Karnataka High Court
Bharat @ Bharat Rao S/O Baswanappa ... vs Madhavrao Patil S/O Bandeppa ... on 30 August, 2023
Bench: Ravi V Byrvhj
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NC: 2023:KHC-K:6873
MFA No. 200162 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 200162 OF 2017 (MV-I)
BETWEEN:
BHARAT @ BHARAT RAO
S/O BASWANAPPA PATIL,
AGE:51 YEARS, OCC:LECTURE,
R/O:H.NO.17-4-108, R.V.BIDAR COLONY,
BIDAR-585 401.
...APPELLANT
(BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE)
AND:
1. MADHAVRAO PATIL
Digitally
signed by
SACHIN
S/O BANDEPPA PATIL,
Location: AGE:MAJOR, OCC:BUSINESS,
HIGH
COURT OF R/O:CHATNAL, TQ:AURAD-B,
KARNATAKA
DIST:BIDAR-585 401.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMAPANY LTD.,
AT BASAWASHREE COMPLEX,
NEHRU STADIUM ROAD,
BEHIND CANARA BANK, BIDAR-585 401.
...RESPONDENTS
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NC: 2023:KHC-K:6873
MFA No. 200162 of 2017
(BY SMT. ANURADHA M. DESAI ADV., FOR R2;
V/O DATED 24.03.2017 NOTICE TO R1 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 27.04.2016 PASSED IN MVC NO.112/2015 ON
THE FILE OF COURT OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AND PRINCIPAL M.A.C.T.BIDAR AND ALLOW
THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT
FROM Rs.1,10,000/- TO Rs.8,00,000/- ONLY AS CLAIMED BY
THE APPELLANT BEFORE THE TRIBUNAL IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Challenging judgment and award dated 27.04.2016
passed by Principal District and Sessions Judge and
Principal MACT, Bidar (for short 'tribunal') in MVC
no.112/2015, this appeal is filed.
2. Shri Sandeep Vijaykumar, learned counsel for
appellant submitted that appeal is by claimant seeking for
enhancement of compensation. It was submitted that
since insurer had not preferred appeal, finding of tribunal
regarding occurrence of accident, involvement of insured
vehicle due to rash and negligent driving by its driver
claimant sustained injuries therein, issuance of insurance
NC: 2023:KHC-K:6873
MFA No. 200162 of 2017
policy and its coverage as on date of accident are not in
dispute. Tribunal assessed compensation and held insurer
liable to pay same. Therefore, above findings have
attained finality.
3. It was submitted that on 10.12.2014, claimant
was 42 years old lecturer sustained fracture of left
zygomatic arch and fracture of maxilla when rider of
motorcycle bearing registration no.KA-38/L-1103 drove it
in rash and negligent manner and dashed against claimant
who was on his morning walk. It was submitted that
though claimant was working as lecturer in college, said
fracture affected his chances of promotion etc. It was
submitted that fractures being grievous, compensation
awarded was inadequate.
4. On other hand, Smt.Anuradha M.Desai sought
to justify award.
5. Heard learned counsel for parties. Perused
impugned judgment and award.
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MFA No. 200162 of 2017
6. From above submission, since only claimant
was in appeal, point that would arise for consideration is :
"Whether claimant is entitled for
enhancement of compensation?"
7. Though claimant has stated that he had
sustained fractures and same had caused permanent
physical disability which affected chances of his promotion,
there is no specific evidence led to substantiate same.
Claimant has not examined Doctor. But, produced
treatment records such as wound certificate, discharge
summary, referral letter, discharge summary, lab report,
medical reports, x-ray films, salary certificate, attendance
certificate, cash bills and medical bills etc. Since tribunal
has awarded `63,000/- towards 'medical expenses' and
`2,000/- towards 'incidental expenses', sufferance of
injuries and treatment taken by claimant are admitted.
8. As per observations of Tribunal based on above
documents, claimant sustained fracture of left maxilla and
NC: 2023:KHC-K:6873
MFA No. 200162 of 2017
fracture of zygomatic arch. Therefore, award of `25,000/-
towards 'pain and suffering' would be inadequate when
they are grievous fractures, same is enhanced to
`40,000/-. Tribunal has awarded `63,000/- towards
medical expenses against bills produced. Since there is
complete reimbursement, there would be no
enhancement. For inpatient treatment of seven days,
tribunal has awarded `2,000/- towards incidental expenses
and `20,000/- towards loss of amenities, which would be
just and proper. Though claimant being lecturer would not
be entitled for compensation towards loss of earning
capacity, since fracture is to maxillary and zygomatic arch,
taking into account that it may have cause some
disfigurement and affected him, notional a sum of
`20,000/- is awarded towards 'functional disability'.
9. Thus, claimant would be entitled for additional
compensation of `35,000/-. Point for consideration is
answered partly in affirmative as above. In view of above,
following :
NC: 2023:KHC-K:6873
MFA No. 200162 of 2017
ORDER
Appeal is allowed in part. Claimant is held entitled
additional compensation of `35,000/- apart from
`1,10,000/- awarded by tribunal. Same shall carry interest
at rate of 6% per annum from date of claim petition till
deposit.
Insurer shall deposit same before tribunal within a
period of six weeks from date of receipt of certified copy of
this judgment.
On deposit, entire enhanced compensation is ordered
to be released.
Sd/-
JUDGE
SN
