Sri.Vijendra S/O Shivanand ... vs Sri.Mahantesh S/O ...
2022 Latest Caselaw 3772 Kant

Citation : 2022 Latest Caselaw 3772 Kant
Judgement Date : 5 March, 2022

Karnataka High Court

Sri.Vijendra S/O Shivanand ... vs Sri.Mahantesh S/O ... on 5 March, 2022

Bench: N.S.Sanjay Gowda

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 05 T H DAY OF MARCH, 2022

                          BEFORE

THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

              M.F.A. No.102293 OF 2019 (MV)

BETWEEN:

SRI. VIJENDRA
S/O. SHIVANAND GADAGI
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: RON, TQ: RON,
DIST: GADAG - 582101.
                                               ... APPELLANT
(SRI. D. V. PATTAR, ADVOCATE)

AND:

1.     SRI. MAHANTESH
       S/O. RAMACHANDRAPPA GARASANGI
       AGE: MAJOR, OCC: BUSINESS,
       R/O: AMBALANUR, TQ: SINDAGI,
       DIST: BIJAPUR - 586108.
       (OWNER OF BULERO GOODS BEARING
       REGISTERATION NO.KA-28/B-6651)

2.     THE DIVISIONAL MANAGER,
       IFFCO-TIKIO GENERAL
       INSURANCE COMPANY LIMITED
       NEAR OLD BUS STAND,
       OPP: BASAVA VANA,
       NEW COTTON MARKET,
       HUBBALLI-580020.
                                             ... RESPONDENTS
(BY SRI. B. C. JNANAYYASWAMI, ADV. FOR R1;
 SRI. RAVINDRA R. MANE, ADV. FOR R2)
                                      -2-




                                            MFA No. 102293 of 2019


      THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
15.12.2015 PASSED IN MVC NO.38/2014 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RON, ALLOWING THE CLAIM PETITION FILED UNDER
SECTION 166 OF M.V. ACT.

       THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                               JUDGMENT

The claimant being dissatisfied with the award of

Rs.4,04,800/-, has preferred this appeal.

2. The fact that an accident occurred on 17.04.2013

and as a result, the claimant had sustained injuries is not in

dispute. The fact that the vehicle in question was insured is

also not in dispute.

3. The Tribunal on consideration of the medical

evidence has come to the conclusion that the claimant has

suffered functional disability of 20% to the whole body. The

Tribunal had thereafter considered the monthly income of the

claimant at Rs.6,000/- per month and awarded the following

sum:

1 Disability 72,000X17X20% Rs.2,44,800/-

MFA No. 102293 of 2019

2 Pain and suffering Rs.60,000/-

3 Loss of amenities, Discomfort Rs.30,000/-

In future life etc., 4 Loss during laid up period Rs.24,000/-

(Rs.6000X4) 5 Medical Bills Rs.36,000/-

6 Medical Attendant charges, Rs.10,000/-

Nourishment Diet and Transportation Total Rs.4,04,800/-

4. It is the case of the learned counsel for the claimant

that the assessment of the monthly income by the Tribunal at

Rs.6,000/- is very meager. Consequently, the loss of earning

awarded for the laid-up period is also on the lower side.

5. As per the chart prepared by the Karnataka State

Legal Services Authority, in respect of the accidents occurred

during the year 2014, the monthly income of the victims is to

be considered as Rs.7,500/-.

6. The claimant would thus be entitled to a sum of

Rs.3,06,000/- (i.e., Rs.7,500X12X17X20%). Consequently, the

loss of earning during the laid-up period is also to be enhanced

to Rs.30,000/- (i.e. 7500X4).

MFA No. 102293 of 2019

7. The appellant is also entitled for a sum of

Rs.30,000/- towards loss of amenities and Rs.50,000/- towards

pain and suffering. The claimant would therefore be entitled to

following sum:

1 Disability 90,000X17X20% Rs.3,06,000/-

2 Loss of earning during the laid Rs.30,000/-

up period (Rs.7500X4) 3 Loss of amenities, Discomfort Rs.30,000/-

In future life etc., 4 Pain and suffering Rs.50,000/-

5   Medical Bills                               Rs.36,000/-

6   Medical Attendant charges,        Rs.10,000/-
    Nourishment Diet and
    Transportation
                             Total Rs.4,62,000/-

6. Thus, the claimant is entitled for total compensation

of Rs.4,62,000/- as against the sum of Rs.4,04,800/- awarded

by the Tribunal, carried in interest at the rate of 6% per annum

from the date of claim petition till the date of deposit.

2. In view of the above, I pass the following:

ORDER

(i) The appeal is allowed in part,

MFA No. 102293 of 2019

(ii) The Judgment and Award dated

15.12.2015 passed in MVC No.38/2014,

on the file of the Senior Civil Judge and

Addl. MACT, Ron, is hereby modified.