Karnataka High Court
Bharati W/O Basavaraj Bogar vs The Head Master on 21 February, 2022
Bench: S.Vishwajith Shetty
1 M.F.A.101671/2016
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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.101671/2016 (MV)
C/W
M.F.A.No.101670/2016
IN M.F.A. No.101671/2016
BET WEEN
SMT . PREMA W/O KALAPPA GOGI,
AGE:53 YEARS, OCC:B ANGLES BU SINESS,
R/O: KU KADOLI,
TQ AND DIST: BELGAU M.
... APPELLANT
(BY SRI.NAGARAJ J. APPANNANAVAR, FOR SRI.NAVEEN R.
MELINAMANI, ADVOCATE)
AND
1 . THE HEAD MASTER,
AKSHARA RESIDENT IAL SCHOOL,
KALLINAHALL I ROAD,
SHIKAR IPUR, DIST: SHIMOGA.
2 . THE DIV IS IONAL MANAGER,
U NIT ED INDIA INSU RANCE COMPANY LIMIT ED,
MARUTI GALLI, B ELAGAV I.
...RESP ONDENTS
(BY SRI.S.S.JOSHI, ADVOCATE FOR R2;
NOT ICE T O R1 DIS PENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE JU DGMENT AND AWARD DATED 29.10.2015
PASSED IN MVC No.2814/ 2013 ON THE FILE OF THE II
ADDIT IONAL SENIOR CIVIL J UDGE AND MEMB ER,
ADDIT IONAL MOT OR ACCIDENT CLAIMS TRIB UNAL,
2 M.F.A.101671/2016
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BELAGAVI, PARTL Y ALLOWING THE CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN M.F.A.No.101670/2016
BETWEEM
SMT . B HARATI W/O B ASAVARAJ BOGAR,
AGE: 33 YEARS, OCC: B ANGLES B USINESS,
R/O: KU KADOLI,
TQ AND DIST: B ELGAU M.
... APPELLANT
(BY SRI.NAGARAJ J. APPANNANAVAR, FOR SRI.NAVEEN R.
MELINAMANI, ADVOCATE)
AND
1 . THE HEAD MASTER,
AKSHARA RESIDENT IAL SCHOOL,
KALLINAHALL I ROAD,
SHIKAR IPUR, DIST: SHIMOGA.
2 . THE DIV IS IONAL MANAGER,
U NIT ED INDIA INSU RANCE COMPANY LIMIT ED,
MARUTI GALLI, B ELAGAV I.
...RESPONDENTS
(BY SRI.S.S.JOSHI, ADVOCATE FOR R2;
NOT ICE T O R1 DIS PENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE JU DGMENT AND AWARD DATED 29.10.2015
PASSED IN MVC No.2812/ 2013 ON THE FILE OF THE II
ADDIT IONAL SENIOR CIVIL J UDGE AND MEMB ER,
ADDIT IONAL MOT OR ACCIDENT CLAIMS TRIB UNAL,
BELAGAVI, PARTL Y ALLOWING THE CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEA LS COMING ON F OR ORDERS, THIS DAY
THE COU RT DELIVERED THE FOLL OWING:
3 M.F.A.101671/2016
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J U D G M E N T
The claimants in M.V.C.Nos.2814/2013 and
2812/2013 being not satisfied with the quantum of
comp ensation awarded by the Additional M.A.C.T.,
Belag avi vide its judgment and award dated 29 t h
Octob er 2015 have preferred these appeals.
2. Though these appeals are listed for
admission, with the consent of the learned counsels
app earing for the p arties, they are taken up for final
disposal.
3. The p arties to this appeal are referred to by
their rankings before the Trib unal for the sake of
convenience.
4. The und isputed facts of the case are that, on
04.03.2013 the claimants were proceed ing in an
autorickshaw bearing registration No.KA-15/3743 from
Shikaripur to Kalenhalli and when the said
autorickshaw reached near Kalenhalli cross, the
offending school bus bearing reg istration No.KA-
15/8279 which was d riven in a rash and neg ligent
4 M.F.A.101671/2016
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manner by its d river d ashed ag ainst the autorickshaw
and caused the accident. In the said accident, the
claimants were grievously injured and they were
treated in Nanjappa Hospig tal, Shimog a as inpatient.
It is under these circumstances, claim p etitions were
filed und er Section 166 of the Motor Vehicles Act in
M.V.C.Nos.2814/2013 and 2812/2013, which were
partly allowed b y the Tribunal awarding comp ensation
of `60,920/- and `78,960/- resp ectively to the
claimants. Being not satisfied with the quantum of
comp ensation awarded by the Tribunal, the claimants
are before this court.
