Karnataka High Court
Shri.Pasku Bavati D Souza vs Shri.Dhananjaya Jotiba Kalagate on 21 February, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21 S T DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.103729/2017 (MV)
BET WEEN
SHRI PASKU BAVATI D'S OUZ A,
AGE: 52 YEARS,
OCC: GARDNER AND AGRICU LTU RE,
R/O PATIL GAL LI,
DHAMANE AT/ PO: DHAMANE,
TQ: & DIST: B ELAGAVI- 590005.
...APPELLANT
(BY SRI B .M.PATIL, ADVOCATE)
AND
1. SHRI DHANANJAYA JOTIB A KALAGATE,
AGE: MAJOR,
R/O CCB No.416,
B EHIND SHAHAPU R P.S.BU DA SCHEME
NO.14 P LOT NO.7, B HARAT NAGAR,
SHAHAPU R, B ELAGAVI- 59 0003.
2. THE ORIENTAL INSU RANCE COMPANY LIMIT ED,
DIV IS IONAL OFFICE,
2 N D FLOOR, DHAMNEKAR ARCADE,
DR.B .R.AMB EDKAR ROAD,
B ELAGAVI- 590001 .
...RESPONDENTS
(BY SRI S.V.YAJI, ADVOCAT E 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 05.07.2 017 PASS ED IN
MVC No.2403/ 2015 ON T HE F ILE OF T HE IX ADDIT IONAL
DISTR ICT AND SESSIONS J UDGE AND MEMB ER,
2
ADDIT IONAL M OT OR ACCIDENT CLAIMS TRIB U NAL,
BELAGAVI, PARTL Y ALLOWING THE CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
The claimant has preferred this app eal being not
satisfied with the quantum of compensation award ed by
the Addl.M.A.C.T., Belagavi (hereinafter referred to
as the 'Tribunal', for brevity) in MVC No.2403/2015
vide its judgment and award dated 05.07.2017.
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 before the Tribunal for the purpose of
convenience.
3. The undisputed facts of the case are, on
31.10.2015 at about 9.30 hours when the claimant
was riding his motorcycle bearing registration No.KA-
22/EN-3471, the offending motorcycle bearing
registration No.KA-22/EG-0601 which was driven in a
rash and negligent manner dashed against the
motorcycle of the claimant near Datta Galli,
Vadagaon and caused the accident. In the said
accident, the claimant was grievously injured and he
was treated in a private hospital as an inpatient. It is
in this background, the claimant had filed a claim
petition under Section 166 of the Motor Vehicles Act,
1988 (for short, the 'Act') in MVC No.2403/2015,
which was partly allowed by the Tribunal and a
compensation of `2,29,244/- with interest at 6% per
annum from the date of petition til realization was
awarded. Being not satisfied with the quantum of
compensation awarded, the claimant is before this
Court.
4. Learned counsel for the claimant submits
that the compensation awarded by the Tribunal on all
heads is on the lower side and accordingly he prays
to enhance the compensation amount.
5. Per contra, learned counsel appearing for
the insurer who has not disputed the liability has
argued in support of the impugned judgment and
award and submits that a just and proper
compensation has been awarded by the Tribunal and
accordingly he prays to dismiss the appeal.
6. I have carefully considered the arguments
addressed on both sides and also perused the
material available on record.
7. The only question that arises for
consideration in this appeal is with regard to the
adequacy of compensation awarded by the Tribunal to
the claimant having regard to the injury suffered and
the treatment undergone for the same by the
claimant. In the road traffic accident that had taken
place on 31.10.2015, the claimant had suffered
fracture of femur in addition to other simple injuries
as could be seen from Ex.P7-wound certificate. Ex.P8
is the discharge summary which shows that the
claimant was admitted as an inpatient on 31.10.2015
and discharged on 06.11.2015. Exs.P9, P13 and P14
are x-ray reports and x-ray film. PW2 who had issued
disability certificate has deposed before the Tribunal
that the physical disability caused to the claimant
having regard to the injury was to the extent of 40%
to the particular limb. Though the Tribunal has
assessed physical disability to the whole body at 5%,
in my considered view the same is on the lower side
and the physical disability is required to be taken at
13%. The notional income of the claimant is required
to be taken at `8,000/- per month 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 proper
multiplier applicable having regard to the age of the
claimant would be '13'. In the said event, the
claimant would be entitled for a sum of `1,62,240/-
towards loss of future income due to disability.
8. The claimant is entitled for a sum of
`40,000/- towards pain and suffering, `30,000/-
towards loss of amenities in future life, `15,000/-
towards incidental expenses and a sum of `24,000/-
towards loss of income during laid up period. In
addition to the same, the claimant is also entitled for
a sum of `1,37,644/- towards medical expenses.
Therefore in all, the claimant is entitled for a total
compensation of `4,08,884/- as against compensation
of `2,29,244/- awarded by the Tribunal, which would
be as follows:
1 Loss of income due to `1,62,240/-
disability
2 Pain and suffering `40,000/-
3 Loss of amenities in future `30,000/-
life
4 Incidental expenses `15,000/-
5 Loss of income during laid `24,000/-
up period
6 Medical expenses `1,37,644/-
Total `4,08,884/-
9. The enhanced amount of compensation
shall carry interest at 6% per annum from the date of
petition till realization. Accordingly, the following:
ORDER
The Miscellaneous First Appeal is
allowed in part.
The claimant is held entitled for a total
compensation of `4,08,884/- as against the
compensation of `2,29,244/- 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 liability is not in dispute, the
insurer of the offending motorcycle is
directed to deposit the enhanced amount of
compensation with interest before the
Tribunal within a period of six weeks from
the date of receipt of the certified copy of
this judgment.
On deposit of compensation, the
claimant is entitled to withdraw the same
before the Tribunal on proper identification.
Sd/-
JUDGE
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