High Court Karnataka High Court

United India Insurance Co Ltd vs G H Chandrashekar S/O Chandru on 4 January, 2010

Karnataka High Court
United India Insurance Co Ltd vs G H Chandrashekar S/O Chandru on 4 January, 2010
Author: N.K.Patil And Gowda
IN THE HIGH COURT OF KARNATAKA AT 

DATED THIS THE 4m mu' OF JANUARY. $@1_Q'g

PRESENT

THE I-ION'BLE MR.JUSTI__C.E,__N. §.{;"1#;*r1I;"H    M'

AND

THE HONBLE MILJUSTICE B.siz_E ENIV;é.;¢sfgjV'G'owft5A  _

M.F.A.N0. 1 1 19*?» 2006 H{1\/mH
M.F.A.No";- 125891;-E 

In M.F.A.No. 11.1€:a7}%{:2;(:r_t)6;':. 
BETWEEN:__.   

United, India. I;'t1Si;.tan»c'e__C'0. ,' Ltd.,
Shankazj (Surayaj Narayéma Buiiding,
M. G. Rea-:1,Bangaim-eH.+.H~560 001.
By ifs Mané1ger'.~   '

~   "  Appellant

 .%   Adv.)

 1. ; G,M.'r1,vChan drashe1;ar,
" ~ »   Aged 2.f5"years,

A  S'/0, Chandru,

A  _ '  R--/a.;' Galihalii, Kaiasapura Post,

%  V V.  And District.

Lakke Hobli, Chickkamagaiur Taluk



AA   Smt. G. K. Sreevidya for Sri. T. N. Vishwanath,

2. Shanmuga Vadivam,
Major,
Parvathi Transport,
No.8, AKE Road,
Trichengonciu Taluk,
Nammakkala District.  , __   ._ .,
    Re4s'p'a'ndeni'ts 

[By Smt. G. K. Sreevidya f0r fl  A S '  v _ ,
Sri. T. N. Vishwana'th__, AdV.e._ 'r R. 1.;'" 

R-2 notice dispensec1..._With V/0'..dé1t§3d_. 

This MFA is filed _U/s. ..1a*3(1} "of MV Act against the
Judgment and award ---d's--ted'; 1.'-3,--C6_=»2006 passed in MVC
N0.7301/2004 on the fi1e; ()f 'A'dd1.--.Judge, Member
MACT--3, Court, of Sm--a1_i=. Cau_ses",. 'M.etrop0iitan mea,
Bangalore (SC:CH.--3],I awardingkka  compensation of
Rs.2,22,500/i._ interest @ 6% pa. from the date of
petition  _  

In M.I?;AM.'N"c... tj125é;fi.I2soe5  
BETwEf:1g At
, sn. '£1. chvandrgiéhekar,
~ 0- Chahdru..___. .

t _ V" Aged  years,
 --,Rv,/_a;.Ga'iiha11i, Kalasapura Post,

-- .    Chickkamagaloor Taluk,
' .  Chikkjsrrxangalore District.
  .  Appellant

Adv. for R. 1}

 &~



AND'

1. M/ s. The United India insurance C0,. Ltd.,

by its Regional Manager,

Regional Office, No.25.

Shankaranarayan Building,

M. G. Road,

Bangalore -- 560 001.

2. Sri. Shanmuga Vadivarn,   
W/o. K. Srinivasan, 1
Major, Parvathi Transport,

No.8, AKE Road,  
Trichengondu Taluk,
Namrnakkala District. '  jg

 .  Respondents

(By Sri. o. Mahes1i,V%i¢idi}.igrfn%'   
R.i:3--e,e-ii.ee°ziis§eiieeei.,fwii:§i V'/o dated 01.05.2007}

Tiiie'iiiviF2x is "iiiec1-ti'/e. 1_t7':3(l1) of MV Act against the
Judgment and '-a.ward>'d.ated:' -13--06-2006 passed in MVC
No.730 1'i/2004 on'thel'fil__e"..ot.'--~the VII Addl. Judge, Member
MACT-J3, *C4ourt""ofi"r,'Sm'all Causes. Metropolitan Area,
Bangalore (SCCH--.E5-), partly allowing the Claim Petition for

 compensation and' seeking enhancement of compensation.

