T. J. PARAMESHWARAPPA@PARAMESHWARAPPA@J. T. PARAMESHWARAPPA@TALALKENA GOWDRA PARAMESHWARAPPA versus THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD. & ORS.

Citation: [2022] 10 S.C.R. 136 · Decided: 18-11-2022 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Case Partly allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
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T. J. PARAMESHWARAPPA@PARAMESHWARAPPA@J. T.
PARAMESHWARAPPA@TALALKENA GOWDRA
PARAMESHWARAPPA
v.
THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.
LTD. & ORS.
(Civil Appeal Nos. 8598-8599 of 2022)
 NOVEMBER 18, 2022
[B. R. GAVAI AND B. V. NAGARATHNA, JJ.]
Motor Accident Claim – Compensation – Assessment of –
Permanent Physical Disability – Appellant sustained injuries in a
road accident – He therefore, filed the claim petition seeking
compensation of Rs.20 lakhs – Motor Accident Claims Tribunal
(MACT) assessed the permanent physical disability to an extent of
40% and awarded a sum of Rs.21,08,400/- together with interest
at 8% p.a. – Aggrieved, both the insurer as well as insured claimant
filed appeal before the High Court against the award passed by the
MACT – The High Court reduced the disability assessment at
20% and noted that the award of compensation was on the higher
side and hence, reduced the compensation to Rs.7,37,604/- – On
appeal, held: Appellant sustained comminuted bone fracture of tibia
on both legs, the whole-body disability is assessed as 30% – He
was operated upon twice and was hospitalized for thirty-six days
cumulatively, therefore, the compensation under the heads of pain
and suffering is enhanced – Also towards loss of future amenities
and towards loss of income during laid up period for a period of
twelve months compensation is enhanced – The judgment passed
by the High Court is modified by enhancing the award of
compensation to Rs.11,67,405/-.
Raj Kumar v. Ajay Kumar and Another (2011) 1 SCC
343 : [2010] 13 SCR 179 – relied on.
Case Law Reference
[2010] 13 SCR 179
relied on                   Para 8
[2022] 10 S.C.R. 136
136
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137
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 8598-
8599 of 2022.
From the Judgment and Order dated 16.10.2020 of the High Court
of Karnataka at Bengaluru in M.F.A. No.48 of 2017 c/w & M.F.A.
No.7972 of 2016(MV).
Shekhar G. Devasa, Manish Tiwari, Prashanth Dixit,
Ms. Thashmitha K. M., Shashi Bhushan Nagar for M/s. Devasa & Co.,
Advs. for the Appellant.
Dr. Sudhir Bisla, Ms. Sumitra Bisla, Satyendra Kumar, Advs. for
the Respondents.
The Judgment of the Court was delivered by
NAGARATHNA J.
Leave granted.
2. These appeals assail the correctness of the judgment and award
passed by the High Court of Karnataka at Bengaluru in M.F.A. No.48
of 2017 connected with M.F.A. No.7972 of 2016 (MV) dated
16.10.2020. M.F.A. No.48 of 2017 was filed by the insurer – New India
Assurance Co. Ltd., while M.F.A. No.7972 of 2016 (MV) was filed by
the insured claimant, both being aggrieved by the judgment and award
dated 16.09.2016 passed by the Ist Addl. Senior Civil Judge & IVth
MACT at Chitradurga in MVC No.1091 of 2015. By the said judgment
and award, the Motor Accidents Claims Tribunal (hereinafter referred
to as “the Tribunal”, for the sake of convenience) awarded a sum of
Rs.21,08,400/- (Rupees Twenty-one lakhs eight thousand and four
hundred only) with interest at 8% p.a. from the date of filing of the claim
petition till date of deposit. This was in respect of an accident that occurred
on 15.05.2015 in which the appellant- claimant was injured. Being
aggrieved by the reduction in the total compensation by the High Court
from Rs.21,08,400/- to Rs.7,37,604/- with interest at the rate of 6% p.a.
from the date of petition till its realization, the injured- claimant has filed
these appeals.
3. It is no longer in dispute that on 15.05.2015 at about 03:35 p.m.
appellant- claimant was travelling in the Tanker Lorry bearing No.KA-
01-AG-2266 as a cleaner from Kidlike to Hassan along with driver
P. Jagadeesh. Near the RTO Office, Chitradurga, on NH-4 flyover, the
driver of the tanker lorry drove the same in a rash and negligent manner
T. J. PARAMESHWARAPPA v. BRANCH MANAGER, NEW
INDIA ASSURANCE CO. LTD.
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and with high speed and dashed into the hind portion of another lorry
bearing No.KA-16-B-6247, as a result of which, appellant-claimant
sustained comminuted fracture of tibia bones of both legs and other
injuries on his body. He was shifted to B.M.C. Hospital and Research
Centre, Chitradurga where he took treatment as an inpatient from
15.05.2015 to 13.06.2015 and thereafter took follow-up treatment as an
outpatient. During treatment, he underwent surgery of both legs and rod
and screws were inserted.
4. It is contended by the appellant that as a result of the accident
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