Karnataka High Court
Dharigounda S/O Bhimagouda Patil vs Krishnamoorthy P on 26 July, 2022
Bench: H.P.Sandesh
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MFA No. 25379 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 25379 OF 2010 (MV-I)
BETWEEN:
1. DHARIGOUNDA S/O BHIMAGOUDA PATIL
AGE: 39 YRS, OCC: ENGINEER (CLASS III CONTRACTOR),
R/O H.NO.645SHASTRI NAGAR, B.K.KANGRALITAL and
DIST: BELGAUM
...PETITIONER
(BY SRI. VISHWANATH V BADIGER.,ADVOCATE)
AND:
1. KRISHNAMOORTHY P.
AGE: MAJOR, OCC: BUSINESSR/O K.G.R.
TRANSPORTSSHANMUGAM COMPLEX, NEW EDAPPADY
ROAD, SANKAGIRITAMILNADU-637301
2. THE MANAGER
THE ROYAL SUNDARAM ALLIANCE INS CO.LTD46, WHITES
ROAD, CHENNAI-600014
...RESPONDENT'S
(BY SRI. KRISHNAMOORTHY P :R1-SD.,ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 31/7/2010 PASSED IN
MVC.NO.1338/2004 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND ADDL. MACT, BELAGAVI.
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MFA No. 25379 of 2010
THIS APPEAL IS COMING ON FOR ORDER HEARING THIS DAY.
THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
Heard the learned counsel for the appellant-claimant
and the respondent No.2-insurance company.
2. The factual matrix of the case of the appellant-
claimant is that on 8/4/2004 at about 5.30 p.m., when
claimant and his brother-Malagoud Patil were going towards
Belgaum City on Motor Cycle bearing No.K.A-22/V-1546, the
driver of the truck bearing No. KA 01-AD-5353 came in high
speed and took sharp turn towards left side and hit the
motor cycle from back side and due to which, the claimant
sustained injuries and immediately after the accident, he was
shifted to KLE hospital. It is further contended by the
claimant that due to the accident, the claimant sustained
fracture of tebia with talus fracture. Before the accident, he
was hale and healthy and working as a Engineer and class III
contractor and having yearly income of Rs.1,20,000/-. Due
to the accidental injuries, he has permanently disabled and
he has lost his income.
MFA No. 25379 of 2010
3. In support of his claim, claimant was examined
as PW-1 and doctor was examined as PW-2 and produced
seventy four documents and same were marked as Ex.P.1 to
Ex.P.74. On the other hand, the respondents did not
examine any witness and however produced three
documents and same were marked as Exs.R.1 to 3. The
Tribunal after consideration of both oral and documentary
evidence on record awarded compensation of Rs1,00,000/-
with interest at the rate of 6% p.a. and directed respondent
No.2- insurance company to pay the compensation. Being
aggrieved by the said judgment and award, the present
appeal is filed by the injured claimant.
4. Learned counsel appearing for the appellant
would submit that Tribunal has erred in awarding meager
compensation on the head of pain and sufferings and loss of
earning capacity, which requires interference by this Court.
5. Per contra, learned counsel appearing for
respondent No.2-insurance company sought to justify the
impugned judgment and award passed by the Tribunal. He
MFA No. 25379 of 2010
further contended that that the Tribunal while calculating the
disability, in detail discussed in para 13 of the judgment and
recorded the finding that neither material was produced with
regard to reducing his income and nor produced any
document to show that he was not able to participate in the
tender proceedings on account of accidental injuries. Hence,
sought for dismissal of the appeal.
6. Having heard the respective counsel and perusing
the material on record, the points that arise for consideration
of this Court are:
i) Whether the Tribunal has committed an error in
not awarding just and reasonable compensation?
ii) What order?
7. Answer to point Nos.1 and 2: The occurrence
of the accident and the fact that the claimant took treatment
in the hospital is not in dispute. Ex.P.5- wound certificate
discloses that he has suffered fracture of posterior lateral
margin of lower tibia with talus fracture. He was taken
treatment as an inpatient for a period from 8/4/2004 to
MFA No. 25379 of 2010
20/4/2004. The claimant has also produced medical bills to
the tune of Rs.52,614/- as per Ex.P.71. Having taken note of
the nature of injuries suffered by the claimant and period of
hospitalization, Tribunal has awarded meager compensation
on the head of pain and sufferings and the same is enhanced
to Rs.35,000/- as against Rs.20,000/-. The accident is of the
year 2004 and claimant was working as Engineer and Class
III contractor, it is just and appropriate to consider the
income of the claimant at Rs.10,000/- per month. No
material is placed with regard to reducing of his income after
the accident. However, taking into account that he was
hospitalized for a period of 12 days and suffered fracture of
posterior lateral margin of lower tibia with talus fracture, it is
just and proper to consider disability of 8% and applying
multiplier of 16, loss of future income would be (10,000/-
x12x16x8%)=1,53,600/-. Claimant was taken treatment as
an inpatient for a period of 12 days i.e. from 8/4/2004 to
20/4/2004 and sustained fracture of posterior lateral margin
of lower tibia and hence, it is just and appropriate to award
compensation of Rs.30,000/- under the head of loss of
MFA No. 25379 of 2010
earning due to laid-up period. The Tribunal has awarded
compensation under the head of medical expenses and
nutritious food of Rs.65,000/- and the same does not require
any interference. The Tribunal awarded compensation of
Rs.15,000/- under the head of loss of amenities and future
unhappiness, which remains unaltered and hence, the
claimant is entitled for enhanced compensation of
Rs.2,98,600/-.
8. In view of the discussion made above, I pass the
following:
ORDER
i) The appeal is allowed in part,
ii) The judgment and award of the II Addl. Senior
Civil Judge and Addl. MACT, Belagavi, in
M.V.C.No.1338/2004 dated 31/7/2010 stands
modified,
iii) The appellant is entitled for compensation of
Rs.2,98,600/- with interest at 6% p.a. from the
MFA No. 25379 of 2010
date of petition till realization as against
Rs.1,00,000/- awarded by the Tribunal.
iv) The insurance company is directed to deposit
enhanced compensation amount within six weeks
from the date of receipt of certified copy of the
order.
Sd/-
JUDGE
VB
