ARUN KUMAR N M vs CHOLA MANDALAM MS GENERAL INSURANCE CO LTD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(Kar) 38581

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3824 OF 2019(MV-I)
BETWEEN:
ARUN KUMAR N.M., S/O MUNIRAJA N., AGED ABOUT 24 YEARS, R/AT NALLURU-VG, REDDIHALLI-POST, DEVANAHALLI-TQ, BANGALORE DIST - 562 110.
…APPELLANT (BY SRI. P. SURESH, ADVOCATE)
AND:
1. CHOLA MANDALAM MS GENERAL INSURANCE CO.LTD., 6TH FLOOR, (LEVEL-9), GOLDEN HEIGHTS COMPLEX, 59TH CROSS, INDUSTRIAL SUBARB, RAJAJINAGAR 4TH BLOCK, Digitally signed by BANGALORE - 560 010.
RAMYA D Location: HIGH COURT REPT. BY ITS INCHARGE MANAGER.
OF KARNATAKA
2. RESHMA NAIK, W/O S. SALEEM, MAJOR IN AGE, R/AT NO.9-70-13-12, NANDI SETTI STREET, B.KOTHAKOTA, CHITTOOR, MADANAPALLE, ANDRA PRADESH - 517 325.
…RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R1;
R2 - NOTICE DISPENSED WITH VIDE ORDER DATED
02.01.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20/03/2019, PASSED IN MVC NO.1443/2018, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-7), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by the claimant challenging the judgment and award dated 20.03.2019, passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-17), in MVC No.1443/2018, seeking enhancement of compensation awarded by the Tribunal.

2. The factum of accident, injuries sustained by the claimant and coverage of insurance are not in dispute. 3. Heard the arguments of both sides and perused the records.

4. In the present case, the Tribunal has awarded compensation as under:

1	Towards pain and suffering	Rs.60,000/-
2	Towards attendant charges, extra food and conveyance expenses	Rs.6,000/-
3	Towards medical expenses	Rs.59,307/-
4	Towards loss of income during laid up period	Rs.20,000/-
5	Towards loss of income due to permanent disability	Rs.2,16,000/-
6.	Towards loss of future amenities and happiness	Rs.30,000/-
7.	Towards future medical expenses	Rs.30,000/-
	Total	Rs.4,21,307/-

5. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries:-

i. Right index finger proximal phalynx fracture.

ii. Right hand 3rd metacarpal bone fracture.

iii. Right hand undisplaced shaft of 4th metacarpal fracture.

iv. Right femoral condyle osteochondral fracture.

6. The Tribunal while determining the compensation has not adopted the correct parameters. Hence, claimant is entitled for compensation.

7. Considering the nature of injuries sustained by the claimant and the fact that he was working as a Brand Promoter at Shopper Shop, the compensation of Rs.60,000/- awarded by the Tribunal under the head ‘Pain and sufferings’ is on the lesser side. Hence, the same is enhanced to Rs.75,000/-.

8. The compensation awarded under the head ‘Medical Expenses’ is as per the medical bills produced by the claimant and the same is kept intact.

9. The Doctor has assessed the whole body disability suffered by the claimant at 20% but the Tribunal has taken only 10% disability towards whole body. Considering the nature of injuries as discussed above and the claimant was Brand Promoter at Shoppers Shop, it is just and proper to consider 15% disability towards whole body. The accident is of the year 2018. The notional income of the claimant is to be taken at Rs.12,500/- per month as recognized by the Karnataka State Legal Services Authorities. The claimant was aged about 23 years. The appropriate multiplier applicable is '18'. Therefore, 'loss of earning capacity due to disability' is re- assessed and quantified as Rs.4,05,000/- (Rs.12,500 x

15% x 18 x 12).

10. The Tribunal has awarded a lesser sum of Rs.20,000/- under the head 'Loss of income during laid up period and rest period'. Considering the nature of injuries and fracture sustained by the claimant, the same is enhanced to Rs.75,000/- (Rs.12,500/- x 6 months).

11. The Tribunal has awarded a lesser sum of Rs.6,000/- under the head 'Attendant charges, food, nourishment and conveyance'. The same is enhanced to Rs.25,000/-.

12. The Tribunal has awarded a lesser sum of Rs.30,000/- under the head 'Loss of amenities'. The same is enhanced to Rs.40,000/-.

13. The compensation awarded under the head ‘Future Medical Expenses’ is just and proper and the same is kept intact.

14. Thus, in all, the appellant/claimant is entitled for total compensation under various heads as follows:

1	Towards pain and suffering	Rs.	60,000/-	75,000/-
2	Towards attendant charges, food, nourishment and conveyance	Rs.	6,000/-	25,000/-
3	Medical expenses	Rs.	59,307/-	59,307/-
4	Loss of income during laid up period	Rs.	20,000/-	75,000/-
5	Loss of income due to permanent disability	Rs.	2,16,000/-	4,05,000/-
6	Loss of future amenities and happiness	Rs.	30,000/-	40,000/-
7	Towards future medical expenses	Rs.	30,000/-	30,000/-
	TOTAL	Rs.		4,21,307/- 7,09,307/-

15. The Tribunal has awarded compensation of Rs.4,21,307/-, but the appellant/claimant is entitled for total compensation of Rs.7,09,307/-. Hence, the appellant

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