Karnataka High Court
The Divisional Manager vs Pradeep Gangadhar Hegde on 4 April, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 04TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 21774 OF 2012 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 25681 OF 2011
IN MFA NO.21774/2012:
BETWEEN:
UMESH S/O BASANAGOUDA KUNCHUR
AGE: 23 YRS, OCC: DRIVER,
R/O NALAVAGAL, TQ: RANEBENNUR,
DIST: HAVERI
...APPELLANT
(BY SRI. M. H. PATIL, ADVOCATE)
AND:
1. PRADEEP S/O GANGADHAR HEGDE
AGE: MAJOR, OCC: BUSINESS,
R/O HOSATOTA, TQ: SIDDAPUR,
DIST: UTTAR KANNADA.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
SUJATHA COMPLEX, P B ROAD,
HUBBALLI.
...RESPONDENTS
(BY SRI. VISHWANATH R. HEGDE, ADV. FOR R1;
SRI. S. S. JOSHI, ADV. FOR R2)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT 1988,
AGAINST THE JUDGMENT AND AWARD DTD:03-09-2011
-2-
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
PASSED IN MVC NO.246/2009 ON THE FILE OF SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, RANEBENNUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT COMPENSATION.
IN MFA NO.25681/2011:
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
SUJATA COMPLEX, OPP. P B ROAD,
HUBBALLI.
REPRESENTED BY REGIONAL OFFICE,
HUBBALLI. ADMIN OFFICER.
...APPELLANT
(BY SRI. S. S. JOSHI, ADVOCATE)
AND:
1. PRADEEP S/O GANGADHAR HEGDE
AGE: MAJOR, OCC: BUSINESS,
R/O HOSATOTA, TQ: SIDDAPUR,
DIST: U.K.,
OWNER OF THE VEHICLE BEARING
REGISTRATION NO.KA-31/3973.
2. UMESH S/O BASANAGOUDA KUNCHUR
AGE: 23 YRS, OCC: DRIVER,
R/O NALAVAGAL, TQ: RANEBENNUR,
DIST: HAVERI.
...RESPONDENTS
(BY SRI. K.S. PATIL, ADV. A. R. HEGDE, ADV.
AND VIJAY MALALI, ADV. FOR R1;
SRI. M. H. PATIL, ADV. FOR R2)
-3-
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT 1988,
AGAINST THE JUDGMENT AND AWARD DTD:03-09-2011
PASSED IN MVC NO.246/2009 ON THE FILE OF SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, RANEBENNUR, AWARDING
COMPENSATION OF RS.4,32,531/- WITH INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
THESE APPEALS ARE COMING ON FOR ADMISSIONS,
THIS DAY, THE COURT MADE FOLLOWING:
JUDGMENT
MFA No.21774/2012 is filed by the claimant seeking
for enhancement, while MFA No.25681/2011 is filed by the
insurer challenging the quantum of compensation awarded
for an undisputed accident which occurred on 12.12.2008
between the motor cycle and Maruti Car, is not in dispute.
2. The Tribunal has awarded a total sum of
Rs.4,32,531/- in the following manner:
1 Towards loss of future income 2,16,000/-
2 Towards pain and suffering 20,000/-
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
3 Towards medical expenses 1,84,531/-
4 Towards attendant charges 5,000/-
5 Towards food and nourishment 5,000/-
6 Towards loss of unhappiness and 2,000/-
discomfort
Total Rs.4,32,531/-
3. The learned counsel for the insurer contends
that the sum awarded towards loss of future income by
taking disability at 20% and salary at Rs.5,000/- per
month is exorbitant.
4. The learned counsel for the claimant contends
that the sum awarded is meager and the disability
assessed and the income determined are also on the lower
side. He submits that having regard to the fact that the
claimant had undergone a surgical procedure and had
incurred medical expense of Rs.1,84,531/-, the sums
awarded towards pain and suffering and attendant charges
and food and nourishment are on the lower side.
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
5. The Wound Certificate produced by the claimant
indicates the following injuries.
"1. Lacerated wound present over the Nose.
2. Lacerated wound present over both eyes.
3. Deformity present over both wrist.
4. Bleeding present from left ear.
5. Lacerated wound measuring 4 X 4 cm present
over left parietal region.
6. Abrasions present over left side of nose."
6. The primary discharge note of Kasturba Hospital
indicates that the claimant was admitted on 21.10.2008
and was discharged on 05.11.2008 and he had undergone
an operation on 31.10.2008. The said note indicates that
the claimant had suffered a bilateral distal radius intra-
articular fracture and he had undergone a surgical
procedure as a result of the injuries he had suffered
injuries to his wrist. It is indicated that his potential to
drive professionally was substantially reduced. The
Tribunal taking note of this fact has assessed the disability
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
at 20%. This in my view, is just and proper and is
therefore confirmed.
7. The income determined at Rs.5,000/- per
month is also not exorbitant and is therefore confirmed.
8. It is not in dispute that the Tribunal has
awarded a sum of Rs.1,84,531/- towards medical
expenses and the medical bills and medical evidence
produced indicate that the claimant was in treatment from
21.10.2008 till 05.11.2008. Having regard to the fact that
the claimant was hospitalized for more than 16 days and
had undergone a surgical procedure, the claimant would
be entitled to a sum of Rs.50,000/- towards pain and
suffering, Rs.15,000/- towards attendant charges and
Rs.10,000/- towards food and nourishment charges.
9. Since there is evidence on record indicating that
the claimant was hospitalized for more than 16 days, the
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
claimant would be entitled to loss of income for a laid up
period of two months, which would be sum of Rs.10,000/-.
10. Consequently, the claimant would be entitled to
the following sums :
1 Towards loss of future income Rs.2,16,000/-
2 Towards pain and suffering Rs.50,000/-
3 Towards medical expenses Rs.1,84,531/-
4 Towards attendant charges Rs.15,000/-
5 Towards food and nourishment Rs.10,000/-
6 Towards loss of unhappiness and Rs.2,000/-
discomfort
Total Rs.4,77,531/-
11. The appeal filed by the Insurer is dismissed
and the appeal filed by the claimant is allowed in part.
12. The Judgment and Award dated 03.09.2011
passed in MVC No.246/2009, on the file of the Senior Civil
Judge and Addl. MACT, Ranebennur, is hereby modified.
The claimant is entitled to a total compensation of
Rs.4,77,531/- as against the sum of Rs.4,32,531/-
MFA No. 21774 of 2012
C/W MFA No. 25681 of 2011
awarded by the Tribunal. The enhanced compensation
amount shall carry interest @ 6% p.a. from the date of
claim petition till the date of deposit,
13. The Insurance Company is directed to deposit
the enhanced compensation after deducting the
compensation already paid along with interest before the
Tribunal within a period of 90 days from the date of
receipt of certified copy of this judgment.
14. The amount awarded shall be disbursed in the
same terms as that imposed by the Tribunal.
15. The amount in deposit made in
MFA.No.25681/2011 be transmitted to the Tribunal for
disbursement in accordance with law.
Sd/-
JUDGE
SMM,CKK
