Jumping To Conclusion Based On Disability Stated By Medical Officer: Karnataka High Court Asks Tribunals To Mention Nature Of Injuries In Motor Accident Cases
The Karnataka High Court, Kalaburagi Bench reduced the amount of compensation awarded to a victim in a motor accident case.
The Karnataka High Court observed that the Tribunals are jumping to the conclusion on the basis of the disability stated by a Medical Officer.
The Kalaburagi Bench observed thus in a Miscellaneous First Appeal preferred by New India Assurance Co. Ltd. (insurance company) against the Judgment and Award of the Senior Civil Judge and JMFC and MACT (Motor Accident Claims Tribunal).
A Single Bench of Justice C.M. Joshi said, “In umpteen numbers of judgments of the Tribunals, this Court observes that the nature of the injuries and the manner how it would translate into functional disability are seldom discussed. The Tribunals are jumping to the conclusion on the basis of the disability stated by a medical officer. A non mentioning of the nature of the injuries suffered; or describing them simply as grievous or simple; would not reflect that the Tribunals had applied their mind to the nature of the injuries.”
Advocate Preeti Patil Melkundi appeared for the Appellant while Advocate Sandeep V. Patil appeared for the Respondents.
Factual Background
In 2015, a driver of Bolero Jeep drove a vehicle in high speed and negligent manner, loosing control over the same and made it to fall into a ditch by the side of the road. The victim who was an inmate of Jeep, had suffered grievous injuries like fracture of femur, radius, and ulna. He was shifted to the Hospital and pursuantly, the police registered a case. The victim contended that he was an agriculturist having landed properties and had a monthly income of Rs. 25,000/- and due to the accidental injuries, he was unable to perform as before. There was a functional disability to him and hence, he sought an appropriate compensation from the owner and insurer of the vehicle.
It was contended by the Appellant-insurance company that the Jeep was permitted for personal use but the victim had boarded the Jeep as a fare paying passenger, which violates the terms and conditions of the insurance policy. Moreover, it was contended that the effective and valid driving licence was not held by the driver of the Jeep. The Tribunal awarded a compensation of Rs. 10,11,000/- to the victim and being aggrieved, the insurance company was before the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, noted, “Before parting with this judgment, it is necessary to note that, the nature of the injuries suffered by the victim has not been properly considered by the Tribunal in the impugned judgment.”
The Court held that the victim is entitled for a total compensation of Rs. 4,54,800/-.
“… it is expected from the Tribunals that the nature of the injuries suffered and the manner how it will translate into functional disability is to be stated, in the facts and circumstances, especially with reference to the avocation of the victim”, it further remarked.
The Court observed that the medical officers would give their opinion in respect of the physical disability, but they are not capable of giving the functional disability as the avocation of the injured is not brought before them.
“Therefore, it is necessary that the officers who are manning the Tribunals are to be sensitized with the requirement of mentioning the nature of the injuries suffered by the injured in the judgments. Without the description of injuries and co-relating it to the disability, it is not possible to infer that the Tribunals had applied their mind to assess the functional disability”, it concluded.
Accordingly, the High Court partly allowed the Appeal and reduced the amount of compensation awarded to the victim.
Cause Title- Branch Manager, New India Assurance Co. Ltd. v. Ramesh & Anr. (Neutral Citation: 2025:KHC-K:807)
