Karnataka High Court
Sri. Manjunath S/O Sharanappa ... vs Sri. Rudragouda S/O ... on 14 September, 2022
Bench: S G Pandit, Anant Ramanath Hegde
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MFA No. 101128 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 101128 OF 2018 (MV-I)
BETWEEN:
SRI. MANJUNATH S/O SHARANAPPA SUDI
AGED ABOUT 27 YEARS, OCC:PRIVATE GUMASTA
R/O KILLA AREA, GANGAVATHI,
TQ:GANGAVATHI, DIST:KOPPAL 583201
...APPELLANT
(BY SRI. B SHARANABASAWA, ADVOCATE)
AND:
1. SRI. RUDRAGOUDA S/O CHANNANAGOUDA
@ CHANDANAGOUDA, AGED ABOUT 33 YEARS,
OCC:GUMASTA AND RIDER OF HONDA ACTIVE
BEARING NO.KA-37/W-8169,
R/O PRASHANTA NAGARA,
GANGAVATHI, TQ:GANGAVATHI, DIST:KOPPAL 583201
2. SRI CHANNABASAVA HUGAR S/O SHIVARAJ HUGAR,
AGED ABOUT 38 YEARS, OCC:BUSINESS AND OWNER OF
HONDA ACTIVE BEARING NO.KA-37/W-8169, R/O WARD
Digitally signed
by J MAMATHA NO.5, KILLA AREA, GANGAVATHI, TQ:GANGAVATHI,
Location: High
Court of
Karnataka,
DIST:KOPPAL
Dharwad Bench
Dharwad.
Date: 2022.09.17
11:26:53 +0530 3. THE DIVISIONAL MANAGAR
ORIENTAL INSURANCE CO LTD
DIVISIONAL OFFICE YELIMANACHALI COMPLEX,
1ST FLOOR, PRIYADARSHINI
HOTEL COMPOUND, STATION ROAD, HOSAPETE 583010
...RESPONDENTS
(BY SRI. RAVINDRA R MANE, ADVOCATE FOR R3)
(R1 & R2-DISPENSED WITH)
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MFA No. 101128 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT,
PRAYING TO ALLOW THIS APPEAL AND CONSEQUENTLY MODIFY THE
JUDGMENT AND AWARD DATED 16.10.2017 PASSED BY THE SENIOR
CIVIL JUDGE AND MACT, AT GANGAVATHI IN MVC NO.99/2015 BY
ENHANCING THE COMPENSATION AS CLAIMED IN CLAIM PETITION,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S.G. PANDIT J., DELIVERED THE FOLLOWING:
ORDER
Though this appeal is listed for admission, with
consent of both learned counsel, matter is taken up for
final disposal.
2. The claimant-injured is before this Court
dissatisfied with the quantum of compensation awarded
under judgment and award dated 16.10.2017 in M.V.C.
No.99/2015 on the file of learned Senior Civil Judge &
MACT, Gangavathi (for short, 'Tribunal'), praying for
enhancement of compensation.
3. The appellant/claimant filed a claim petition
under Section 166 of the M.V. Act claiming compensation
for the injuries sustained in a road traffic accident that
occurred on 21.09.2014 involving Honda Activa bearing
MFA No. 101128 of 2018
registration No.KA-37/W-8169. It is stated that the
appellant/claimant was aged 23 years as on the date of
the accident and he was working as Gumasta, earning
Rs.15,000/- per month.
have appeared through their counsel. Respondents No.1
and 2 did not file any objections. Respondent No.3-
Insurance Company filed objections denying the entire
averments made in the claim petition. It was contended
that there was no negligence on the part of the rider of the
motorcycle in causing the accident. It was further
contended that rider of the motorcycle in question was not
having valid and effective driving license as on the date of
the accident. Hence, sought for dismissal of the claim
petition.
5. Before the Tribunal, claimant/appellant
examined PW1 to PW3 and got marked documents as
Exs.P1 to P149. Respondents did not examine any witness
MFA No. 101128 of 2018
but marked Insurance Policy and Driving license as Ex.R1
& R2 respectively. The Tribunal on appreciation of the
material on record awarded a total compensation of
Rs.4,87,834/- with interest at 6% per annum from the
date of petition till date of realization on the following
heads:
Loss of future income Rs.1,96,560/-
Pain and suffering Rs. 10,000/-
Loss of amenities Rs. 10,000/-
Loss of earning during treatment Rs. 19,500/-
Diet, Nourishment, attendant
Charges & conveyance Rs. 10,000/-
Medical reimbursement Rs.2,41,774/-
Total Rs.4,87,834/-
6. The claimant being dissatisfied with the
quantum of compensation is before this Court praying for
enhancement of compensation.
7. Heard learned counsel Sri.B. Sharanabasawa for
appellant and Sri. Ravindra R Mane, learned counsel for
respondent-Insurer and perused the appeal papers.
8. Sri. B. Sharanabasawa, learned counsel for the
appellant/claimant would submit that the income of the
MFA No. 101128 of 2018
claimant assessed by the Tribunal at Rs.6,500/- per month
is very meager, inasmuch as he was working as Gumasta
a and earning Rs.15,000/- per month. It is his submission
that the doctor (PW3) who examined the claimant stated
that the claimant/injured suffered 30% to 40% functional
disability but the Tribunal committed an error in assessing
disability of the appellant/claimant at 14% which is on the
lower side. Learned counsel would submit that the
compensation awarded by the Tribunal on other heads is
also on the lower side. Thus, he prays for enhancement of
compensation.
