Karnataka High Court
Shivappa S/O. Bhanappa Naik @ Rathod vs Veerabhadrappa Basappa Jigajinni on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14920
MFA No. 20451 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.20451/2012(MV-I)
BETWEEN
SHIVAPPA, S/O. BHANAPPA NAIK @ RATHOD
AGE: 25 YEARS, OCC: LABOUR WORK,
R/O. HIREKODAGALI TANDA,
NOW RESIDENT OF
NEELANAGAR, TQ and
DIST: BAGALKOT.
...APPELLANT
(By SRI. ANAND.R.KOLLI, ADVOCATE)
AND
1 . VEERABHADRAPPA BASAPPA JIGAJINNI
AGE: MAJOR, OCC: OWNER OF CAR
R/O. BEHIND CANARA HOTEL,
HOSUR, HUBLI, DIST: DHARWAD.
2 . THE DIVISIONAL MANAGER,
Digitally
signed by UNITED INDIA INSURANCE CO. LTD.,
SUJATA BELGUAM.
SUBHASH
PAMMAR .....RESPONDENTS
(By Sri. M.. SOUDAGAR ADVOCATE FOR R2;
R1-SERVED)
THIS MFA FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DTD:17.11.2011 PASSED IN
MVC.NO.294/2010 ON THE FILE OF THE MEMBER MACT-III,
BAGALKOT, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURTDELIVERED THE FOLLOWING
JUDGMENT.
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NC: 2023:KHC-D:14920
MFA No. 20451 of 2012
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 17.11.2011 passed by the
tribunal, in MVC No.294/2010 seeking enhancement of
compensation.
2. Heard the arguments and perused the material
placed before the Court.
3. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute
in this case.
4. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries.
1. Comminuted fracture M/3 and L/3 right
femur,
2. Fracture of naviculer and shaft of 2nd, 3rd
meta tarsal right foot,
3. Contusion of right check,
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4. CLW over chin and upper lip
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 22,000/-
2. Towards medical expenses. 36,750/-
3. Towards loss of future earning 28,800/-
capacity.
4. Towards attendant charges. 1,500/-
6. Towards loss of comforts 5,000/-
Total: 94,050/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
Therefore, the same is required to be enhanced by
modifying the judgment and award.
7. Considering the injuries sustained, a
compensation of Rs.60,000/- towards pain and suffering,
NC: 2023:KHC-D:14920
Rs.40,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.36,750/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.20,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.15,000/- (Rs.5,000/- x 3 months) towards loss of
income during laid up period for a period of three months,
is awarded.
8. The doctor has stated that the claimant had
suffered 50% of disability to the right lower limb.
Therefore, considering the evidence of the doctor, 20%
functional disability is taken into consideration as the
claimant had suffered more than two fractures and other
injuries.
9. Accordingly as per the age group mentioned in
National Insurance Company Limited vs. Pranay
Sethi and others, reported in (2017) 16 Supreme
Court Cases 680, and as per the Division Bench
NC: 2023:KHC-D:14920
judgment of this Court in New India Assurance
Company Vs. Abdul S/o Mehaboob Tahasildar in MFA
No.103807/2016 C/w. MFA Nos.103835/2016 &
103807/2018 and as per the judgment of the Hon'ble
Supreme Court in the case of Sidram vs. Divisional
Manager, United India Insurance Company Limited
and another reported in (2023) 3 SCC 439, even in
the case of injuries, certain income is to be added towards
loss of future prospects in life.
10. The accident is caused in the year 2009.
Therefore, notional income of Rs.5,000/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 25 years at the time of accident. Therefore
appropriate applicable multiplier is 18. Hence, loss of
future income due to disability is hereby reassessed and
quantified as Rs.3,02,400/- (Rs.5,000/- + Rs.2,000/- x
20/100 x 18 x 12).
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11. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 60,000/-
suffering.
2. Towards medical expenses. 36,750/-
3. Towards loss of amenities. 40,000/-
4. Towards loss of income during 15,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 20,000/-
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 3,02,400/-
capacity.
Total: 4,74,150/-
12. Therefore, the claimant is entitled for total
compensation of Rs.4,74,150/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.94,050/- awarded by the
Tribunal.
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13. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated dated
17.11.2011 passed by the tribunal, in MVC
No.294/2010 stands modified.
iii) The claimant is entitled for total
compensation of Rs.4,74,150/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
v) Send back the trial Court records
along with a copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
BNV
