Karnataka High Court
Irayya S/O Gurusiddayya Patted vs The Divisional Controller on 13 January, 2022
Bench: S.R.Krishna Kumar, K S Hemalekha
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
M.F.A. NO.202610/2019 (MV)
BETWEEN:
Irayya S/o Gurusiddayya Patted
Age: 64 years, Occ: Retired Teacher
And Conducting Tuition Classes
R/o: Neela Nagar, Vijayapura-586101
... Appellant
(By Sri Sanganagouda V.Biradar, Advocate)
AND:
The Divisional Controller,
MSRTC Solapur Division
Solapur-416416
... Respondent
(By Sri Rahul R. Asture, Advocate)
This Miscellaneous First Appeal is filed under Section
173(1) of the MV Act, praying to allow this appeal and enhance
the compensation as claimed in the claim petition by modifying
the Judgment and award dated 21.12.2018 passed by the court
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of III Addl. Senior Civil Judge and Member MACT No.XII, at
Vijayapura in M.V.C.No. 1634/2015.
This appeal coming on for Admission this day,
S.R.Krishna Kumar J., delivered the following:
JUDGMENT
This appeal by the claimant in MVC
No.1634/2015 is directed against the impugned
judgment and award dated 21.12.2018 passed by the
learned III Addl. Senior Civil Judge and MACT,
Vijayapur whereby the Tribunal awarded
compensation in a sum of Rs.3,57,000/- together with
interest at 9% p.a.. in favour of the claimant towards
injuries sustained by him in a road traffic accident that
occurred on 10.02.2015.
2. The occurrence of accident and the liability
of the insurance company to pay compensation as per
the insurance policy are not in dispute and the present
appeal is restricted only to the quantum of
compensation awarded by the Tribunal.
3. Heard the learned counsel for the claimant
and the learned counsel for the insurance company
and perused the material on record.
4. A perusal of the material on record and the
impugned judgment and award will indicate that
despite the un-impeached and un- controverted oral
and documentary evidence of the claimant and the
doctor PW.2 who treated him coupled with the medical
record etc., to the effect that the claimant had
incurred disability to an extent of 64% to his left leg
on account of amputation below the knee, the Tribunal
has taken only 34% disability which is contrary to the
disability mentioned in the schedule to the Employees
Compensation Act which stipulates that disability
should be taken at 50% in relation to amputation of
leg below the knee joint. Under these circumstances,
the said finding recorded by the Tribunal that the
disability incurred by the claimant is 34% deserves to
be set aside and substituted with 50% disability to the
entire body for the purpose of calculating loss of
future income.
5. Accordingly, by adopting Lok Adalath
guidelines in relation to the notional income by taking
the same as Rs.8,000/- per month since the accident
occurred in the year 2015, the loss of future income
works out to Rs.2,40,000/- (Rs.8000 x 12 x 5 x 50%)
as against Rs.1,47,000/- awarded by the Tribunal.
6. So also, having regard to the serious and
grievous nature of the injuries sustained by the
claimant in the accident who has lost his left limb
would be incapacitated and would require medical
expenses as well as personal expenses throughout his
life, having regard to the age of the claimant, we are
of the view that the compensation awarded under
other heads is meagre and insufficient and the same
deserves to be enhanced. Accordingly, total
compensation payable in favour of the claimant is as
under:
Sl.No. Head Amount
1 Loss of future income 2,40,000/-
2 Pain and suffering 1,00,000/-
3 Loss of amenities 1,00,000/-
4 Attendant's charges 50,000/-
5 Food and nourishment, 50,000/-
conveyance etc.
6 Medical expenses 1,15,000/-
Total 6,55,000/-
7. Thus, the claimant would be entitled to
additional enhanced compensation of Rs.2,98,000/-
which would carry interest @ 6% p.a. from the date of
claim petition till realization.
8. In the result, we pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated
21.12.2018 passed by the Tribunal is modified by awarding
an additional enhanced sum of Rs.2,98,000/- with interest
at 6% p.a. from the date of claim petition till realization.
(iii) The aforesaid enhanced compensation amount of
Rs.2,98,000/- along with interest as stated above shall be
deposited within a period of four weeks from today by the
Insurance company before the Tribunal.
(iv) The claimant is not entitled for interest for the
delayed period of 260 days in filing this appeal.
Sd/-
JUDGE
Sd/-
JUDGE
NSP
