Karnataka High Court
Renukamma W/O Basavantappa Angadi vs Rafi Ahamed S/O Mahaboobasab Timmapur on 2 July, 2024
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NC: 2024:KHC-D:9032
MFA No. 100369 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 100369 OF 2017 (MV-I)
BETWEEN:
SMT. RENUKAMMA W/O. BASAVANTAPPA ANGADI,
AGED ABOUT 30 YEARS, OCC: VEGETABLE VENDOR,
R/O. TALIYAL NOW AT MITTALKODA,
TQ: KUSHTAGI, DIST: KOPPAL.
...APPELLANT
(BY SRI. A. B. PATIL, ADVOCATE)
AND:
1. SRI. RAFI AHAMED S/O. MAHABOOBASAB TIMMAPUR,
AGE: MAJOR, OCC: DRIVER,
R/O: RAMPUR, (BEHIND-OP), TQ & DIST: BAGALKOT.
2. SRI. RANGAPPA S/O. HANUMAPPA MUCHALAGUDDA,
AGED ABOUT MAJOR, OCC: OWNER OF THE
OFFENDING VEHICLE BEARING NO.KA-29/8753,
R/O: YARAGOPPA S.B, TQ: BADAMI, DIST: BAGALKOT.
Digitally signed
by MANJANNA 3. THE MANAGER,
E
IFFCO-TOKIO, GENERAL INSURNCE CO. LTD,
Location: HIGH
COURT OF BHAVI ARCHEDA, NEAR BASAVESHWARA CIRCLE,
KARNATAKA NEW-COTTON MARKET, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. SUBHASH J. BADDI, ADV. FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 SERVED)
THIS MFA IS FILED U/S.173(1) OF THE M.V. ACT, PRAYING TO
ALLOW THIS APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT
AND AWARD DTD: 20/08/2016, PASSED BY THE SENIOR CIVIL
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NC: 2024:KHC-D:9032
MFA No. 100369 of 2017
JUDGE AND M.A.C.T, AT: KUSHTAGI, IN M.V.C NO.10/2015, BY
ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Heard learned counsel for the appellant and respondents on admission. With the consent of learned counsel for the parties, the matter is taken up for final disposal at the admission stage itself.
2. This appeal is filed by the claimant aggrieved by the judgment and award dated 20.08.2016 passed in MVC No.10/2015 on the file of Senior Civil Judge and Motor Accident Claims Tribunal, Kushtagi, (for short 'the Tribunal'), whereby the Tribunal awarded a compensation of Rs.40,436/- to the claimant.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
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NC: 2024:KHC-D:9032 MFA No. 100369 of 2017
4. The claim petition was filed seeking compensation on account of injuries suffered by the claimant in the road traffic accident that took place on 01.03.2008 at about 7.45 p.m. when the claimant- Renukawwa W/o Ramanna Byali and Renukamma W/o Basavantappa Angadi, were waiting for vehicle to go to their village. At that time, the driver of the offending vehicle bearing registered No.KA-29/8753 came in a rash and negligent manner and dashed to the claimant and another. Due to the said impact, they sustained grievous injuries. Immediately, they were shifted to Kerudi Hospital Bagalkot, where they were took treatment as inpatient. The first informant lodged the complaint. This leads to registration of FIR and investigation.
5. The tribunal considering the evidence on record at Exs-P.1 to P.22 and oral evidence of PWs.1 and 2, granted compensation of Rs.40,436/- to the claimant. -4-
NC: 2024:KHC-D:9032 MFA No. 100369 of 2017
6. Learned counsel for the appellant/claimant submits that the tribunal has failed to consider the injuries sustained by the claimant and the amount that was spent towards treatment. The injuries sustained by the claimant are grievous in nature, but the tribunal has failed to grant reasonable amount for the said injuries. He further submitted that the compensation that was granted by the tribunal was not just and reasonable one and the tribunal has not granted fair compensation on the heads 'pain and suffering', 'loss of income during laid up period', 'future medical expenses', 'loss of future income' and 'loss of amenities'. Hence, he prayed to allow the appeal.
7. Learned counsel for respondent No.3/Insurance Company submits that the Tribunal considering the medical evidence as well as oral evidence and other aspects has granted reasonable compensation to the claimant. He submitted that no grounds are made out seeking for enhancement of compensation.
