The Manager United India Insurance Co Ltd v. Sri Manjunath

((((((((((((HC-KAR, NC:(2026:KHC:42237( MFA(No.(7234(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010563352023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(10 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.7234(OF(2023(MV-I)(

BETWEEN:(

THE,MANAGER,UNITED,,

INDIA,INSURANCE,CO,LTD.,, BRANCH,OFFICE,,CRESCENT,COURT,, K.M.,ROAD,,CHIKKAMAGALURU,CITY,,

REP.,BY,ITS,DIVISIONAL,MANAGER., …APPELLANT, (BY,SRI.,BHUVAN,,ADVOCATE,FOR, ,,,,,,SRI.,ANUP,SEETHARAM,RAO,,ADVOCATE),

, AND:(

1., SRI.,MANJUNATH,, S/O,SRI.,RAMA,BHOVI,,

OCC:COOLIE,, AGED,ABOUT,21,YEARS,, R/O,DONNEKORANAHALLI,,

KADUR,TALUK,,Digitally signedtiby CHIKKAMAGALURU,DISTRICT,–,577,140., REKHA0R , Location: High0Courttiof NOW,AT,R/O,SRIDHARS,COOLIE,LINE,, Karnataka G.,HOSAHALLI,VILLAGE,, GONIBEEDU,HOBLI,, MUDIGERE,TALUK,–,577,131., ,

2., SRI.,H.R.,NAGARAJ,, S/O,LATE,H.A.,RAMEGOWDA,, AGED,ABOUT,59,YEARS,, RESIDENT,OF,INDIRANAGAR,, BILAGULA,, MUDIERE,TOWN,–,577,550., (RIDER,AND,OWNER,OF,MOTOR,, ((((((((((((HC-KAR, NC:(2026:KHC:42237( MFA(No.(7234(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010563352023( ( ( CYCLE,NO.KA-18/EB-1769), …RESPONDENTS, (BY,SRI.,VINOD,GOWDA,,ADVOCATE,FOR,R1,, ,,,,,,,R2,SERVED,AND,UNREPRESENTED), , , THIS, MFA, IS, FILED, UNDER, SECTION, 173(1), OF, MV, ACT,1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:02.08.2023,,,PASSED,IN,MVC,NO.66/2020,ON,THE,FILE, OF,THE,SENIOR,CIVIL,JUDGE,AND,JMFC,,M.A.C.T.,,MUDIGERE,,, AWARDING, COMPENSATION, OF, RS., 6,42,000/-, WITH, INTEREST, AT, 6, PERCNET, P.A.,FROM, THE, DATE, OF,PETITION, TILL,DEPOSIT.IN,TIME.,,C.F.,SUFFICIENT.,,,, ,, , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, ,HON'BLE,MR.,JUSTICE,T.M.NADAF, ORAL(JUDGMENT( , This, appeal, by, the, insurer, calling, in, question, the, judgment, and, award, dated, 02.08.2023, passed, by, the, 1Senior,Civil,judge,&,MACT,,Mudigere ,,in,MVC,No.66/2020.,, The, Tribunal, under, the, impugned, award, granted, compensation,of,Rs.6,42,000/-,with,6%,p.a.,interest,from, the,date,of,petition,till,realization.,,This,appeal,is,directed, only, on, quantum, seeking, reduction, in, compensation, awarded,by,the,Tribunal.,,, ,

For,short,'Tribunal',,

¶2The parties are referred to as per their ranking before the Tribunal.

¶3Heard Sri.Bhuvan, learned counsel appearing for Sri.Anup Seetharama Rao, learned counsel for the insurer and Sri.Vinod Gowda, learned counsel appearing for the claimant/respondent No.1. Perused the entire appeal papers.

¶4Sri.Bhuvan, learned counsel mainly submitted on the point that in view of the admission by the claimant in his cross examination that he continued his work in the garden of one Sri.Sridhar Gowda and continued to be paid salary by Sri.Sridhar Gowda, there cannot be any disability. He further submits that the Tribunal has considered the disability at 12% instead of 1/3rd of 34%. The Tribunal must have taken 1/3rd of 34%, at 11.33% rounded off to 11% instead of 12%. As such, he sought to allow the appeal.

¶5In contrast, Sri. Vinod Gowda, learned counsel with all vehemence submits that since the disability comes to 11.33%, the Tribunal has properly considered the same at 12% and awarded the compensation. He further submits that the Tribunal has not properly awarded adequate compensation under the head 'Pain and Suffering' and 'Loss of Amenities' and sought to consider the same under the concept of just compensation and sought to dismiss the appeal and modify the judgment and award by considering his contention towards 'Pain and Suffering' and 'Loss of Amenities'.

¶6It is no doubt true that as per the evidence of the doctor the disability shown is 34%. The Tribunal though has stated that 1/3rd of the limb disability should have been taken in respect of whole body, however, committed an error in considering the same at 12% instead of 11.33%, which should be considered as 11%.

¶7So far as contention that the claimant continued his work with the Sridhar Gowda at his garden is concerned, he being a coolie, the said contention will not come in the way of considering the disability. The compensation awarded under the beneficial legislation shall be within the four of the concept of just compensation.

In that view of the matter, the compensation awarded by the Tribunal requires reconsideration.

Accordingly, the compensation is reassessed as under: Sl. No. Particulars Compensation awarded by the Tribunal Compensation awarded by this Court Pain and suffering Rs.30,000/-Rs.40,000/-Loss of amenities and happiness and frustration of life and inconvenience (Since there are loss of two fingers which being a schedule injury) Rs.40,000/-Rs.50,000/-Medical expenses Rs.12,000/-Rs.12,000/-Conveyance, attendant, food, nourishment charges Rs.10,000/-Rs.10,000/-Loss of earning during laid up period Rs.42,000/-Rs.42,000/-Loss of future earning (Rs,19,600/-x 12 x 18 x 11%) Rs.5,08,000/-Rs.4,65,696/-

Total Rs.6,42,000/-Rs.6,19,696/-

¶8Accordingly, the compensation awarded by the Tribunal is reduced in a sum of Rs.22,304/- and a compensation of Rs.6,19,696/- rounded off to Rs.6,20,000/- is awarded to the claimant instead of Rs.6,42,000/-.

¶9For the reasons aforestated, this Court proceed to pass the following: ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 02.08.2023 passed by the Senior Civil Judge & MACT, Mudigere, in MVC No.66/2020, is hereby modified to the extent of reducing the compensation amount from Rs.6,42,000/- to Rs.6,20,000/-.

(iii) The claimant is entitled to a total compensation of Rs.6,20,000/- along with interest at the rate of 6% per annum from the date of petition till realization.

(iv) On deposit, 50% shall be invested in any interest bearing FDR with any nationalized bank for a period of five (5) years and

balance 50% amount shall be released in favour of the claimant/respondent on proper identification.

(v) The Bank shall not permit any loan on the amount deposited without an order by the Court or Tribunal.

(vi) The amount in deposit shall be transmitted to the concerned Tribunal for disbursement.

(vii) Send back the TCR, if any received, forthwith without any delay.

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 28 ct-vn