Nagappa @ Nagaraj Kalamappa ... vs Kutubuddin Husensab ...
2022 Latest Caselaw 2633 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 17 T H DAY OF FEBRUARY, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

                M.F.A. No.100936/2017
            C/W M.F.A. No.100511/2017 (MV)

IN MFA No.100 936/2017

BET WEEN

NATIONAL INSURANCE CO. LTD.,
DIV IS IONAL OFFICE,
RAMDEV GALLI B ELAGAV I,
REPRES ENTED THROU GH ITS
REG IONAL OFFICE,
ARIHANT A COMPLEX ,
KU SUGAL ROAD, HUBB ALLI
REP.B Y ITS ADMINISTRAT IVE OFFICER.
                                          ...APPELLANT

(BY SRI NAGANGO UDA R.KU PPELU R, ADVOCATE)

AND

1.    NAGAPPA @ NAGARAJ,
      S/O. KALAMAPPA NARASOJI,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: HU NASHIKATTI,
      TQ: B AILHONGAL,
      DIST: B ELAGAVI.

2.    KUT UBU DDIN HU SENSAB SHAYANNAVAR,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: TIGADI, TQ: B AILHON GAL,
      DIST: B ELAGAVI.
                                       ...RESPONDENTS

(BY SRI B .M.PATIL, ADVOCATE FOR R1;
 R2-SERVED)
                             2




      THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 03.12.2 016 PASS ED IN
MVC No.1194/ 2016 ON T HE F ILE OF T HE X I ADDIT IONAL
DISTR ICT AND SESSIONS JUDGE A ND ADDITIONAL MOTOR
ACCIDENT    CLAIMS   TRIB U NAL,   B ELAGAVI,   AWA RDING
COMPENSATION OF Rs.2,95,000/ - WITH INTER EST AT 9%
P.A. FROM THE DAT E OF PETIT ION TILL ITS REALISAT ION.


IN MFA No.100 511/2017

BET WEEN

SHRI NAGA PPA @ NAGARAJ KALAMAPPA NARASOJ I,
AGE: 30 YEARS, OCC: MASON,
R/O: HU NASHIKATT I, TQ: B AILHONG AL.
                                        ...APPEL LANT
(BY SRI B .M.PATIL, ADVOCATE)

AND

1.    KUT UBU DDIN HU SENSAB SHAYANNAVAR,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: TIGADI, TQ: B AILHON GAL,
      DIST: B ELAGAVI- 580002.
      (OWNER OF THE CAR NO.KA-24/U -1288)

2.    THE NATIONAL INSURANCE CO. LTD.,
      THROUGH ITS B ELAGAVI
      DIV IS IONAL OFFICE,
      RAMDEV GALL I B ELAGAVI-580002.
                                        ...RESPONDENTS
(BY SRI NAGANGO UDA R.KU PPELU R, ADV. 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 03.12.2 016 PASS ED IN
MVC No.1194/ 2016 ON THE F ILE OF T HE X I ADDIT IONAL
DISTR ICT AND SESSIONS JUDGE A ND ADDITIONAL MOTOR
                               3




ACCIDENT    CLAIMS        TRIBU NAL,     B ELAGAV I,   PARTLY
ALLOWING THE CLAIM PET IT ION FOR COMPENSAT ION AND
SEEKING ENHANCEMENT OF COMPENST ION.


     THESE A PPEA LS COMING ON FOR ADMISS ION, T HIS
DAY THE COU RT DELIVERED THE FOLLOW ING:


                          JUDGMENT

The insurer of the offending motorcycle bearing

registration No.KA-24/U-1288 and the claimant have

preferred these two appeals challenging the judgment

and award dated 03.12.2016 passed by the Addl.

M.A.C.T., Belagavi (hereinafter referred to as the

'Tribunal', for brevity) in MVC No.1194/2016 insofar

as it relates to quantum of compensation awarded by

the Tribunal.