9. Sri. Ravindra R Mane, learned counsel for
respondent-Insurer submits that the quantum of
compensation awarded by the Tribunal is just and proper,
which needs no interference. He submits that in the
absence of material on record, the Tribunal assessed
notional income of the injured/appellant at Rs.6,500/- per
month which is just and proper. He further submits that
the compensation awarded by the Tribunal on other heads
MFA No. 101128 of 2018
is proper and correct and it requires no interference. Thus,
he prays for dismissal of the appeal.
10. Having heard the learned counsel for the parties
and on perusal of the appeal papers, the only point that
would fall for consideration in this appeal is, whether the
claimant/injured would be entitled for enhanced
compensation?
11. Answer to the above point would be in the
affirmative for the following reasons.
12. The occurrence of the accident that took place
on 21.09.2014 involving Honda Activa motorcycle bearing
registration No.KA-37/W-8169 resulting in injuries to the
claimant is not in dispute. It is the contention of the
appellant-claimant that he was working as Gumasta and
earning Rs.15,000/- per month. But, no acceptable or
cogent evidence is placed on record to prove his avocation
as Gumasta a as well as earning of Rs.15,000/- per
month. In the absence of any material on record to
establish the avocation and earning of the
MFA No. 101128 of 2018
appellant/claimant, this Court and Lok Adalath while
settling the accidental claims of the year 2014, would
assess the notional income of the injured at Rs.7,500/- per
month, taking note of the chart prepared by KSLSA based
on various factors including the minimum wage fixed. In
the instant case also, taking note of the same, we deem it
appropriate to re-assess the notional income of the injured
at Rs.7,500/- p.m. instead of Rs.6,500/- assessed by the
Tribunal.
13. Ex.P3 is the Wound Certificate of the claimant
which discloses that the claimant/injured sustained
fracture of right knee joint, fracture of tibial plateau with
politeal artery avulsion right knee. PW3-Doctor considering
the clinical and radiological examinations was of the
opinion that the claimant has got permanent physical
disability amounting to 30-40% to a particular limb.
Taking note of the evidence of PW3-Doctor coupled with
Ex.P3-Wound Certificate and also nature of injuries
sustained by the claimant, the Tribunal assessed
MFA No. 101128 of 2018
permanent physical disability of the claimant to an extent
of 14% to the whole body, which in our view is just and
proper and requires no interference. There is no dispute
with regard to the age of the claimant i.e. 24 years taken
by the Tribunal so also multiplier of 18. Thus, the claimant
would be entitled to compensation on the head of loss of
earning capacity at Rs.2,26,800/- (Rs.7,500 X 12
(months) x 18(multiplier) x 14/100 (disability).
14. Further, the Tribunal is justified in awarding
Rs.2,41,774/- towards medical expenses, based on
medical bills & prescriptions produced by the claimant,
which in our view is proper and correct and needs no
interference. Tribunal awarded a sum of Rs.10,000/-
towards food, diet, nourishment expenses, attendant &
conveyance charges, which according to us is on the lower
side. Since the claimant was an inpatient for a period of
23 days, we deem it appropriate to award a sum of
Rs.25,000/- towards Food, Diet, Nourishment expenses,
attendant and conveyance charges as against Rs.10,000/-
MFA No. 101128 of 2018
awarded by the Tribunal. The Tribunal awarded a sum of
Rs.10,000/- towards pain and suffering which is on the
lower side and same is enhanced to Rs.50,000/-. Even
though the claimant sustained fracture of right knee joint
and fracture of tibial plateau with politeal artery avulsion
right knee, the compensation of Rs.10,000/- awarded on
the head of loss of amenities is on the lower side.
Therefore, it is just and proper to award a sum of
Rs.40,000/- on the head of loss of amenities as against
Rs.10,000/- awarded by the Tribunal. The Tribunal
awarded a sum of Rs.19,500/- under the head of loss of
income during laid-up period. Since the income of the
injured is assessed at Rs.7,500/- per month, he would be
entitled to Rs.22,500/- under the head loss of income
during laid up period for three months. Thus, the claimant
would be entitled to modified compensation as under:
Sl.No. Particulars Amount
1. Pain & suffering Rs. 50,000/-
2. Medical expenses Rs.2,41,774
3. Loss of earning capacity Rs.2,26,800/-
(Rs.7,500 x 12 x 18 x 14/100)
4. Loss amenities Rs. 40,000/-
5. Loss of income during treatment Rs. 22,500/-
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MFA No. 101128 of 2018
6. Food, diet, Nourishment expenses Rs. 25,000/-
& conveyance charges
Total Rs.6,06,074/-
15. Thus, the claimant would be entitled to total
compensation of Rs.6,06,074/- as against Rs.4,87,834/-
awarded by the Tribunal.
16. Hence, we pass the following order.
ORDER
a) The appeal is allowed in part.
b) The impugned judgment and award
passed by the Tribunal is modified to an
extent that the claimant would be
entitled to total compensation
of Rs.6,06,074/- as against
Rs.4,87,834/- awarded by the Tribunal.
c) The enhanced compensation amount
shall carry interest at the rate of 6% per
annum from the date of petition till date
of payment.
d) Respondent-Insurance Company shall
deposit the enhanced compensation
amount along with accrued interest
before the Tribunal within a period of six
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MFA No. 101128 of 2018
weeks from the date of receipt of
certified copy of this judgment.
e) Apportionment, deposit and
disbursement shall be made as per
award of the Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
