Mahadevappa vs Vijayakumar And Ors
2022 Latest Caselaw 9253 Kant

                                 1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 21ST DAY OF JUNE 2022

                            PRESENT

THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                               AND

        THE HON'BLE MR.JUSTICE S. RACHAIAH

MISCELLANEOUS FIRST APPEAL No.200073/2018 (MV)

Between:

Mahadevappa S/o Basavaraj
Age: 39 years, Occ: now nil
after the accident, He is bedridden
unable to move from the bed.
Hence claim filed u/g of his legally
wedded wife Smt. Shivaleela
W/o Mahadevappa, Age: 36 years
Occ: Household, R/o Chintapalli
Tq. Chincholi, Dist. Kalaburagi
                                                   ...Appellant

(By Sri Harshavardhan R. Malipatil, Advocate)

And:

1.     Vijayakumar S/o Apparao Police Patil
       Age: Major, Occ: Owner of Tata Indica Car
       Bearing Reg.No.KA-32-M-3956
       R/o Madbool, Tq. Chittapur
       Dist. Kalaburagi-585211

2.     Veeranna S/o Shankar Naroona
       Age: Major, Occ: Owner of Tata Indica Car
       Bearing Reg.No.KA-32-M-3956
                                2

      R/o No.9-5-8/7135, Near Ishwar Temple
      Devinagar, Aland Road, Kalaburagi-585102

3.    The Oriental Insurance Co. Ltd.
      Through its Divisional Office
      By the Divisional Manager
      First Floor, N.G. Complex
      Main Road, Opp: Mini Vidhana Soudha
      Kalaburagi-585102
                                               ...Respondents

(By Sri Sanjay M. Joshi, Advocate for R3;
 R1 served;
 Notice to R2 is dispensed with v/o dated 29.01.2019)


       This MFA is filed under Section 173 (1) of the Motor
Vehicles Act, praying to allow this appeal and award
compensation of Rs.60,74,800/- (excluding the amount awarded
by the Tribunal) along with interest @ 12% p.a. by setting aside
the judgment and award of Senior Civil Judge and MACT dated
27.10.2017 in MVC No.81/2016.

     This appeal coming on for final hearing this day,
Sreenivas Harish Kumar J., delivered the following:

                        JUDGMENT

We have heard Sri Harshavardhan R. Malipatil,

learned counsel for the appellant and Sri Sanjay M. Joshi,

learned counsel for respondent No.3.

2. In a road traffic accident that took place on

27.09.2015, about 7.30 p.m. due to rash and negligent

manner of driving by the driver of Indica Car bearing

Reg.No.KA-32/M-3956, the claimant suffered multiple

injuries such as fracture of anterior and posterior wall of

right maxillary sinus, fracture of right zygomatic arch,

fracture of lateral and medial wall of right orbit, soft tissue

on right periorbial and maxillary region, hemorrhagic on

left fronto parietal region and hemorrhagic on left

perimesencephalic region, bilateral minimal to moderate

pleural effusion, undisplaced fracture of base of the

sphenoid bone and right half of hard palate and other

grievous injuries. Ex.P-8 is the discharge summary

disclosing all these injuries. The doctor who is examined

as PW-2 has opined that the claimant's disability is to the

extent of 90%. PW-2 is none other than the treating

doctor.

3. While computing the compensation, the

Tribunal considered the notional income of the claimant as

Rs.6,000/-, but according to the chart prepared by the

Legal Services Authority, notional income to be considered

is Rs.8,000/- per month. Though it is stated that the

claimant was running a Kirana shop, there is no evidence

to that effect and therefore notional income of Rs.8,000/-

should be considered. The Tribunal has considered the

disability as 45%, but having regard to the nature of

injuries sustained by the claimant and complete loss of

memory due to the injuries, there is nothing wrong in

holding disability factor at 90%. Additionally 40% can be

added to the notional income towards loss of future

prospects. Therefore, we find an absolute case for

enhancement. Instead of Rs.9,15,200/- granted by the

Tribunal, we think that the claimant is to be awarded a

total amount of Rs.25,92,100/- as per the tabular column

below:

1. Loss of future income Rs. 18,14,400/-

8000 + 40% future prospects 11,200 x 12 x 15 x 90/100 =

2. Towards medical expenses Rs. 3,28,700/-

3. Towards pain and suffering Rs. 1,00,000/-

4. Loss of amenities Rs. 1,00,000/-

5. Loss of marital life Rs. 1,00,000/-

6. Towards attendant in future Rs. 1,00,000/-

7. Food and conveyance Rs. 25,000/-

8. Loss of income during Rs. 24,000/-

treatment Total Rs. 25,92,100/-

4. Therefore, the appeal is allowed. The

impugned judgment and award dated 27.10.2017 passed

in MVC No.81/2016 by the Senior Civil Judge and MACT,

Chincholi is modified by enhancing the compensation to

Rs.25,92,100/- with 6% interest from the date of petition

till the date of payment. The respondent - Insurance

Company shall deposit the enhanced compensation

amount within six weeks from today.

Sd/-

JUDGE

Sd/-

JUDGE

swk