Karnataka High Court
Mahadevappa vs Sunil And Anr on 3 June, 2024
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NC: 2024:KHC-K:3504
MFA No. 204251 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO.204251 OF 2023 (MV-I)
BETWEEN:
MAHADEVAPPA S/O BASAVARAJ,
AGE: 34 YEARS, OCC: SECURITY GUARD (NOW NIL),
R/O NEAR MALLAYYA TEMPLE LADLAPUR,
TQ. CHITTAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SMT. SRIDEVI J. TUPPAD, ADVOCATE)
AND:
1. SUNIL S/O NAGENDRAPPA YANGUNTIKAR,
AGE: MAJOR, OCC: OWNER OF VEHICLE,
Digitally signed by
KHAJAAMEEN L R/O 282, SB COLLEGE ROAD,
MALAGHAN NEAR BUS DEPOT NO. 3,
Location: HIGH VIDYA NAGAR,
COURT OF
KARNATAKA KALABURAGI-585103.
2. ORIENTAL GENERAL INS. CO. LTD.,
THROUGH ITS MANAGER,
1ST FLOOR, N.G. COMPLEX,
STATION ROAD,
OPP. MINI VIDHAN SOUDHA,
KALABURAGI-585103.
...RESPONDENTS
(BY SRI J. AUGUSTIN, ADVOCATE FOR R2;
VIDE ORDER DATED 02.01.2024 NOTICE TO R1 IS
DISPENSED WITH)
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NC: 2024:KHC-K:3504
MFA No. 204251 of 2023
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
04.09.2023 ENHANCE THE COMPENSATION RS.14,50,000/- AS
PRAYED BY THE APPELLANT HEREIN MVC NO.58/2022 BY THE
HON'BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE
AND MACT AT KALABURAGI, BY ALLOWING THE APPEAL. II)
ENHANCE THE RATE OF INTEREST AWARDED FROM 6% TO
9%. III) GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
MAY DEEM FIT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is claimant's appeal for enhancement of compensation awarded by the II-Addl. Senior Civil Judge, Kalaburagi (hereinafter referred to as 'the Tribunal' for short) in MVC No.58/2022 dated 04.09.2023.
Though this appeal is listed for orders, with the consent of both the side, it is taken up for final disposal. -3-
NC: 2024:KHC-K:3504 MFA No. 204251 of 2023
2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal.
3. It is the case of the claimant/appellant that on 17.07.2021 while he was going on his motorcycle bearing Reg.No.KA-16/EE-5387, he met with an accident at Hosur village, due to rash and negligent driving of car bearing Reg.No.KA-02-MD-0799 by its driver. As a result of which petitioner had sustained fracture of right subtrochantic bone (comminuted fracture), fracture of left middle finger and joint dislocation. He was admitted in ESI hospital, Kalaburagi and underwent surgery. He had spent more than Rs.1,50,000/- towards medical expenses. He was aged about 32 years at the time of accident and was earning Rs.30,000/- per month. Due to injuries sustained in the accident, he has been suffering from permanent disability. With these reasons, the claimant prayed to award compensation of Rs.14,50,000/-. -4-
NC: 2024:KHC-K:3504 MFA No. 204251 of 2023
4. Respondent No.2/insurer denied contents of the claim petition and prayed for dismissal of the claim petition.
5. From the rival contentions of both the parties, the Tribunal had framed the necessary issues for its determination.
6. The claimant to prove his case examined PWs.1 and 2 and got marked Exs.P1 to 15 and closed his evidence. Respondents have not led any evidence.
7. After hearing both the parties and appreciating the evidence available on record, the Tribunal by its impugned judgment, awarded the following amount of compensation.
