High Court Karnataka High Court

New India Assurance Company Ltd vs Iranna Appanna Kumbar on 17 February, 2010

Karnataka High Court
New India Assurance Company Ltd vs Iranna Appanna Kumbar on 17 February, 2010
Author: N.K.Patil And A.S.Pachhapure
 

IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT
DHARWAD. 

DATED THIS THE 17th DAY OF FEBRUARY 2010
PRESENT "u
THE HONBLE MR.JUsT1_CE .N4.K.£fAT:'L'7--}'   
AND V A A A
THE HON'BLE MR. JUSTIC'E)vA.SA.'i«"ACH_If{A15U_REH» 
Miscellaneous First Appea1_.1{g; 42:12 of zeoosuwfv)
Between: . A A A
New India Assurance 'Cvomp:any~ L:1i'Ac1.v "  A .
Represented by the Deputy =Ma§1ager'~. "  ..
No.2--B, Unity BuiIding'Anne:xe  _  
Mission Road, Banga1QTe' e 2'?'=.ff--,  

Representing New_I'nd§._a As;su.ra'riC'e.  
Belgaum """ "      

.. Appellant

(By Sri SharafiappaVVS:[£{CI1:vad,:"Advocate for Sri B.C.Seetharama
Ra0,AdvoCate}._L .   ' ,  ' A

And:

 1_. «Sri  Mfipanna Kembar

V Aged   years
Major, «Ka.1fi.r1Vjatigi3e1i, Talz Hukkeri

Belgaum = 

 2; Sri Bf1a.ramaepa Yallappa Chikodi
 Major, Islafrlpur, Hukkeri Tq.
' _:Beiga1;m .. Respondents

{By ‘}’3’.AS.Kamate, Advocate for R-1, R-2 served 82, unrepresented)

;’H’M

-5
E,

3. The Tribunal on appreciation of the oral and documentary
evidence and other material on the file has proceeded to award

exorbitant compensation towards loss of future income in a sum of

Rs.6,12,000/– taking the disability at 100% on the

injury sustained in the right foot. Contending flithati “the i

compensation awarded towards loss of ” .fu<turie–r_"i1'1c0_rn'e is

disproportionate and requires _ substa_nit'ia1 redaction 'after,

reappreciation of the evidence on record, the*–app.e1i.an't¢insurer is

before this Court in this appeai as statedisuipra.

4. We have h.earpd’:-1.ear§nedi ic’ounVsei’_jfoVr”theappeliant and the

learned counseiiifor»_the7iriespondenteciaimant. The owner of the

offending vehicle’-is an’d¥u~nrepresented.

5. After ciareiful perusal :’).._fi..”the judgment and award passed by

the Tribu;ijia1,”‘it is eIear___t_hat the date of the accident and injury

sustain’ed in ‘the_i’ac_cident are not in dispute. The doctor has

assessed’-.theiipierrnaneint physical disability at 27% in respect of the

right footandyhe has undergone treatment for a period of one week

iirupatiient in the hospitai and further the doctor has opined

that there is functional disability and he is unable to stand, walk
for long distance, run, lift weight, do laborious work, difficulty in

climbing, walking on slopey area and restriction of forefoot, toe

movement, deformity and swelling of foot. The Tribu~r1ia_l

looked into this aspect of the matter and_’ii”n,ot

compensation towards pain and suffering and ..loss -of amenities

4′

life and discomfort. Taking into consideration th1_e,:’dura{:l_or1, oi,

treatment, the pain and suffering suffered by”‘the”Ac.lai:rriant during’

the treatment period and th”e..,discoimfort; hehas tofsuffer, we can
safely redetermine the compensation;towairdisajjain and suffering

and loss of amenitiesqat. Rs§,40,(i)_:C)O,Rsi,f2h,OOO/– as against

Rs.31,000/fill re.stiectively awarded by the

Tribunal. —

6. Further, the Trhibunal ‘has erred in not awarding just and

reasonable icompeni’sa._tion towards loss of income during laid up

i’period’_._lt hvasyyaiwarded only Rs.3,000/–~. The same is inadequate

and ii’i’eqi1iresv e1i.har;’ce’ment. We have assessed the income of the

claimant”‘—-at lT_{.s.c’.:,”i500/– p.m. and we award a sum of Rs.l3,500/–

P9.1″_’iod”of three months aflqhe would not be able to work: on

/

3

account of rest advised by the doctor and followaup medical check-
up. The award of the Tribunal towards conveyance, nourishment
and medical expenses is just and reasonable and V-“remain

undisturbed.

