Karnataka High Court
Mahadevappa S/O Laxmappa Kanti vs Raju S./O Manikchand Tell on 31 March, 2022
Bench: N.S.Sanjay Gowda
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MFA No. 101378 of 2021
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
M. F. A. NO. 101378 OF 2021 (MV-)
BETWEEN:
MAHADEVAPPA S/O. LAXMAPPA KANTI,
AGE. 40 YEARS, OCC. DRIVER,
R/O. YADALLI, TQ. SAUNDATTI,
DIST. BELGAUM.
....APPELLANT
(BY SRI CHANDRASHEKHAR S. NAGASHETTI, ADVOCATE)
AND:
1. RAJU S/O. MANIKCHAND TELL,
AT. PO -TERDAL, TAL.- JAMAKHANDI,
DIST. BAGALKOT, PIN-587 315.
2. THE MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD,
V.T. KALABURGI SQUARE CTS NO. 472-474,
DESAI CROSS, DESHPANDE NAGAR,
HUBBALLI, PN-580 029.
J
MAMATHA 3. ARJUN ULLAGADDI,
Digitally signed by J
MAMATHA
AGE MAJOR, OCC. DRIVER,
Location: Dharwad
Date: 2022.04.07
11:13:18 +0530 R/O JANATA PLOT, MUDHOL,
TAL. MUDHOL, DIST. BAGALKOT,
PIN-587 313.
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MFA No. 101378 of 2021
4. CONSERVATOR OF FORESTS
EXTENSION TRAINING AND ECO TOURISM,
DHARWAD.
5. KARNATAKA GOVERNMENT INSURANCE
DEPARTMENT, BANGALORE -01.
...RESPONDENTS
(BY SRI S.V.YAJI, ADVOCATE FOR RESPONDENT NO.2)
(BY SRI GIRIJA S.HIREMATH, HCGP FOR RESP.NOS.4 AND 5)
(SERVICE OF NOTICE TO RESPONDENT NOS.1 AND 3 -
DISPENSED WITH)
THIS M.F.A. IS FILED U/S.173 (1) OF MOTOR VEHICLES
ACT, PAYING TO MODIFY THE JUDGMENT AND AWARD DATED
31.12.2015 PASSED IN MVC NO.397/2011 ON THE FILE OF THE
IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD
AND AWARD THE COMPENSATION AS PRAYED FOR IN THE
CLAIM PETITION BY ALLOWING THIS APPEAL, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimant.
2. The Tribunal has awarded the following
sums:
MFA No. 101378 of 2021
Pain and suffering Rs.20,000/-
Medical expenditure as per Rs.1,93,334/-
Ex.P.10 and 12
Loss of income during laid and Rs.6,000/-
rest period.
Attendant, conveyance charges Rs.5,000/-
Loss of happiness and frustration Rs.5,000/-
etc.,
Loss of future income on the Rs.1,15,200/-
ground of disability based on the
following calculation i.e., notional
income of Rs.6,000/- X 12 X 16=
Rs.11,52,000/- of 10% as stated
above total amount would be
Total Rs.3,44,534/-
3. The Tribunal has apportioned the liability to
the extent of 50% of the award amount on the 2 n d
respondent-Reliance General Insurance Company
Limited and 50% on the 5 t h respondent-KGID.
4. A joint submission is made by learned
counsel for the claimant and the counsel for the
respondent No.2-Insurance Company that the
finding of the liability can be modified and the 2 n d
respondent be made liable to 70% and respondent
MFA No. 101378 of 2021
No.5 be made liable at 30%. This joint submission
is accepted and the finding recorded by the
Tribunal is accordingly modified.
5. Similarly, a joint submission is also made
that the sums awarded by the Tribunal can be
enhanced to the following extent.
Pain and suffering Rs.50,000/-
(enhanced)
Medical expenditure as per Rs.1,93,334/-
Ex.P.10 and 12
Loss of income during laid up Rs.36,000/-
period. (enhanced)
Attendant, conveyance charges Rs.15,000/-
(enhanced)
Loss of happiness and frustration Rs.35,000/-
etc., (enhanced)
Loss of future income. Rs.1,15,200/-
Future medical expenses Rs.30,000/-
(awarded in
this appeal)
Total Rs.4,74,534/-
MFA No. 101378 of 2021
6. Consequently, the appeal is allowed in
part.
7. The compensation is enhanced by a sum of
Rs.1,30,000/-. Hence, the appellant-claimant is
entitled to Rs.4,74,534/- with interest at the rate
of 6% per annum instead of Rs.3,44,534/- with
interest at the rate of 9% per annum from the date
of petition till deposit awarded by the Tribunal.
8. It is held that the 2 n d respondent would be
liable to satisfy 70% of the compensation so
awarded and the 5 t h respondent would be liable to
the extent of 30%.
SD
JUDGE
CKK
