Karnataka High Court
Manjunath S/O Basavanneppa ... vs Prakash S/O Irappa Vittalapur on 16 February, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.24377/2013 (MV)
BET WEEN
SRI MANJ UNAT H,
S/O B ASAVANNEPPA SHIRU ND,
AGED AB OUT 33 YEARS,
OCC: GOUNDI MESTRI,
R/O HIR ENARTH I VILLAGE,
TQ: KUNDAGOL.
...APPELLANT
(BY SRI G.N.B ADIGER AND
SRI D.Y.PATTAR, ADVOCATES)
AND
1. SRI PRAKASH,
S/O IRA PPA V ITTALAPU R,
AGED AB OU T: MAJOR,
OCC: OWNER OF TRAX VEHICLE,
R/O KAROGALL I TADAS ASAR ONI,
KUNDAGOL.
2. THE BAJAJ ALLIANZ GENERAL
INSURANCE COMPANY LIMITED,
V.A.KABU RGI MANSION,
LAMINGT ON ROAD , HUBB ALLI.
...RESPONDENTS
(BY SRI RAVINDRA R.MANE, ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 06.09.2 012 PASS ED IN
MVC No.404/2011 ON THE FILE OF THE PR INCIPAL SENIOR
CIVIL JUDGE AND IX ADDITIONAL MOT OR ACCIDENT
2
CLAIMS T RIB UNAL, HUBB ALLI, P ART LY ALL OWING THE
CLAIM PET IT ION FOR COMPENSAT ION AND S EEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
The instant appeal is filed by the claimant
challenging the quantum of compensation award ed by
the IX Addl.Motor Accid ent Claims Tribunal, Hubballi
(hereinafter referred to as the 'Tribunal', for brevity)
in MVC No.404/2011 vide its judgment and award
dated 06.09.2012.
2. Though this appeal is listed for admission,
with the consent of the learned counsels appearing
for the parties, the appeal is taken up for final
disposal. The parties to this appeal are referred to by
their rankings assigned to them before the Tribunal
for the sake of convenience.
3. The undisputed facts of the case are that in
the accident that had occurred on 21.03.2011
wherein the offending trax vehicle bearing
registration No.KA-36/4579 was involved, the
claimant had suffered grievous injuries and he was
admitted in a private hospital and was treated for the
said injuries. The material on record would go to
show that the claimant had suffered crush injuries to
both foots and fracture of fingers of left foot and
other injuries on his body. The Doctor-PW2 who had
treated the claimant has deposed that the claimant
had suffered 16% disability to the limb and
accordingly issued disability certificate as per Ex.P14.
The Tribunal had taken whole body disability as 6%
and taking into consideration the notional income of
the claimant at `3,500/- per month had awarded
compensation of `40,320/- towards loss of future
income due to disability. In my considered view since
the accident is of the year 2011 having regard to the
income chart maintained by the Karnataka State
Legal Services Authority for the purpose of disposal
of motor accident claims cases before the Lok
Adalath, the notional income of the injured claimant
ought to have been taken at `6,000/- per month and
having regard to the age of the claimant, the proper
multiplier applicable would be '16'. In the said event,
the claimant would be entitled for a compensation of
`69,120/-. The compensation awarded by the Tribunal
towards pain and suffering and towards medical
expenses remains unaltered. Towards loss of income
during laid up period, the claimant is entitled for a
compensation of `18,000/- and towards loss of future
amenities, the claimant is entitled for a compensation
of `30,000/- as against 15,000/- awarded by the
Tribunal. Towards incidental expenses, the claimant
is entitled for another sum of `10,000/-. Therefore in
all, the claimant would be entitled for a total
compensation of `1,63,278/- as against a sum of
`91,478/- awarded by the Tribunal which would be as
follows:
1 Loss of income due to `69,120/-
disability
2 Pain and suffering `30,000/-
3 Medical expenses `6,158/-
4 Loss of income during laid `18,000/-
up period
5 Loss of future amenities `30,000/-
6 Incidental expenses `10,000/-
Total `1,63,278/-
4. The enhanced amount of compensation
shall also carry interest at 6% per annum.
Accordingly, the following:
ORDER
The Miscellaneous First Appeal is
allowed in part.
The claimant is entitled for a total
compensation of `1,63,278/- as against the
amount of `91,478/- awarded by the
Tribunal. The enhanced compensation
amount awarded shall carry interest at 6%
per annum from the date of petition till
realization.
Since the Insurer has not disputed the
liability, the enhanced amount of
compensation with interest shall be
deposited by respondent no.2-Insurer
before the Tribunal within a period of six
weeks from the date of receipt of the
certified copy of this judgment.
The enhanced amount of compensation
is meager. Therefore, the claimant is
permitted to withdraw the entire amount
after deposit before the Tribunal, on proper
identification.
Sd/-
JUDGE
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