7. Further the Tribunal has committed a

miscarriage of justice in awarding a sum ‘o’f»–Rs.6j_412_,0O@;’- te–W.a19’ds i

loss of future income taking into consideration the _Vin–c,ome_o*f..the

appellant at the rate of treatiiig the’

permanent disability at 100% contrary”vto”the evidence/ion record
and without assigning any va’lid.1*Aeasoln.:v ‘I’h’e.i:i_said reasoning cannot

be sustained and it i_sfi’liabie:’toiib’e:treje’cte_d threshold for the

reason thatlas –.a hof._fac_t”the clairnant–resp0ndent No.1 has

examined PW2*,,_ the ii(loctor”.gi2igeho has assessed the permanent

fuynctionailpdisability’ a.t:i27°/oi in respect of the right foot. The said

e’v.i_den’c.e can beaceepted as the claimant is a driver by profession

and ioni’aceo”unit*-.o_f injury sustained he may not be in a position

todrive ie’ffec*tiyelyl as he was doing earlier. It is not the case of the

“c.laimant__ that he has surrendered his driving licence. Therefore,

w_ie.’_ca.n”saifely accept 27% disability to the right foot to determine

T the-~compensation under the head loss of future income. The

Tribunai has erred in assessing the income of the deceased at

Rs.3,000/– pm. Since the accident is of the year 20_(?4Lw:e~.s_can

safely take the income of the deceased at Rs.4,500/–_.

appropriate multiplier would be 17. Therefore _t’i1′<:=

under the head Ioss of future income A.list,'deiterrriinedigat

Rs.2,4'7',860/– (Rs.4500 x 27/iaox algalinsf.

123.6, 12,000/– awarded by the Tribunal};

8. For the foregoing re-a_ls:ons’i,_ appeal filed by the
insurer is allowed ingpart. _.T}i.§–.jmipguVgriie’d and award

passed by the as:_liu.nd.er:”””‘

1 Loss of future —- ‘ ‘ Rs.2,24’7,86O

2 injury-,._4pa1n”‘an.d.§~,{ii’f¢:ifig Rs. 40,000 /-

_ . .:Vledical eiixpensesg. Rs. 10,000/–

. Covnv.e3ra’nc_e, nourishing food and Rs. 13,000/-
‘ ‘V . iatVt’e:ida.nt_c’3n.arges

5 ii 2 = Loss of._ir1porne during Eaid up period Rs. 13,500/–

6 –V oilamenities Rs. 25,000/–

V as Total Rs.3,49,360/–

AM

(i) The total compensation of Rs.3,49,36O is awarded as

against Rs.6,84,000/ — awarded by the Tribunal.

(ii) Out of the reduced compensation of

/’
correc ted * 1 ant-claimant.

Vida Ofdaf 5 2nd appellan ‘in a nationalised bank/ se_heduleid i’E2a.n}i<i'foir"§i'=..pei:1iod
dt:.l€).O3.2G16 L_~//D '~ .

// in)/with proportionate interest shall be deposited iri”tlie::’nairn.e’*oi’ the”.

for a period of five years renewable ifor another period’ {Eye xjears, V F

(iii) The claimant is permitted the interest.

(iv) The remaining kwithiiproportionate
interest shall be released in

(V) Draw up ”

(vi) It is arnount deposited by the

-‘=119l3’311¢’=1F1t’iI:.lii5»i1ilii1:€i_i”ii appellant. Further the
statutory insurer shall be transmitted to

the Claims Tribune liifortihwiithi ii

Sdf-a
Judge

Sela}
tease

NKPJ 85 BSGJ:

10.03.2010

Order on ‘for being spoken to’
in M.F.A.No. 4712 of 2005

The instant matter is posted ‘for being~V”s-picket}: to’. “I171

paragraph 8(ii) third line of the judgment

typed as ‘2nd appellant’ instead of ‘3,i=’–.respdhe1’e’nt–c1a»ir1″zaht’;
be read as ‘ls? responclent~cIaimant’;H’uflffice ‘directedvvito Carry out
the corrections and issue fresh..cer.’tifiet1″‘cQp§}’of the jueigment to the

counsel for the parties.

56%:

Eaiga

A’ …..