Karnataka High Court
Yallawwa W/O Satalingappa Kurbet vs Govindappa H. Annigeri on 14 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14681
MFA No. 102511 of 2017
C/W MFA No. 100605 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.102511/2017(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100605/2017(MV-I)
IN MFA.NO.102511/2017:
BETWEEN:
SRI GOVINDAPPA HANAMAPPA ANNIGERI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: HULAKUND - 591 114,
TQ: RAMDURG, DIST: BELAGAVI, KARNATAKA.
...APPELLANT
(BY SRI HARISH S. MAIGUR, ADVOCATE)
AND:
1. SMT. YALLAWWA W/O. SATALINGAPPA KURBET,
AGE: 54 YEARS,
OCC: AGRICULTURE AND COOLIE,
Digitally NOW NIL, R/O: KATKOL - 591 114,
signed by TQ: RAMDURG, DIST: BELAGAVI.
SUJATA
SUBHASH
PAMMAR 2. THE ORIENTAL INSURANCE COMPANY LTD.,
REPRESENTED BY THE DIVISIONAL MANAGER,
BELAGAVI D.O. AT MADIWALE ARCADE,
(HASHMI MANZIL) CLUB ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI R. R. MANE, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD
FASTERD THE LIABILITY ON THE INSURANCE COMPANY I.E.,
RESPONDENT NO.2, PASSED IN MVC NO.1916/2015 ON THE FILE OF
THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER
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NC: 2023:KHC-D:14681
MFA No. 102511 of 2017
C/W MFA No. 100605 of 2017
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, DATED 12.01.2017
AND ETC.,
IN MFA.NO.100605/2017:
BETWEEN:
SMT. YALLAWWA
W/O. SATALINGAPPA KURBET,
AGE: 54 YEARS,
OCC: AGRICULTURE AND COOLIE,
NOW NIL, R/O: KATKOL - 591 114,
TQ: RAMDURG,
DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND:
1. SRI GOVINDAPPA HANAMAPPA ANNIGERI,
AGE: 44 YEARS,
OCC: AGRICULTURE,
R/O: HULAKUND - 591 110,
TQ: RAMDURG,
DIST: BELAGAVI.
2. THE ORIENTAL INSURANCE COMPANY LTD.,
REPRESENTED BY THE DIVISIONAL MANAGER,
BELAGAVI D.O. AT MADIWALE ARCADE,
(HASHMI MANZIL) CLUB ROAD,
BELAGAVI-590002.
...RESPONDENTS
(BY SRI HARISH S. MAIGUR, ADVOCATE FOR R1;
SRI R.R.MANE, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD PASSED BY COURT OF X
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, IN
MVC NO.1916/2015 DATED 12.01.2017 AND FIX THE LIABILITY ON
RESPONDENT NO.2/INSURER OF OFFENDING VEHICLE IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14681
MFA No. 102511 of 2017
C/W MFA No. 100605 of 2017
JUDGMENT
MFA No.102511/2017 is filed by the owner of the
Tractor and Trailers challenging the judgment and award
passed in MVC No.1916/2015, dated 12.01.2017, by the
learned X Additional District and Sessions Judge and
Member Additional MACT., Belagavi, questioning the
liability fastened on him, whereas MFA No.100605/2017 is
filed by the claimant seeking enhancement of
compensation.
2. Heard the learned counsel for the appellant and
the respondent.
3. The occurrence of accident, injuries sustained
by the claimant are not in dispute.
4. In the present appeal, the offending vehicle is
one tractor and two trailers. Having gross vehicle weight
of 6,000 kelo grams as it is proved by Ex.R.2 insurance
policy. Hence, it is coming under the category of light
motor vehicle as per Section 2(21) of the Motor Vehicles
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Act, 1988 (for short, hereinafter referred to as 'the M.V.
Act'). The driver was holding driving licence to drive LMV
(non-transport). Therefore, he can also competent to drive
LMV transport. This issue is no more Res integra in view of
the judgment of Hon'ble Supreme Court in the case of
Mukund Dewangan vs. Oriental Insurance Company
Limited1. Therefore, the insurance company is liable to
indemnify the owner of the Tractor and Trailers.
Accordingly, on this point, the appeal filed by the owner is
liable to be allowed, modifying the liability that the
insurance company is liable to indemnify the owner and
pay compensation.