2. Though these appeals are listed for

admission, with the consent of the learned counsels

appearing for the parties, the same are taken up for

final disposal. The parties are referred to by their

rankings before the Tribunal for the purpose of

convenience.

The undisputed facts of the case are that on

11.04.2016 when the claimant was proceeding in his

motorcycle bearing registration No.KA-24/U-4013

along with his friend, the offending motorcycle bearing

registration No.KA-24/U-1288 which was d riven in a

rash and neg ligent manner by its driver dashed against

the claimant who had got down from his motorcycle

near inspection bungalow on Hireb ag ewadi and caused

the accid ent. The claimant had suffered grievous

injuries in the said accident and he was treated as an

inp atient in the hosp ital. He had filed a claim petition

filed under Section 166 of the Motor Vehicles Act,

1988 (for short, the 'Act') in MVC No.1194/2016,

which was partly allowed by the Tribunal and had

awarded a compensation of `2,95,000/- with interest

at 6% per annum. Being aggrieved by the quantum of

compensation awarded, the claimant as well as the

insurer of the offending motorcycle are before this

Court in these two appeals.

3. Learned counsel for the insurer submits

that the injuries suffered by the claimant are simple

in nature and the compensation awarded by the

Tribunal is on the higher side while the claimant has

contended that the compensation awarded is on the

lower side. Therefore, the only question that arises

for consideration in these appeals is with regard to

the adequacy of compensation awarded by the

Tribunal to the claimant having regard to the injuries

suffered by him and the treatment undergone for the

same.

4. The material on record would go to show

that the claimant had suffered multiple injuries on his

body in the accident in question. The wound

certificate of the claimant vide Ex.P4 would go to

show that the claimant had suffered fracture of left

tibia and fracture of left fibula. He was treated as an

inpatient in a hospital for about 9 days for his

injuries. The doctor who had issued the disability

certificate was examined before the Tribunal as PW2

and he has stated that the disability to the particular

limbs together would be at 45%. Therefore, the

whole body disability is required to be considered at

15%. The accident is of the year 2016 and therefore

having regard to the income chart maintained by the

Karnataka Legal Services Authority for the purpose of

disposal of motor accident cases in the Lok Adalath,

the notional income of the claimant is required to be

taken at `8,750/- per month. The proper multiplier

applicable would be 17. In the said event, the

claimant would be entitled for a compensation of

`2,67,750/- towards 'loss of future earning due to

disability'.

5. The claimant is entitled for a sum of

`30,000/- towards pain and suffering as against

`20,000/- awarded by the Tribunal. The

compensation awarded by the Tribunal towards

medical expenses and future medical expenses

remains unaltered. The claimant is awarded a sum

ofRs.26,250/- towards loss of income during laid up

period as against `18,000/- awarded by the Tribunal.

The claimant is also awarded a sum of `30,000/-

towards loss of amenities. The claimant is awarded a

sum of `15,000/- towards incidental expenses as

against `10,000/- awarded by the Tribunal. In all,

the claimant is entitled for a total compensation of

`4,62,310/- as against `2,95,000/- awarded by the

Tribunal.

6. The compensation amount awarded shall

throughout carry interest at 6% per annum from the

date of petition till realization. The order passed by

the Tribunal insofar as it relates to disbursement,

deposit etc., remain unaltered.

7. Since the liability is not in dispute, the

insurer of the offending motorcycle bearing

registration No.KA-24/U-1288 is directed to deposit the

balance compensation amount before the Tribunal with

interest within a period of six weeks from the date of

receipt of the certified copy of this judgment.

8. The amount in deposit in MFA

No.100936/2017 filed by the insurer is directed to be

transferred to the Tribunal for the purpose of

disbursement. Accordingly, the Miscellaneous First

Appeals filed by the insurer as well as the claimant

are partly allowed.

Sd/-

JUDGE CLK