Research › Search › Judgment

Karnataka High Court · body

2019 DIGILAW 2040 (KAR)

New India Assurance Co. Ltd. v. Prabhugouda

2019-09-23

N.K.SUDHINDRARAO

body2019
JUDGMENT : N.K. SUDHINDRARAO, J. 1. Accepting the cause shown, the delay of 214 days in filing the cross objection is condoned. Accordingly, I.A. No. 1/2017 is allowed. This appeal and cross objection are set down for admission, with the consent of both the parties, the matters are taken up for disposal. 2. The appeal and cross objection arising out of MVC No.381/2010, wherein the claim petition came to be allowed in part and compensation of Rs.8,56,389/-came to be awarded to the claimant-injured. 3. The insurance company is challenging the quantum claiming the amount granted is on the higher side and the cross objection by the claimant for enhancement and to grant interest at the rate of 6% p.a. 4. The incident that gave raise to initiating the proceedings before the Tribunal is petitioner who is advocate and horticulturist. On 23.03.2009 at about 8:00 a.m. petitioner was riding motorcycle bearing registration No.KA-36/R-5038 on Mudgal-Tavaragera road, when he was near one Aminsab's land, a lorry driven by respondent No.1 bearing registration No.AP-13/W-5648 in a rash and negligent manner dashed against the motorcycle because of which the petitioner sustained grievous injuries. He claims to have sustained serious injuries and incurred expenditure of an amount of Rs. 1,50,000/- towards medical expenses and also incidental and also was earning Rs. 15,000/-per month. 5. Learned Member after hearing both the parties, considered monthly income at Rs. 10,000/- per month. He is aged about 30 years. The disability is considered at 40% to the whole body. The injuries sustained by the claimant are as under: (1) Cut lacerated wound over right knee extending from upper pole of patella laterally to medical aspect of upper end of tibia. Gross contamination with mud and stones present, underlying soft tissue crushed. (2) Fracture of inferno lateral aspect of patella (right). (3) Fracture of Bicondylar with avulsion fracture of intercondylar ominence of posterior fracture. (4) Fracture of styloid process of right radius. (5) Fracture of base of 2nd, 3rd, 4th with neck of 2nd and 3rd metacarpal, right hand. (6) Dislocation of I Metacarpal, carpal joint. (7) Fracture of lateral malleoulus of fibula right side. He was operated for the above said injuries as follows. (a) Wound debridation and suturing along with applicable of slabs on 23/03/2009. (5) Fracture of base of 2nd, 3rd, 4th with neck of 2nd and 3rd metacarpal, right hand. (6) Dislocation of I Metacarpal, carpal joint. (7) Fracture of lateral malleoulus of fibula right side. He was operated for the above said injuries as follows. (a) Wound debridation and suturing along with applicable of slabs on 23/03/2009. (b) Closed reduction and internal fixation with concealed screw for fracture of tibia with closed reduction of internal fixation with K-wire for his dislocation of 1st Metacarpal joint on 07/04/2009. (c) Other fractures are treated with plaster of Paris. 6. Learned counsel for the appellant-insurance company submits that compensation is assessed on the higher side without considering the income and the expenditure of the petitioner. 7. Per contra, learned counsel for claimant Sri Babu Metagudda, would submit that no doubt the matter was remanded and the proceedings were conducted by the Tribunal for the second time and there is no justifiable reason in withholding interest from 23.09.2011 to 05.04.2016 and that has to be rectified and over all compensation deserves to be increased. 8. The break up of compensation awarded by the learned Member is as under: 1. For pain and suffering Rs. 50,000/- 2. For medical expenses Rs. 99,989/- 3. For loss of earnings during the period of treatment for a period of two months @ Rs. 10,000/- per month Rs. 20,000/- 4. For traveling expenses Rs. 22,400/- 5. For attendant charges Rs. 6,000/- 6. For special diet and nutrition food Rs. 6,000/- 7. For future medical expenses Rs. 40,000/- 8. For loss of future earning capacity due to permanent physical disability cause to the extent of 8% of whole body of petitioner Rs. 6,12,000/- Total Rs. 8,56,389/- 9. In this connection considering the depth and gravity of the injuries, it deserves to be enhanced. 10. Compensation towards pain and suffering deserves to be at Rs. 1,00,000/- with enhancement of Rs.50,000/-. In future medical expenses the petitioner deserves Rs. 1,00,000/- is against the present quantification of Rs.40,000/-. Towards loss of amenities a sum of Rs. 1,00,000/- be payable. 11. Learned counsel for the insurance company would submit that the petitioner is practicing advocate. 12. However, learned counsel for the claimants would submit that the practicing of the profession has been substantially affected due to disability sustained by the claimant. 13. Towards loss of amenities a sum of Rs. 1,00,000/- be payable. 11. Learned counsel for the insurance company would submit that the petitioner is practicing advocate. 12. However, learned counsel for the claimants would submit that the practicing of the profession has been substantially affected due to disability sustained by the claimant. 13. In the context and circumstances, I find the monthly income has been taken in its proper perspective. The enhancement of compensation is as under: 1. For pain and suffering Rs. 1,00,000/- 2. For medical expenses Rs. 99,989/- 3. For loss of earnings during the period of treatment for a period of two months @ Rs. 10,000/- per month Rs. 20,000/- 4. For traveling expenses Rs. 22,400/- 5. For attendant charges Rs. 6,000/- 6. For special diet and nutrition food Rs. 6,000/- 7. For future medical expenses Rs. 1,00,000/- 8. For loss of future earning capacity due to permanent physical disability cause to the extent of 8% of whole body of petitioner Rs. 6,12,000/- 9. Towards loss of amenities Rs. 1,00,000/- Total Rs. 10,66,389/- 14. Thus, the total enhancement for which the claimant is entitled comes upto Rs.2,10,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. 15. In this connection, I do not concur with the approach of learned Member in withholding the interest from 23.09.2011 to 05.04.2016 period. 16. The learned Member was right in allowing the claim petition erred in quantifying the same in proper perspective. Accordingly, I pass the following: ORDER: (i) The appeal preferred by the insurance company in MFA No.200131/2017 is hereby rejected. (ii) The appeal preferred by the claimant in MFA Crob No.200071/2017 is hereby allowed in part. (iii) The compensation amount is increased by Rs. 2,10,000/-. (iv) The insurance company is directed to deposit the balance compensation amount together with interest including the enhancement together with interest at the rate of 6% p.a. from the date of petition till the date of realization. (v) However, the claimant shall not be entitled interest on the amount of compensation granted towards future medical expenses. (vi) The amount in deposit, if any, by the insurance company is directed to be transmitted to the Tribunal.