Sri. Srinivasalu S M v. The Oriental Insurance Co. Ltd.,

NC:(2026:KHC:5552( MFA(No.(1776(of(2016( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

STDATED(THIS(THE(31 (DAY(OF(JANUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(1776(OF(2016((MV-I)(

BETWEEN:((

( SRI.,SRINIVASALU,S,M, S/O.,S.V.,MUNISWAMY,SHETTY,,

AGED,ABOUT,40,YEARS,, R/AT,NO.,6,,"A",STREET,, THIMMAIAH,ROAD,,

BHARATHINAGARA,, BENGALURU-560,051., …APPELLANT,

(BY,SRI.,VASANTHAPPA.,ADVOCATE), , AND:(

(

1., THE,ORIENTAL,INSURANCE,CO.,LTD.,, YETHIRAJA,MUTT,BUILDING,,

1ST,FLOOR,,NO.199,,, 2ND,MAIN,ROAD,,,MALLESHWARAM,, Digitally BANGALORE-560,005.,signedtiby NIRMALA , DEVI 2., M/S.,NIKHIL,ENTERPRISES, Location: NO.1/1,,GOVER,ROAD,, HIGH0COURT COX,TOWN,,BANGALORE-560,005., OF …RESPONDENTS,KARNATAKA (BY,SRI.,ASHOK,N,PATIL,,ADVOCATE,FOR,R1, ,R2,IS,SERVED,AND,UNREPRESENTED), , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT, AND, AWARD, DATED, 20.11.2014, PASSED, IN, MVC, NO.148/2011, ON, THE, FILE, OF, THE, II, ADDITIONAL, SMALL, CAUSES, JUDGE, AND, XXVIII, ACMM,, BENGALURU,, PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING,ENHANCEMENT,OF,COMPENSATION.,

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT The present appeal is filed by the claimant calling in question the judgment and award dated 20.11.2014 passed by the II Additional Small Causes Judge and XXVIII ACMM, Bengaluru,1 in MVC No.148/2011, whereunder the Tribunal has partly allowed the claim petition and awarded a total compensation of `2,71,284/- together with interest at 6% pa.

¶2Learned counsel for the claimant assails the finding of the Tribunal on the ground of liability and quantum of compensation. Re. Liability:

¶3The Tribunal has exonerated the insurer from payment of compensation on the ground that the driver of the insured vehicle was not licenced to drive a Light Motor Vehicle

(LMV) transport vehicle.

1 hereinafter referred to as 'Tribunal'

¶4It is forthcoming from the driving licence (Ex.R2) that the driver was licenced to drive LMV/NT. It is forthcoming from the Registration Certificate (Ex.R3) that the gross weight of the vehicle was 4600 kgs. Hence, having regard to the judgment of the Supreme Court in the case of MUKUND DEWANGAN VS ORIENTAL INSURANCE COMPANY LTD.2, the insurer is liable to pay the compensation awarded. The finding of the Tribunal exonerating the insurer from payment of compensation is erroneous and liable to be interfered with. Re. Quantum:

¶5The claimant was aged 35 years as on the date of the accident i.e., as on 31.07.2010. The claimant was stated to be running a Bangle and Fancy shop. However, no documents have been produced to demonstrate his income. The Tribunal assessed the income of the claimant at `5,000/- pm. Having regard to the date of the accident, the notional income of the claimant is reassessed as `5,500/- pm.

¶6It is forthcoming from the wound certificates (Exs.P2 and P13), discharge summaries (Ex.P5 and P14), the

2 (2017)14 SCC 663

testimony of the doctor (PW.2) and the other medical documents on record that the claimant sustained medial malleolus and lateral malleolai fracture of right ankle. The claimant was treated as an inpatient on various dates for a total period of 14 days.

¶7Having regard to the aforementioned, the compensation is reassessed as follows: i. The compensation awarded by the Tribunal towards pain and suffering at `50,000/- and conveyance, nourishment, food and attending charges at `10,500/- is just and proper; ii. The Tribunal has awarded medical expenses in a sum of `55,984/- as per the actual bills, which is just and proper and the same is rounded off as `56,000/-; iii. The period of treatment is taken as 3 months and the loss of earning during laid up period is reassessed as (`5,500/-x3) `16,500/-; iv. Having regard to the nature of injuries sustained, the period of treatment and disability, the loss of

amenities is reassessed as `25,000/- as against `15,000/- awarded by the Tribunal; v. Loss of future earning is reassessed as (`5,500/- x12x16x13) `1,37,280/- as against `1,24,800/- awarded by the Tribunal.

¶8Accordingly, the total compensation under various heads is reassessed as follows: Sl.No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`)

¶1Injury, pain and suffering 50000.00 50000.00

¶2Loss of earning during medical treatment 15000.00 16500.00

¶3Medical expenses 55984.00 56000.00

¶4Loss of future earning 124800.00 137280.00

¶5Loss of amenities of life 15000.00 25000.00

¶6Conveyance, nourishment, food and attending charges 10500.00 10500.00

Total 271284.00 295280.00

¶9Hence, the claimant is entitled for enhanced compensation of (`2,95,280/- – `2,71,284/-) `23,996/- rounded off to `24,000/-.

¶10Taking judicial notice of the interest awarded towards Fixed Deposits, it is just and proper to award interest on the enhanced compensation at 7% p.a.

¶11In view of the aforementioned, the following: ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 20.11.2014 passed by the II Additional Small Causes Judge and XXVIII ACMM, Bengaluru, in MVC No.148/2011, is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The claimant is entitled to enhanced compensation of `24,000/- with interest at 7% per annum from the date of petition till its realization, in addition to the compensation awarded by the Tribunal;

iv) Respondent No.1 -Insurer shall deposit the compensation awarded by the Tribunal, as also the enhanced compensation as ordered herein together with accrued interest within a period of six weeks;

v) The Registry to draw the modified award accordingly;

vi) Records be transmitted to the Tribunal forthwith;

vii) No costs.

Sd/- (C.M. POONACHA) JUDGE

ND List No.: 1 Sl No.: 10