 _v'i'h:ese*.,,A:appea1s coming on for hearing, this day,

N."i1jL VP.1jti1 JQ doirivered the following:

JUDGMENT

pp p These two appeals arise out of the same judgment

Gaward dated 13-06-2006 passed in MVC

ll .NoE.7301/2004 on the file of the V11 Addl. Judge, Member

AW.

E.-

MACT–3, Court of Small Causes, Metropo1itan_.__’Area,
Bangalore [SCCH~3), [hereinafter referred to as

for brevity).

2. The Tribunal by its judgmentand ‘_a”v’vardj.V’Vawardtedl”:3 ‘

sum of Rs.2,22,500/– with interest e%t”p.a.a.

date of petition tin the date””o:f””£ieposit._V_ agsagt the

claim of the Claimant

3. MFA No.1]._197/{:).8…:isV. ‘the”V”insurance Co.

contending is excessive
and the” reduced and MFA
No.1258_Q claimant contending that the

compensation avV’a.rded»- Tribunal is inadequate and

it reqtjiires enhancement.

V “:fa¢ets of the case are:

it was aged about 24 years, working as

drivei’.____Ad3~That on 23-9-02 at about 11.30 13.111. when he

‘vV§fas,_d.i’iVing his Ambassador Car bearing No.MEQ 1992 on

Dliarmapuriwsalem road, near Sanishamthaj, at that time,

a lorry bearing registration No. TAL.6406 came from
opposite direction with high speed in a rash and negligent

manner, and dashed against the car of the c1aimantJ’As a

result, the claimant sustained fracture of fe_rn’urf_’

right hip and other injuries. The doctor haseeseesee the»

disability at 35% to the right leg.:i.__Th_eesarrzeghdwas ‘acc.ep:Ec

and compensation Wag’ deteriniriedtovvardslvlossg of future
income, taking into of occupation
that the he cannot drive
the vehicle account of the injuries
sustaiijijedlll/ir”‘1e. thelvlclaimant was admitted as
inpatientv the more than 48 days and he

also un.derwent two surgeries. On account of the injuries

lxstlstained. the claiinant filed a claim petition. The sanie

consideration before the Tribunal on 13-

‘ _ 6–(l64«… The Tribunal after careful evaluation of the oral and

it Vgdociumentary evidence and other relevant material on

allowed the claim petition in part, fixing

it ” ‘contributory negligence on the part of the Claimant at 25%

/aw»
L

and awarded Rs.2,22,500/– with interest at 6% p.a.’ from

the date of petition till the date of deposit.

5. Being aggrieved by the impugned

award, the Insurance Company haS’pres–ented’Vthe’ a.pp<%a1 '

on the ground that the cornpensation awarded.

Tribunal is excessive and 'i.tp'""'require_s' be Vreducedf

whereas, the claimant has filed' appeal 'oontending that

the Tribunal has committed .awarding just and

reasonable towards loss of future income
and 1oss..of ineo'1ne___durii1g"laidapperiod and not awarding
any cornpensatioti..toward's=.1oss of amenities.

6. We tlae learned Counsel appearing for

~”=,_the;’3Ensi1i’ance”Company and the learned Counsel

papvpearing’ claimant for considerable length of time.

perusal of the judgment and award and

‘yafter critical evaluation of the material on record, it

“idemjerges that, the Tribunal has rightiy fixed contributory

,..,11¢A:Urieg1igence on the part we driver of the offending lorry

WMMAJ

I

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at 75% and 25% on the part of the claimant, by assigning

valid reasons in para 9 of the judgment. T hereforea,.’Fyge* do

not find any error or illegality as such,

Tribunal. Interference by this Court”is– .not’_:ca_llued»

8. However, the Tribunal has efredira not avvardiiig

and reasonable eompera.satio.n”w..towards ~…1goss”~,o’f'” future’

income. It is the _the he was aged
about 24 years a:d1*iy–e:r The Tribunal
has taken at Rs.3,000/– per
we accept the same.