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NC: 2024:KHC-D:9032 MFA No. 100369 of 2017
8. As there is no dispute regarding the injuries sustained by the claimant in the road traffic accident that occurred on 01.03.2008 due to rash and negligent driving by the driver of the offending vehicle bearing registered No.KA-29/8753 by its driver and liability of the insurer of the offending vehicle, the only point that arises for Court's consideration in the appeal is:-
"Whether the quantum of compensation awarded by the tribunal is just and proper or does it call for interference for enhancement?
9. After hearing the learned counsel appearing for the parties and perusing the judgment and award of the tribunal, I am of the view that the compensation awarded by the tribunal is not just and reasonable, it is on the lower side and hence, it requires to be enhanced.
10. As per Ex-P.15-wound certificate, the claimant sustained the following injuries:-
1. Lacerated Wound 2 ½ cm. Upper lip. -6-
NC: 2024:KHC-D:9032 MFA No. 100369 of 2017
2. Abrasion over left Maxillery.
3. Abrasion over right hand.
4. Undisplaced Fracture Scapulea Right wrist.
11. As per the opinion of the Doctor, injuries Nos.1 to 3 are simple in nature and injury No.4 is grievous in nature. The claimant was treated as inpatient from 01.03.2008 till 15.03.2008 i.e., for a period of 15 days. The injuries sustained and the treatment taken by the claimant is also supported by the oral evidence of claimant and also supported by the documentary evidence of Ex.P.15-Wound certificate.
12. In this case, the Tribunal has observed that the claimant has sustained three simple injuries. For one grievous injury, as per the settled law, the claimant is entitled for a sum of Rs.40,000/- and additional fracture, she is entitled for a sum Rs.10,000/-. For simple injury, the claimant is entitled for Rs.5,000/-. Therefore, the claimant is entitled for Rs.55,000/- under the head 'pain and sufferings'.
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NC: 2024:KHC-D:9032 MFA No. 100369 of 2017
13. The Tribunal has not awarded any compensation towards 'loss of income during laid up period'. The nature of injuries suggest that she must have been under rest and treatment for a period of three months and therefore, a sum of Rs.12,750/- (Rs.4,250/- x 3) is awarded under the said head, considering the notional income at the rate of Rs.4,250/- per month, in view of circular issued by Karnataka State Legal Services Authority, Bengaluru.
14. The Tribunal has awarded a sum of Rs.5,436/- towards 'medical expenses', which is reasonable amount and no interference in that regard is called for by this Court.
15. The Tribunal has not awarded any compensation under the head 'food, Conveyance, Nourishment and Attendant Charges' etc. Hence, a sum of Rs.10,000/- is granted under said head. -8-
NC: 2024:KHC-D:9032 MFA No. 100369 of 2017
16. The Tribunal has not awarded any compensation under the head 'loss of amenities'. Hence, a sum of Rs.10,000/- is granted under said head.
17. Thus, the claimant is entitled for the following compensation:-
Sl.
Compensation
No Description
awarded by
.
1 Pain and sufferings 55,000/-
2 Loss of income during laid up
period 12,750/-
3 Medical Expenses 5,436/-
4 Food and nourishment,
attendant charges and
Traveling expenses 10,000/-
7 Loss of amenities 10,000/-
Total 93,186/-
Less : compensation awarded by the Tribunal 40,436/-
Enhanced by this Court 52,750/-
18. The claimant is entitled to a total compensation of Rs.93,186/- as against Rs.40,436/- awarded by the tribunal. Accordingly, I pass the following: -9-
NC: 2024:KHC-D:9032 MFA No. 100369 of 2017 ORDER i. The appeal is allowed-in-part.
ii. The judgment and award dated 20.08.2016 passed by Senior Civil Judge and Motor Accident Claims Tribunal, Kushtagi, in MVC No.10/2015 is modified to the extent stated hereinabove.
iii. The claimant is entitled for an additional enhanced compensation of Rs.52,750/- with interest at 6% p.a. from the date of filing of the claim petition till the date of its realization.
iv. Respondent - Insurance Company shall deposit the enhanced compensation together with interest within a period of four weeks from the date of receipt of copy of the judgment.
v. The apportionment and disbursement of the enhanced compensation shall be as per the order of the tribunal.
vi. Draw the modified award accordingly.
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NC: 2024:KHC-D:9032 MFA No. 100369 of 2017 vii. Registry to transmit a copy of this judgment to the concerned Tribunal, along with its records.
viii. No order as to costs.
Sd/-
JUDGE AC/ct-an List No.: 1 Sl No.: 48