the  MACT, Saundatti wherein the
Tribunal has awarded  l?s.2,41,000/- with interest at 8%
per'annu5'*o;3...ig1ccounAtxlofthe injuries sustained in the road traffic

accidentr'  'The."coinpensation awarded is exorbitant and

'Vi'egiisproportionateltothe nature of injuries suffered and liable to be

Psuébstantially reduced. Hence the present appeal by the insurer.

   2}fI'he brief facts of the case are:

[L



Lo.)

The claimant is aged about 40 years. She is doing business

in green gram and going frequently to the shandy in diffegrent

villages. On 05.08.2000 at about 12.30 hours when

travelling in a tempo, near Anigol on Bai1honga1~Be1w.adivRoad"th§. 

tempo was being driven by its driver a-rash and-jnegv1--.igent

manner with high speed and the KSRT

378 driven by its driver in a rash andnegligent__manri.er'came"from 

the opposite direction and dashedx.a.gainst~~..the lgoodsjfehicle in
which the appellant was travelling. a:i_dff.a::s  of this impact the
inmates of the bus farid  susstainedhirijuries. The 15'

respondent--c1aim__an.t».  _fractu,refof leg below the knee

and left leg  toilc.§'£ii'¢i-- parts of the body. She
was immediately hospital Bailhongal and
thereafter shiftedilto  treatment of fracture. She has
undergorielitreaitnaent  a------period of 10 days as an impatient. It is

thebcgaseiiof iptiiedalppelliant that she has spent considerable money

' i'e~_t.owardsAIriedicaI'e::15enses, conveyance and attendant charges on

_h~.account of t.he«._injury sustained in the road traffic accident, she

«ipéilediijaiigclaim petition u/ s 166 of the Motor Vehicles Act seeking

._HA«4j..g91-figéiflisation. The said clai  p before the Tribunal and



the Tribunal in turn after assessing the oral and documentary

evidence on record allowed the appeal in part awarding arsum of

Rs.2,41,000/- with interest at 8% per annum 

petition till the date of realisation on different drag' it

compensation being excessive and disp:.'oportiopn'ate.;'topithervnature

of injuries sustained, the appellant~insu'rer'*.i_s befo_re"us'~ in "this,

appeal.

3. I have heard learned.;:c'o1.1nsel t.he:ap.pel1ant--insurer and
the learned counsel for the resp_on".dent~clai1nant--; After careful

perusal of the judégnjent igangd--r.7aWard:_"*uthefi compensation of

Rs. 10,000/--.    medical expenses and
Rs. 10,000 /- towards  is just and reasonable and

do not callfor interference. 

  the Tribunal has erred in awarding Rs.45,000/--

toward.s'«.i'_pain:i:"and.ii'ps.uffering and another sum of Rs.45,000/-

Vtoavards 'loss,fo'f,amenities and discomfort is excessive as the

 hasundergone hospitalisation for only 10 days and the

i"dor_tor ihasiiassessed the disabi' at 45% to the right lower limb

/



and 30% to the whole body. The whole body disability taken at

30% is on the higher side. If at all it has to be taken it sholu'ld"not

be more than 15% i.e., 1 /3 of 45% as per the well  

down by Apex Court and this Court in a ho-st"'of:'gj1.1idgIiieVnts.ii'

Therefore I feel it is just and proper to aiz;:ard.:"a  3

towards pain and suffering and': toi§}aifd.s_ loft'

amenities.

5. Further the A'I"ribuna1V_Vhas grave error in
awarding a sum  of future income
taking the iI'lCOI'£'1i8:vV~ pm. and taking
30% disabil:}'t3i}iiiVtc5c*   monthly income of the
claimant at theirate of is on a lower side as the
accident isof the"~yearc2'0Cii(3ii having regard to the age and
Q_ccu.patioini'~of_A-the.clairriantwho is doing business in selling green

gralrngigoingi _fr"or_n iiiiiage to village whenever there is a shandy, she

 objectiife andejorfimitted in her quest for survival, taking all

bthese factors into consideration the income of the claimant is

 the rate of Rs.3,000/~ pm. and the whole body

.i"iif:ii_s'abi1ity  taken at 15% as stated supra and the appropriate

/



multiplier to be applied is 15 and a sum of Rs.81,000/-- is awarded

as against Rs.1,20,960/- (Rs.3000 X 15/ 100 x 12 X 15) award-ed by

the Tribunal.

6. Having regard to the facts and circumstancesjof'  

the instant appeal is allowed in part. Themimpugneci   'V . 

award is modified in the following termsig

Future loss of inconleg  '

 -- 'Rs. 0,231,000/--

Injury,     

Rs. 0,530,000/--

Medical_VVex;enses '  '

Rs. o,10,o00/-

Crvjnvefarioe andpiattenidant charges

Rs. 0, 10,000/--

Loss of'amenities.  

Rs. 0,530,000/_

.

5.» ”

Total

RS.1,5l,000/-

—–v?

a sum of Rs.1,51,000/– is awarded as

i cornprniisation as against a sum of Rs.2,41,000/–

“awarded by the Tribunal. Total compensation is

. reduced in a sum of Rs.90,000/–.