S.No Heads Amount
1. loss of future income due to Rs.2,18,880/-
disability
2. Towards pain and sufferings Rs.30,000/-
3. Towards medical expenses Rs.43,835/-
4. Towards attendant charges and Rs.13,600/-
conveyance
5. Towards loss of amenities and Rs.30,000/-
Nutrition
6. Loss of income during treatment Rs.14,250/-
Total Rs.3,50,565/-
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NC: 2024:KHC-K:3504
MFA No. 204251 of 2023
8. Heard arguments of learned counsel for the appellant and respondent No.2.
9. The learned counsel for the appellant submits that amount of compensation awarded by the Tribunal is on the lower side. Even the assessment of disability is also not proper. Therefore, prayed for enhancement of compensation.
10. The learned counsel for respondent No.2 supported the impugned judgment and submitted that there are no grounds to interfere with the findings of the Tribunal. Hence, prayed for dismissal of the appeal.
11. The following question arises for determination.
"Whether the claimant is entitled for the enhancement of compensation?
12. The main contention of the appellant is that, PW.2 has assessed the disability at 50%. However, the Tribunal had taken disability to an extent of 8% though petitioner had sustained fracture of subtrochantic bone as -6- NC: 2024:KHC-K:3504 MFA No. 204251 of 2023 well as left middle finger dislocation. The said submission is acceptable. It is true that PW.2 is not a treated doctor. However, the injuries sustained by the claimant-appellant is not in dispute. He was aged about 32 years at the time of accident and said to be working as a security guard. Considering the nature of job, his age as well as medical evidence, it is just and necessary to consider disability to whole body as 15%.
13. There is no dispute regarding multiplier. The Tribunal has assessed notional income on the basis of the schedule of KSLSA, since there is no reliable evidence regarding income of the claimant. The reasons assigned by the Tribunal is acceptable. Therefore, the claimant is entitled for enhancement under the head loss of future earning capacity due to permanent disability.
Rs.14,250/- x 12 x 16 x 15% = Rs.4,10,400/-.
14. The claimant is also entitled for enhancement of compensation under other heads as under.
-7- NC: 2024:KHC-K:3504 MFA No. 204251 of 2023 Sl. Heads Amount Amount No. awarded by awarded by the Tribunal this court 1. Loss of future earning Rs.2,18,880/- Rs.4,10,400/- capacity due to permanent disability 2. Pain and suffering Rs.30,000/- Rs.30,000/- 3. Medical expenses Rs.43,835/- Rs.43,835/- 4. Attendant charges and Rs.13,600/- Rs.25,000/- conveyance 5. Loss of amenities and Rs.30,000/- Rs.50,000/- Nutrition 6. Loss of income during laid Rs.14,250/- Rs.42,750/- up period (Rs.14,250/- x 3)
Total Rs.3,50,565/- Rs.6,01,985/-
Enhancement Rs.2,51,420/-
15. The claimant is entitled for enhancement of compensation of Rs.2,51,420/- along with interest at the rate of 6% per annum.
16. There is no dispute regarding liability to pay compensation. Accordingly, I answered the above question partly in the affirmative and pass following:
ORDER i. The appeal is allowed in part. -8-
NC: 2024:KHC-K:3504 MFA No. 204251 of 2023 ii. The impugned judgment and award passed by the II-Addl. Senior Civil Judge, Kalaburagi in MVC.No.58/2022 dated 04.09.2023 is modified;
(a) An amount of Rs.2,51,420/- is enhanced in addition to compensation awarded by the Tribunal with interest at the rate of 6% p.a. on the enhanced amount of compensation from the date of petition till realization of said amount.
iii. Respondent No.2 - insurance company shall deposit the said amount with interest before the Tribunal within a period of eight weeks from the date of receipt of a copy of this order.
iv. The orders passed by the Tribunal regarding deposit and release are not disturbed. -9-
NC: 2024:KHC-K:3504 MFA No. 204251 of 2023 v. The registry is directed to send back the Trial Court records.
Sd/-
JUDGE SDU LIST NO.: 1 SL NO.: 9 CT:PK