Karnataka High Court
Umakanth H vs Nagaraja B J on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:25542
MFA No. 10057 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 10057 OF 2018 (MV-I)
BETWEEN:
UMAKANTH H.,
S/O. HANUMANTHAPPA,
AGED ABOUT 46 YEARS,
AGRICULTURIST AND CARPENTER WORK,
R/O. MADADAKERE VILLAGE,
HOSADURGA TALUK, NOW R/O
KELAGOTE, CHITRADURGA TOWN,
CHITRADURGA DISTRICT - 577 501.
...APPELLANT
(BY SRI. R. SHASHIDHARA , ADVOCATE)
AND:
1. NAGARAJA B.J.,
S/O. JAYAPPA,
Digitally signed by B AGED 41 YEARS,
K OWNER OF MOTOR,
MAHENDRAKUMAR
Location: HIGH CYCLE BEARING NO.KA-16/Y-2302,
COURT OF R/O. BOCHENAHALLY VILLAGE, DEVAPURA
KARNATAKA
POST, HOSADURGA TALUK - 577 527,
CHITRADURGA DISTRICT.
2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
POLICY ISSUING OFFICE, HOSADURGA,
MICRO OFFICE, MICRO OFFICE, 9481/31,
MUGULNGE NILAYA, SUBBANNAYYA,
BADAVANE, HOSADURGA TOWN - 577 527.
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MFA No. 10057 of 2018
3. SANNA THIMMAPPA S/O. THIMMAPPA,
MAJOR, OWNER OF THE MOTOR CYCLE
BEARING NO.KA-16/EF-6106,
R/O. GADIYAPPANAHATTI, MADADAKERE
HOBLI, HOSADURGA TALUK - 577 527,
CHITRADURGA DISTRICT.
4. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, OPP: BAPUJI,
DENTAL COLLEGE,
DAVANAGERE - 577 001.
...RESPONDENTS
(BY SRI. G.S. MARULAIAH, ADVOCATE FOR R2;
SRI. JANARDHAN REDDY, ADVOCATE FOR R2;
V/O. DATED 04.07.2024 NOTICE TO R2 & R3 ARE DISPENSED
WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.08.2018, PASSED IN MVC
NO.1122/2017, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE & ADDITIONAL MACT-V, CHITRADURGA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of The Indian Motor Vehicles Act, challenging the judgment and award dated 03.08.2018 passed by the II Additional Small Causes Judge and MACT, Chitradurga, in MVC No.1122/2017.
2. Heard learned counsel for the parties.
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3. The appellant-claimant sustained accidental injuries on 30.11.2016 in a road traffic accident due to the rash and negligent riding by the riders of the motorcycle on which the claimant was traveling as a pillion rider, and the offending vehicle is not disputed. The claimant was aged about 45 years as of the date of the accident. Despite the absence of proof of income, the notional income of the claimant is Rs.9,500/- as per the chart issued by the Karnataka Legal Aid Services Authority, as opposed to Rs.6,000/- assessed by the Tribunal. The claimant sustained injuries on the right knee, ankle, foot, and leg, with the total permanent disability to the lower limb assessed at 52.7% by the doctor who was examined as PW.2. The Tribunal has rightly assessed the functional disability at 17%.
4. Therefore, given the nature of the injuries sustained and also the notional income of the claimant reassessed at Rs.9,500/-, the compensation amount awarded by the Tribunal is reassessed as follows:
As awarded As awarded
Compensation under by the by this Court
different Heads Tribunal (Rs.)
(Rs.)
Pain and Sufferings 25,000 50,000
Medical Expenses 7,000 7,000
Conveyance, nourishment 20,000 35,000
and attendant charges
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MFA No. 10057 of 2018
Loss of future earning 1,71,000 2,71,320
capacity due to disability
Loss of income during laid off 12,000 28,500
period
Loss of amenities of life, 20,000 40,000
happiness and frustration
Future medical expenses 20,000 20,000
Total 2,75,000 4,51,820
5. In the result, the appeal is allowed-in-part. The judgment of the Claims Tribunal is modified. The claimant is entitled for a total compensation of Rs.4,51,820/- as opposed to Rs.2,75,000/- awarded by the Tribunal.
6. The enhanced compensation amount of Rs.1,76,820/- (i.e. Rs.4,51,820 - Rs.2,75,000) shall carry interest at the rate of 6% per annum from the date of filing the petition till the date of realization.
7. The respondent Nos.2 & 4 being the insurers are fastened with the liability to pay the enhanced compensation amount at ratio of 50:50 within three months from the date of receipt of a copy of this order.
8. To this extent, the impugned judgment and award stands modified.
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9. The claimant is at liberty to withdraw the entire enhancement of compensation amount along with the interest accrued.
Sd/-
JUDGE DHA List No.: 1 Sl No.: 5