Karnataka High Court
Sri. Basavaraj S/O. Karisiddappa ... vs Sri. Ravi S/O. Hanumathagouda ... on 17 March, 2022
Bench: S.Sunil Dutt Yadav, K.S.Hemalekha
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MFA No. 103887 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO. 103887 OF 2018 (MV-I)
BETWEEN:
1. SRI. BASAVARAJ S/O. KARISIDDAPPA JAGALURE,
AGED ABOUT 30 YEARS, OCC: CLEANER,
R/O: KILLE ONI, MUDHOL, TQ: YALABURGA,
DIST: KOPPAL NOW AT SIDDARAMESHWAR GALLI,
HALIYAL-581329.
...APPELLANT
(BY SRI. GIRISH S HIREMATH, ADVOCATE)
AND:
1. SRI. RAVI S/O. HANUMATHAGOUDA KAJJIDONI,
AGED ABOUT 47 YEARS,
OCC: OWNER OF SHRINIVAS TRANSPORT TRUCK
NO.48-5682,
R/O: SHRINIVAS NAGAR, LOKAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587101.
Digitally
signed by
JAGADISH
TR
JAGADISH Location:
TR DHARWAD
Date:
2. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED
2022.03.23
10:45:16
+0530 REGD.OFFICE, IFFCO SADAN C1,
DIST: CENTRE SAKET, NEW DELHI-110017.
REPTD BY ITS DIVISIONAL MANAGER,
IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED
STRETEGIC BUSINESS UNIT, SUDEV PLAZA,
3RD FLOOR,OPP: SHRI LAXMI TEMPLE,
DAJIBAN PETH, HUBLI-580010.
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MFA No. 103887 of 2018
3. SRI. BIMAPPA S/O. BALAPPA NADAGOUD,
AGED ABOUT 42 YEARS,
OCC: OWNER OF TURCK BEARING No.KA-48-6482,
R/O: VICKY ENTERPRISES,
LOKAPUR, TQ: MUDHOL,
DIST:BAGALKOT-587101.
4. THE ORIENTAL INSURANCE COMPANY LIMITED,
REPTD.BY ITS DIVISIONAL MANAGER,
JUBLI CIRLCE, P. B. ROAD,
DHARWAD-580001.
...RESPONDENTS
(BY SRI.SUBHASH J BADDI, ADVOCATE FOR R2;
SMT. ARUNA R DESHPANDE, ADVOCATE FOR R4;
NOTICE TO R1 AND R3 DISPENSED WITH)
M.F.A. FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 12.07.2018 PASSED IN MVC No.363/2016 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, HALIYAL, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, K.S.
HEMALEKHA J., DELIVERED THE FOLLOWING:
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MFA No. 103887 of 2018
JUDGMENT
The injured-claimant has preferred this appeal
seeking for enhancement of compensation assailing the
judgment and award dated 12.07.2018 in MVC
No.363/2016 and on the file of the learned Senior Civil
Judge and Member, Additional Motor Accident Claims
Tribunal, Haliyal (for short, 'Tribunal').
2. The injured - claimant in a road traffic
accident that had occurred in 08.05.2015, had sustained
grievous injuries all over the body and that the accident
occurred due to rash and negligent driving of the drivers
of two Trucks bearing registration No.KA-48/5682 and
KA-48/6482.
3. The Tribunal considering the pleadings and
material evidence on record held that the accident had
occurred due to rash and negligent driving of the drivers
of two Trucks bearing registration No.KA-48/5682 and
KA-48/6482, fastening the liability on the Insurance
Company - respondent No.2 to the extent of 40% and
Insurance Company - respondent No.4 to the extent of
MFA No. 103887 of 2018
60%, awarded compensation of Rs.2,83,270/- under the
following heads.
Sl. Particulars Amount in Rs.
No.
1 Towards Pain and suffering 43,000/-
2 Towards medical expenses 66,470/-
3 Food, diet and nourishment 6,000/-
4 Conveyance charges 3,000/-
5 Loss of earning during the laid 7,000/-
up period of treatment
6 Loss of future earning capacity 1,42,800/-
7 Towards loss of amenities 15,000/-
Total 2,83,270/-
4. Being not satisfied with the award of
compensation by the Tribunal, the injured - claimant has
preferred this appeal seeking enhancement of
compensation.
5. Heard the learned counsel for the appellant
and learned counsel for the respondent No.2 and
respondent No.4 - Insurance Companies.
6. It is the contention of the learned counsel for
the appellant - claimant that the Tribunal has taken the
income of the injured at Rs.7,000/- per month and as per
the guidelines of the Karnataka State Legal Services
Authority, notional income of the injured has to be taken
at Rs.8,000/- per month. It is further contended that the
MFA No. 103887 of 2018
award of compensation under various heads is on the
lower side and same requires to be enhanced reasonably.
7. Per contra, learned counsel for the respondent
No.2 and respondent No.4 - Insurance Companies
supporting the impugned judgment and award of the
Tribunal would contend that the compensation awarded
by the Tribunal is just, fair and proper and same does not
call for interference of this Court.
8. The date, time and place of occurrence are
not in dispute and also fastening of liability to the extent
of 40% and 60% on the Insurance Companies is also not
in dispute. The Tribunal has taken the income of the
injured at Rs.7,000/- per month. As per the guidelines of
Karnataka State Legal Services Authority, in the absence
of any document to show the actual income, this Court
and Lok Adalath while settling the accidental claims of the
year 2015, the notional income of the injured is to be
taken at Rs.8,000/- per month.
9. Multiplier of '17' as taken by the Tribunal
considering the age of the injured, who was in the age
group of 26 to 30 years and disability of 10% assessed by
MFA No. 103887 of 2018
the Tribunal is not disturbed, which is just and proper.
Thus, the loss of future earning capacity
comes to Rs.1,63,200/- (Rs.8,000 x 10 x 17 x 12).
The claimant-injured is entitled for 'loss of earning during
laid up period' for two months, which comes to
Rs.16,000/- (Rs.8,000x2) and the claimant is also
entitled for compensation under 'loss of amenities',
'conveyance charges'. The claimant-injured is entitled for
total compensation under the following heads:
Sl. Particulars Amount in Rs.
No.
1 Towards Pain and suffering 43,000/-
2 Towards medical expenses 66,470/-
3 Food, diet and nourishment 6,000/-
4 Conveyance charges 5,000/-
5 Loss of earning during the laid 16,000/-
up period of treatment
6 Loss of future earning capacity 1,63,200/-
7 Towards loss of amenities 20,000/-
Total 3,19,670/-
10. Accordingly, the claimant is entitled for
enhanced compensation of Rs.36,400/- (3,19,670 -
2,83,270) with interest at the rate of 6% per annum
from the date of petition till realization. The respondent
No.2 and respondent No.4 - Insurance Company are
MFA No. 103887 of 2018
liable to pay the compensation under the ratio of 40:60.
Accordingly, we pass following:
ORDER
a) Appeal filed by the claimant is allowed in
part.
b) The claimant-injured is entitled for
enhanced compensation of Rs.36,400/-
with interest at the rate of 6% per
annum from the date of petition till
realization.
c) The respondent No.2 and respondent
No.4 - Insurance Company are directed
to deposit the enhanced compensation
with proportionate interest in the ratio of
40:60 within four weeks from the date of
release of this order.
d) Trial court records to be transmitted
forthwith.
e) Draw modified award accordingly.
f) No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
AC
