Karnataka High Court
Chandsingh S/O Shivasingh ... vs S. Basavaraju S/O Sivanna on 24 May, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
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MFA No. 101463 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO.101463 OF 2017 (MV-I)
BETWEEN:
CHANDSINGH S/O SHIVASINGH RAJAPUT
AGED ABOUT 44 YEARS,
OCC:BUSINESS AND PRESS REPORTER
R/O. KARATAGI, TQ:GANGAVATHI
DIST:KOPPAL
... APPELLANT
(BY SRI. RAJASHEKAR GUNJALLI, ADV., AND
SRI. VIJAY S. CHINWAR, ADV.,)
AND:
1. S. BASAVARAJU S/O SIVANNA
AGE:36 YEARS, OCC:DRIVER OF LORRY
BEARING NO. KA17/A-8466
R/O. THIPPAREDDY HALLY,
CHELLIKERI, TQ:CHELLIKERI
DIST:CHITRADURGA
Digitally
TR
signed by
JAGADISH
JAGADISH T R
Date:
2. VENKATESH S/O HULLEPPA
2022.05.26
11:15:45
+0530
AGED ABOUT 49 YEARS,
OCC:OWNER OF LORRY NO.KA-17/A-8466
R/O:#1725/A OPPOSITE POOJA HOTEL
SIDDAPPA GARAGE, P.B.ROAD,
DAVANAGERE
-2-
MFA No. 101463 of 2017
3. SRI. RAM GENERAL INSURANCE CO.LIMITED
S. S. CORNER BUILDING NO.302,
3RD FLOOR, OPPOSITE BOWRING AND
LADY CURZON HOSPITAL
SHIVAJINAGAR, BANGALURU.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV., FOR R3;
R1- NOTICE SERVED, R2- NOTICE DISPENSED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 27.02.2016
PASSED IN MVC NO.53/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL, GANGAVATHI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION, THIS DAY, P.KRISHNA BHAT J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is at the instance of the appellant-
claimant calling in question the judgment and award dated
27.02.2016 in MVC No.53/2013 by the learned Senior Civil
Judge and M.A.C.T., at Gangavathi (for short "the
Tribunal") by which the claim petition was allowed in part
MFA No. 101463 of 2017
awarding a total compensation of Rs.5,38,428/- with
interest thereon at 6% per annum from the date of
petition till the date of realization for the personal injuries
suffered by the appellant-claimant.
2. The brief facts insofar as the same is necessary
for the present purposes are that the claimant-appellant
was driving Bollero vehicle bearing registration No.KA-
37/M-3923 near Krishna Petrol Bunk at D.Hirehalli village
on 04.10.2010 at about 6.45 a.m., and the offending lorry
bearing registration No.KA-17/A-8466 came from
Ramapuram side in high speed, in rash and negligent
manner and dashed against the Bollero vehicle, resulting
in grievous injuries to the appellant-claimant.
3. The grievance of the appellant-claimant is that
in awarding a compensation at Rs.5,38,428/-, the learned
Tribunal has committed an error in assessing
compensation under the various heads and thereby
awarded a lower compensation.
MFA No. 101463 of 2017
4. Learned counsel appearing for the Insurance
Company has vehemently contended that the
compensation awarded by the learned Tribunal is fair and
just and therefore, no enhancement in the compensation
is called for.
5. We have bestowed careful consideration to the
submission made on both sides and we have also perused
the records.
6. Under the head of loss of future income, the
learned Tribunal has awarded a sum of Rs.1,61,280/- to
the appellant-claimant. For the said purpose, learned
Tribunal has come to the conclusion that the notional
income of the claimant-appellant is Rs.8,000/- per month,
he being not a salaried employee of either government or
State organization or under private organization. The case
of the claimant-appellant is that he was running a Kirana
shop and he was also a stringer for Kannada Daily
"Samyukta Karnataka". In support of the said contention,
the appellant-claimant produced VAT receipt at Ex.P-266
MFA No. 101463 of 2017
and he has further produced Ex.P-265. Ex.P-265 shows
that the Kannada Daily "Samyukta Karnataka" had issued
an Identity Card to the appellant-claimant showing that he
is a stringer for the said newspaper from Karatagi.