5. Learned counsel for the claimants has
submitted that the compensation awarded by the
Tribunal in both cases is on the lower side and
according ly p rays to enhance the same. However,
learned counsel for the insurer has supported the
imp ugned judgment and award passed by the Tribunal
and sub mits that the compensation awarded is just and
proper and accordingly p rays to dismiss the appeals.
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6. I have given my anxious consideration to the
arguments advanced on both sides and also perused
the material available on record.
7. The only question that arises for
consideration in these appeals is with regard to the
adequacy of compensation awarded by the Tribunal to
the claimants, having regard to the injuries suffered
and the treatment undergone for the same by them.
8. The claimant in M.V.C.No.2814/2013 was
aged about 60 years as on the date of accident. His
notional income is required to be taken at `7,000/-
per month, having regard to the income chart
maintained by the Karnataka State Legal Services
Authority for the purpose of disposal of the motor
vehicle accident cases before the Lok Adalat. The
claimant had suffered the following injuries in the
accident in question:
1) Compound fracture and dislocation of
right wrist;
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2) Fracture of right radius and fracture of
ulna bone of right wrist and forearm;
3) Fracture of medial malleolus of the
lower end of the right tibia bone of the
right ankle joint and
4) Fracture of lateral malleolus of the
lower end of the right fibula bone of the
right ankle joint.
The Doctor, who had treated him, was examined as
PW-3 and he has deposed that the physical disability
caused to the claimant is to the extent of 25% to the
particular limb. The Tribunal has assessed the whole
body disability at 8%. The proper multiplier
applicable having regard to the age of the injured
claimant would be '9'. In the said event, the claimant
would be entitled for a sum of `60,480/- towards loss
of future income due to disability. He has incurred a
medical expenses of `22,365/- and he is entitled for
reimbursement of the same. Accordingly, `22,365/-
is awarded towards medical expenses. Having regard
to the injuries suffered and the treatment undergone
by the claimant, he is awarded compensation of
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`50,000/- towards pain and suffering and `30,000/-
towards loss of amenities in future life. In addition
to the same, the claimant is awarded a sum of
`21,000/- towards loss of earning during laid up
period and `10,000/- towards incidental expenses.
Therefore, in all the claimant is entitled for a sum of
`1,93,845/- as against `60,920/- awarded by the
Tribunal.
9. The claimant in M.V.C.No.2812/2013 was aged
about 30 years as on the date of accident. His
notional income is required to be taken at `7,000/-
per month, having regard to the income chart
maintained by the Karnataka State Legal Services
Authority for the purpose of disposal of the motor
vehicle accident cases before the Lok Adalat. The
claimant had suffered the following injuries in the
accident in question:
1) LCW right foot;
2) LCW right foot medial aspect and dorsal
aspect;
8 M.F.A.101671/2016
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3) Little toe of the left foot handling left
side and
4) Fracture of 1 s t metatarsal bone of the
right foot.
The Doctor, who had treated him, was examined as
PW-3 and he has deposed that the physical disability
caused to the claimant is to the extent of 25% to the
particular limb. The Tribunal has assessed the whole
body disability at 8%. The proper multiplier
applicable having regard to the age of the injured
claimant would be '17'. In the said event, the
claimant would be entitled for a sum of `1,14,240/-
towards loss of future income due to disability. He
has incurred a medical expenses of `19,610/- and he
is entitled for reimbursement of the same.
Accordingly, `19,610/- is awarded towards medical
expenses. Having regard to the injuries suffered and
the treatment undergone by the claimant, he is
awarded compensation of `25,000/- towards pain and
suffering and `30,000/- towards loss of amenities in
9 M.F.A.101671/2016
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future life. In addition to the same, the claimant is
awarded a sum of `14,000/- towards loss of earning
during laid up period and `7,500/- towards incidental
expenses. Therefore, in all the claimant is entitled
for a sum of `2,10,350/- as against `78,960/-
awarded by the Tribunal.
The enhanced amount of compensation shall
carry interest @ 6% per annum from the date of
petition till realization in both the cases.
Since the liability is not in dispute, the second
respondent, who is the insurer of the offending
vehicle, 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 certified copy of this order.
Since the accident is of the year 2013, the
claimants are at liberty to withdraw the compensation
amount before the Tribunal on proper identification.
10 M.F.A.101671/2016
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Miscellaneous First Appeals are accordingly
partly allowed.
Sd/-
JUDGE
KNM/-