The dotttor disability at 35% to the right

leg and ll?/ogto body. The Tribunal has taken

g_ thedisability at “35?/Q”.fOr the reason that the claimant is a

driVergbyVpro.sfes.sion and he has to pull on his life with this

disability, a driver by profession. Therefore, We

lupaeceptu tliesame. In View of the judgment of the Apex

A in Sarala Verma’s Case, reported in 2009 ACJ

1298, the proper multiplier having regard to the age of

/_,,.,…m»’

claimant is “18′ and not ’17’ as taken by the Tribunal.

Therefore, we redetermine the compens?iti0_.n._.”‘,at

Rs.2,26,800/~ (Rs.3,000/– x 12 x 18 x 35,’fi0o):’fttgdwgfuseii

loss of future income.

9. The Tribunal is justified

towards pain and sufferings, mevdicazl “”..;’expenses;’

conveyance, nourishing foodw-‘and. attendantv–.charges and

future medical expenses.-if’ isado not call for

inte1’ference..–w 2

10. Further, ergredd in not awarding any
compe:{1vsaticon’d’d’vi:owards4._:a1o.ss– {of income during laid up
period. it it is that the claimant has

undergone two surgeries and he was inpatient for more

Having regard to the nature of injuries

fact that the claimant underwent two

~V surgdgnerieéaa he might have taken rest at Ieast for about four

it Therefore, taking his income at Rs.3,000/~ per

4 WWWMW

month, for a period of four months, we award Rs. 12,000/-
towards loss of income during laid up period.

11. Further the Tribunal has erred in not awardin’g.any

compensation towards loss of amenities of 1ife.;””it..’i’s.. in

dispute that on account of the injuries~v-sustained,

claimant underwent treatment as

and also underwent two surgeries. ‘me disabi1iet3f.eassressedit >

by the doctor _35%'” :’=’i’he disability is

permanent__ The has to suffer the

discomfort his future life.

Th6f€fC;f€.’– award Rs.25,000/– towards

loss of aineriities of life;

12. the 1i’g’h._tJof the facts and circumstances of the

appeal filed by the Insurance Company is

the appeal filed by the claimant is allowed

‘V in The judgment and award dated 13~O6»~2006

‘2..fpasis*ed iii MVC No.7.’301/2004 on the file of the V11 Add}.

Member MAC’I’–3 Court of Small Causes,

mf
ii

the date of petition tiil the date of

i1*ea1Ii_sati~o§t’L_V ‘ V .

«, 4..:ejgI%£1ianced compensation :z7Rs./-10,600/»~ together with

Metropolitan Area, Bangaiore (SCCH–3], is hereby
modified. The breakup is as under : it it
a} Pain and sufferings Rs.

b) Medicai expenses     'Au

C] Loss ofincorne during     2  
treatment period    'Rs.  

(1) Loss of amenities of 25:,;00O/~
e] Future it ‘Rs. 13,000/-

I) Loss of future it 235,800/_
a total compensation of
Rs.2,68,A1{)O,/_~, asagaidusit”«Rs.2,22,500/~ awarded by the

Tribv_.~11a1_. ‘i’hev”eI1.’i1a1.i’eeii1ent comes to Rs.~*-10,600/– with

“Th’e.; ddlnsurance Co. is directed to deposit the

if/W

interest, Within a period of four weeks from the date of

receipt of copy of the judgment.

The enhanced compensation with pr0pé’rtion’ate
interest shall be reieased in favour of

immediately on deposit of the same”‘by«the,InstirVé;i1ce–‘Cof’-V’

Office is directed dra*a%”‘tne’jati/ifa rd, accordingly.

i m/2..

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