Karnataka High Court
Sri Mahaveer Ashok Chougule vs Sri Bhavakanna Y Talwar on 3 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3 R D DAY OF MARCH, 2022
BEFORE
THE HON 'BLE MR.JUSTICE N .S.SANJAY GOWDA
M.F.A.No.21578/2010 (MV)
BETWEEN:
SRI MAHAVEER ASHOK CHOUGULE,
AGE: 37 YEARS, OCC: DRIVER,
PRESENTLY NIL,
R/O BASTAWAD VILLAGE,
DIST: BELGAUM. ... APPELLANT
(BY SHRI HARISH S.MAIGUR, ADV.)
AND:
1. SRI BHAVAKANNA Y TALWAR,
AGE: MAJOR, OCC: BUSINESS,
R/O R. NO. 199, PATIL GALLI,
DHARWAD ROAD, KHASBAG, BELGAUM.
2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
BILIGI PLAZA, COLLEGE ROAD,
BELGAUM.
3. SHRI MAHAVEER MANIK PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O D A COLONY, BASAWANKUDACHI,
BELGAUM.
4. THE UNITED INSURANCE CO. LTD.,
DO SEETHA SMRUTHI, 2ND FLOOR,
MARUTHI GALLI, BELGAUM. ... RESPONDENTS
(BY SHRI M.K.SOUDAGAR, ADV. FOR R2,
SHRI RAVINDRA R.MANE, ADV. FOR R4,
R1 AND R3 SERVED AND UNREPRESENTED)
:2:
THIS MFA FILED U/SEC. 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED: 12-01-2010 PASSED IN
MVC.NO.2844/2005 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT-IV AND MEMBER, ADDL. MACT, BELGAUM,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This app eal is filed by the claimant being
dissatisfied with the award of compensation of
Rs.1,06,275/-.
2. The fact that an accident occurred on
19.06.2005 between the motorcycle b eing d riven
by the claimant and another motorcycle is not in
dispute. The fact that the offending motorcycle
was insured is not in dispute. The Tribunal on
consid eration of the evid ence has proceeded to
award the following sums:
Sl.
No H ea ds A m o unt
.
1 T ow a rd s p a i n a nd s uff e rin g Rs . 3 0, 00 0 / -
2 T ow a rd s los s of a m en it i es a n d
c om fo rts Rs . 3 0, 00 0 / -
3 T ow a rd s m e d ic a l ex p ens es
(s up po rt ed b y m ed ic a l b ills w o rt h
Rs .2 2 ,5 0 0 /- ) Rs . 2 2 ,5 0 0 /-
4 T ow a rd s s pec ia l d i et , c on v ey a nc e
a nd at t e nd a nt c h a rg es Rs . 1 0 ,0 0 0 /-
5. L os s of inc om e du rin g l a id o ff
p er io d f or t w o m ont hs Rs . 6 ,00 0 / -
6. L os s of fut u re ea rn ing c ap ac it y
( Rs .3 ,00 0 X1 2= 36 ,0 00 /2 =
Rs .1 8 ,0 0 0 X1 6 = Rs . 4 3 ,2 0 0 /-
Rs .2 ,8 8 ,0 0 0 X1 5 % = 43 , 20 0 /-
T ot al Rs . 1, 41 ,7 0 0 /-
7. L es s 25 % t o wa rd s o w n ne g lig e nc e Rs . 3 5 ,4 2 5 /-
8. E nt it led b y p et i t io ne r b e ing 7 5 % of
c om p e ns a t i on a m ou nt Rs . 1, 06 ,2 7 5 /-
3. Learned counsel for the ap pellant
contends that the charge-sheet had been laid
ag ainst the rid er of the other motorcycle and yet
the Tribunal has proceeded to apportion the
negligence in the ratio of 25:75 and thereby,
reduced compensation by an extent of 25% to the
claimant. He submits that the p anchanama,
Ex.P.3 would clearly indicate that the claimant
was in no way responsible for the accident and
therefore, this imposition of contrib utory
negligence was incorrect.
4. He also submits that the income taken
while computing loss of future earning cap acity is
on the lower side. He submits that the Tribunal
could not have deducted 50% towards personal
exp enses. Lastly, he submits that sums award ed
towards pain and suffering and loss of amenities
are also on the lower side.
5. It is not in d ispute that the accident
occurred between two motorcycles on a tar road
which was about 23 feet wide with 6 feet of mud
should er on either side. The Tribunal has merely
stated that the panchanama g oes to show that
both the riders of the motorcycle had not taken
proper care and caution. In my view, this finding
is b ased on a conjecture and the same cannot be
accep ted . Having reg ard to the fact that the
police have laid a charg e-sheet against the d river
of the other motorcycle, the decision of the
Tribunal in imposing 25% contributory neglig ence
on the claimant, is incorrect. The finding to that
effect is therefore, set asid e.
6. The Tribunal has taken the monthly
income as Rs.3,000/-. As on the d ate of the
accid ent i.e., on 19.06.2005, as per the notional
income chart prep ared by the Karnataka State
Leg al Services Authority, the monthly income
fixed is Rs.3,500/-.
7. In a case of injury, the Tribunal could
not have deducted 50% of the notional income
towards personal expenses.
8. The doctor has assessed 40% d isability
to the rig ht lower limb and the Tribunal has
therefore, concluded that the claimant has
suffered 15% disability to the whole body. This
finding cannot b e found fault with.
9. Consequently, in respect of loss of
future earning capacity, the claimant would b e
entitled to a sum of
Rs.3,500X12X16X15%=1,00,800/-.
10. The Tribunal has award ed a sum of
Rs.30,000/- towards p ain and suffering and
Rs.30,000/- towards loss of amenities and
comforts. Having reg ard to the grievous injuries
sustained by the claimant, in my view, the
comp ensation award ed towards pain and suffering
and towards loss of amenities is enhanced to
Rs.50,000/- each.
11. Hence, the claimant is entitled to the
modified award which read s as under:
Sl. Heads Modified Award
No.
1 Towards loss of future earning capacity
(Rs.3,500X12X16X15%)
Rs.1,00,800/-
2 Towards pain and suffering Rs. 50,000/-
3 Towards medical expenses Rs. 22,500/-
4 Towards special diet, conveyance and
attendant charges
Rs. 10,000/-
5 Towards loss of amenities Rs. 50,000/-
6 Towards loss of income during laid off
period for two months Rs. 7,000/-
Total Rs.2,40,300/-
12. Thus, the claimant is entitled for total
comp ensation of Rs.2,40,300/- as ag ainst the sum
of Rs.1,06,275/- award ed by the Tribunal.
13. In view of the above, I p ass the
following:
ORDER
(i) The app eal is allowed in p art,
(ii) The Judgment and Award
dated 12.01.2010 passed in
MVC No.2844/2005, on the file
of the Presiding Officer, FTC-
IV and Addl. MACT, Belgaum,
is hereby modified. The
claimant is entitled to a total
compensation of Rs.2,40,300/-
instead of Rs.1,06,275/-
award ed by the Tribunal. The
enhanced compensation of
Rs.1,34,025/- shall carry
interest @ 6% p.a. from the
date of claim p etition till the
date of d eposit,
(iii) The Insurance Comp any/2 n d
respondent is directed to
deposit the enhanced
compensation after deducting
the compensation alread y paid
along with interest before the
Tribunal within a period of 90
days from the date of receipt
of certified copy of this
judgment,
(iv) The amount awarded shall be
disbursed in the same terms
as that imposed by the
Tribunal.
(Sd/-)
JUDGE
Jm/-