5. From the medical evidence on record the
claimant has suffered following injuries;
Mal-united fracture of neck of the right humorous,
mal-united fracture of lower end of right radius, mal-
(2017) 14 Supreme Court Cases 663
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united fracture of right ulna, mal-united fracture of lower
end right femur, mal-united fracture of lower shaft of left
tibia.
6. The tribunal awarded the compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of future income Rs.2,77,200
2. Towards pain and suffering Rs.25,000
3. Towards medical expenses Rs.2,22,170
4. Towards loss of income during Rs.12,000
laid off period
5. Towards food, nutrition and Rs.20,000
attendant charges
Total: 5,56,400
7. The doctor has stated that the claimant has
suffered 35% of physical disability towards right upper
limb, 30% to right lower limb, 30% to right lower limb,
25% towards left lower limb and 72% towards whole
body. Since the claimant is an agriculturist, hence, it
requires much physical strength to work and when the
doctor had stated that he has suffered 72% as a physical
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disability, it affects the earning capacity in whole,
remaining the claimant unworkable. Therefore, it is just
and proper to take 100% as physical disability towards
whole body by following decisions of Hon'ble Supreme
Court in the cases of Raj Kumar vs. Ajay Kumar and
another2; Rekha Jain Vs., National Insurance Co.,
Ltd., and Others3; Jakir Hussein Vs. Sabir and
Others4; Mohan Soni Vs. Ram Avtar Tomar and
Others5; and Pratap Narain Singh Deo vs. Srinivas
Sabata and another6. Accordingly, 100% as functional
disability is taken into consideration. Therefore, the
compensation under loss of future income due to disability
is modified as follows:
8. The accident is caused in the year 2015.
Therefore, notional income of Rs.8,000/- per month is
(2011) 1 SCC 343
(2013) 8 SCC 389
(2015) 7 SCC 252
(2012) 2 SCC 267
(1976) 1 SCC 289
NC: 2023:KHC-D:14681
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. In view of the
decision of the Hon'ble Apex Court in case of National
Insurance Company Limited vs. Pranay Sethi and
others, reported in (2017) 16 Supreme Court Cases
680, 10% of the income is to be added towards loss of
future prospects in life. The claimant was aged 52 years at
the time of accident. Therefore, appropriate applicable
multiplier is 11. Hence, loss of future income due to
disability is hereby reassessed and quantified as
Rs.11,61,600/- (Rs.8,000 + 10% x 12 x 11).
9. Considering the nature of injuries sustained, a
compensation of Rs.60,000/- is awarded towards pain and
suffering. Further, a compensation of Rs.50,000/- is
awarded towards loss of amenities.
10. The compensation awarded towards medical
expenses and hospital charges of Rs.2,22,170/- is as per
the actual bills and receipts produced. Therefore, the same
is kept intact. Further, a compensation of Rs.50,000/- is
NC: 2023:KHC-D:14681
awarded towards incidental expenses like food,
nourishment, traveling, attendant charges, etc.,. Further,
a compensation of Rs.48,000/- is awarded under the head
loss of income during laid up period for a period of six
months. Thus, the claimant is entitled for total
compensation under various heads as under:
11. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 60,000
2. Towards loss of future happiness 50,000
and amenities.
3. Towards loss of income during 48,000
the treatment period for a period
of six months.
4. Towards incidental charges. 50,000
5. Towards loss of future income. 11,61,600
Total: 13,69,600
Less: Compensation awarded by 5,56,400
tribunal:
Enhanced compensation: 8,13,200
12. Therefore, the claimant is entitled for total
compensation of Rs.13,69,600/- as against what has been
NC: 2023:KHC-D:14681
awarded by the tribunal along with interest at the rate of
6% p.a. from the date of filing of the petition till
realization. The insurance company is directed to deposit
the enhanced compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
13. In the result, I proceed to pass the following:
ORDER
i) MFA No.102511/2017 filed by the owner of
the Tractor and Trailers is allowed.
ii) MFA No.100605/2017 filed by the claimant
is allowed in part.
iii) The judgment and award passed in MVC
No.1916/2015, dated 12.01.2017, by the
learned X Additional District and Sessions
Judge and Member Additional Motor
Accident Claims Tribunal, Belagavi, stands
modified.
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NC: 2023:KHC-D:14681
iv) The claimant is entitled total compensation
of Rs.13,69,600/- as against what has
been awarded by the tribunal along with
interest at 6% p.a. from the date of filing
of the petition till realization.
v) The amount in deposit shall be refunded to
the owner of the Tractor-Trailers.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
SSP
CT-ASC
