Karnataka High Court
The General Manager vs Veerappa Yallappa Madiwalar on 31 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 100520 OF 2014 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 22579 OF 2012
IN MFA NO.100520/2014:
BETWEEN:
VEERAPPA YALLAPPA MADIWALAR
AGE: 60 YEARS, OCC: (DOCTOR) NOW NIL, R/O
RAMAPUR EXTENSION, TAL: SAUNDATTI,
DIST: BELGAUM
...APPELLANT
(BY SRI. CHETAN T. LIMBIKAI, ADV. FOR
SANTOSH B MALAGOUDAR, ADVOCATE)
AND:
THE GENERAL MANAGER
NWKRTC GULBARGA,
THROUGH THE DIVISIONAL MANAGER, NEKRTC,
RAICHUR DIVISION, RAICHUR
(OWNER AND INSURER OF NEKRTC BUS BEARING REG.
NO.KA-36/F-360)
...RESPONDENT
(BY SRI. PRAKASH N. HOSAMANI, ADV.)
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST JUDGMENT AND AWARD DATED 22.12.2011,
PASSED IN MVC NO.518/2010 ON THE FILE OF THE ADDL.
SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.22579/2012:
BETWEEN:
THE GENERAL MANAGER
NWKRTC GULBARGA,
THROUGH THE DIVISIONAL MANAGER, NEKRTC,
RAICHUR DIVISION, RAICHUR
(OWNER AND INSURER OF NEKRTC BUS BEARING REG.
NO.KA-36/F-360)
...APPELLANT
(BY SRI. PRAKASH N. HOSAMANI, ADV)
AND:
VEERAPPA YALLAPPA MADIWALAR
AGE: 60 YEARS, OCC: (DOCTOR) NOW NIL, R/O
RAMAPUR EXTENSION, TAL: SAUNDATTI,
DIST: BELGAUM
...RESPONDENT
(BY SRI. CHETAN T. LIMBIKAI, ADV. FOR
SANTOSH B MALAGOUDAR, ADVOCATE)
3-
MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST JUDGMENT AND AWARD DATED 22.12.2011,
PASSED IN MVC NO.518/2010 ON THE FILE OF THE ADDL.
SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTI,
AWARDING THE COMPENSATION OF RS.12,91,500/- WITH
INTEREST AT THE RATE OF 6% PER ANNUM, FROM THE
DATE OF PETITION TILL REALISATION.
THESE APPEALS ARE COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE FOLLOWING:
JUDGMENT
M.F.A. No.100520/2014 is filed by the claimant
seeking for enhancement while M.F.A. No.22579/2012 is
filed by the NWKRTC.
2. The fact that an accident occurred which
resulted in the amputation of the claimant's right leg
above the knee is not in dispute.
3. The Tribunal after assessing disability at 100%
and determining the monthly income of the claimant at
Rs.6,000/- has awarded the following sum:
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
1. Towards loss of future income due Rs.7,92,000-00
to disability
2. Towards pain and sufferings Rs.1,00,000-00
3. Towards loss of amenities in life Rs.1,00,000-00
4. Towards medical expenses Rs.1,24,249-00
5. Towards disfigurement Rs.1,00,000-00
5. Attendant charges Rs.25,000-00
6. Towards food conveyance, loss of Rs.50,000-00
income during laid-up period and
other incidental charges
Total Rs.12,91,249-00
4. The learned counsel for NWKRTC contends that
assessment of 100% disability is not justified since the
claimant contends that he is a Homeopathic Practitioner
and the disability of his would still enable him to continue
his avocation. The learned counsel for the claimant on the
other hand submits that it would be virtually impossible for
a Homeopathic Practitioner to practice when he is
completely immobile and the possibility of the patients
agreeing to get treated through a physical disabled doctor
would be rather large.
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
5. In my view, having regard to the fact that the
right leg above the knee was amputated, the Tribunal was
justified in coming to the conclusion that the claimant had
suffered 100% disability. It is to be kept in mind that a
Medical Practitioner would be unable to effectively practice
without one leg of his since, the examination of patients
extra does require mobility.
6. The argument therefore of the Corporation that
the claimant was not disabled 100%, is rejected.
7. The Tribunal has determined the monthly
income at Rs.6,000/-. However, in my view, having
regard to the fact that the claimant was a Homeopathic
Practitioner and produced a certificate that he possessed a
diploma, it would be just and proper to determine the
monthly income of Rs.7,000/-.
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
8. To the said income of Rs.7,000/-, future
prospectus of 10% is to be added since the claimant was
52 years. The claimant would therefore be entitled to a
sum of Rs.10,16,400/- (i.e.7,700X12X11) as against the
sum of Rs.7,92,000/-.
9. The Tribunal has not considered payment of any
sums towards future medical expenses. However since a
sum of Rs.1,00,000/- is awarded towards disfigurement,
the sums awarded by the Tribunal would justify the non
awarding of any sum towards future medical expenses.
The sums awarded by the Tribunal in respect of the other
heads being just and proper are confirmed and only the
award regarding to the loss of future income is enhanced
from Rs.7,92,000/- to Rs.10,16,400/-.
10. Consequently, the claimants would be entitled
to following sums:
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
1 Towards loss of future income due to Rs.10,16,400/-
disability
2 Towards pain and sufferings Rs.1,00,000/-
3 Towards loss of amenities in life Rs.1,00,000/-
4 Towards medical expenses Rs.1,24,249/-
5 Towards disfigurement Rs.1,00,000/-
6 Towards attendant charges Rs.25,000/-
7 Towards food conveyance, loss of Rs.50,000/-
income during laid-up period and other
incidental charges
Total Rs.15,15,649/-
11. Thus, the claimants are entitled for total
compensation of Rs.15,15,649/- as against the sum of
Rs.12,91,249/- awarded by the Tribunal. The claimants
would be entitled to the interest thereon at the rate of 6%
per annum from the date of petition till the date of
payment.
12. In view of the above, I pass the following:
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
ORDER
(i) M.F.A No.22579/2012 filed by the
corporation is dismissed,
(ii) M.F.A No.100520/2014 filed by the
claimant is allowed in part,
(iii) The Judgment and Award dated
22.12.2011 passed in MVC No.518/2010
on the file of the Addl. Senior Civil Judge
and Addl. MACT, Saundatti, is hereby
modified. The claimant is entitled to a
total compensation of Rs.15,15,649/- as
against the sum of Rs.12,91249/-
awarded by the Tribunal. The enhanced
compensation of Rs.2,24,400/- shall
carry interest @ 6% p.a. from the date
of claim petition till the date of deposit.
However, the claimant shall not entitle
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MFA No. 100520 of 2014
C/W MFA No. 22579 of 2012
interest for the delayed period of 683
days in filing the appeal.
(iv) The Corporation/respondent is directed
to deposit the enhanced compensation
after deducting the compensation
already paid along with interest before
the Tribunal within a period of 90 days
from the date of receipt of certified copy
of this judgment.
(v) The amount awarded shall be disbursed
in the same terms as that imposed by
the Tribunal.
Sd/-
JUDGE
SMM