Similarly, Ex.P-266 shows that the appellant-claimant was
registered for the purpose of payment of VAT under Rule
9(1) of the said Rules under the Karnataka Value Added
Taxes Act, 2003. He is considered as a dealer for the said
purposes. We consider that the above documents taken
along with the oral evidence shows that claimant-appellant
is an interpreting person and taking into consideration the
said aspect, it is just and reasonable to fix his monthly
income for the year 20012 at Rs.9,000/-. We have no
reason to disagree with the whole body disability assessed
by the Tribunal at 12%. We accept the multiplier taken by
the Tribunal at '14' having regard to his age as appearing
in the driving licence of the claimant (Ex.P-264).
Accordingly, the loss of future income will have to be re-
computed as follows:
MFA No. 101463 of 2017
Rs.9,000 x 12 x 12% x 14 = Rs.1,81,440/-
7. The wound certificate of the claimant-appellant
is at Ex.P-203, which is issued by Vijayanagar Institute of
Medical Sciences, Ballari. It shows the following injuries;
1) Head injury present
2) Injury to left chest.
3) # left side femur.
X-ray No.2008/Registration-187882/04/10/12
3) # left side femur middle 1/3rd
I am of the opinion that 1) and 2) simple in
nature & 3) Grevious in nature.
8. Since the claimant-appellant has suffered
fracture of left side femur middle 1/3rd, the award made
by the learned Tribunal at Rs.10,000/- under the head of
pain and sufferings is inadequate and we therefore, award
Rs.35,000/- under the said head. Similarly, the learned
Tribunal has awarded Rs.5,000/- under the head of loss of
amenities and in view of the disability assessed by the
Medical Expert and accepted by the learned Tribunal, we
enhance the same to Rs.25,000/-. Learned Tribunal has
MFA No. 101463 of 2017
awarded Rs.5,000/- under the head of food & nourishment
and attendant's charges, which is required to be enhanced
to Rs.15,000/- and accordingly, we do so.
9. In view of serious fracture to the left femur
bone of the claimant-appellant, he would not have been in
a position to work at least for a period of three months
and therefore, we award Rs.27,000/- under the head of
loss of income for the laid-up period in the place of
Rs.16,000/- awarded by the Tribunal.
10. Learned Tribunal has awarded Rs.3,41,148/-
under the head of medical expenses, which is based on
medical bills produced by the claimant-appellant and
therefore, we affirm the same.
11. In that view of the matter, the claimant-
appellant is entitled to be awarded a total compensation of
Rs.6,24,588/- as under;
MFA No. 101463 of 2017
Amount
Heads
(In Rs.)
Loss of future earnings on account of 1,81,440/-
disability (Rs.9000 x 12 x 12% x 14 =
Rs.1,81,440/-)
Towards pain and sufferings 35,000/-
Loss of amenities 25,000/-
Towards food, nourishment and attendant 15,000/-
charges
Loss of income for the laid up period 27,000/-
(Rs.9,000 x 3 = Rs.27,000/-)
Towards medical expenses 3,41,148/-
Total 6,24,588/-
12. Learned Tribunal has awarded Rs.5,38,428/-,
therefore, the enhanced compensation awardable in this
appeal is Rs.86,160/-.
13. On the enhanced amount of compensation, the
Insurance Company is liable to pay interest @ 6% per
annum from the date of petition till the date of payment.
14. The appeal is allowed to the said extent.
MFA No. 101463 of 2017
15. The respondent-Insurance Company shall
deposit the enhanced compensation with interest thereon
as directed hereinabove within a period of six weeks from
the date of receipt of certified copy of this judgment.
16. Registry to return the records to the learned
Tribunal forthwith.
17. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and are dismissed accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
YAN
