Karnataka High Court
Laxman S/O. Yallappa Gadiwaddar vs Hafizabi W/O. Babasab Dafedar on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 22404 of 2012
C/W MFA No. 22403 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. 22404 OF 2012 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 22403 OF 2012 (MV-I)
IN MFA.NO.22404/2012
BETWEEN
SMT. PARWATI
W/O. LAXMAN GADIWADDAR,
AGE: 48 YEARS, OCC: TAILORING, NOW NIL,
R/O: NANDEMMA NAGAR, BAILHONGAL,
DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. SMT. HAFIZABI
W/O. BABASAB DAFEDAR,
Digitally
signed by AGE: 50 YEARS, OCC: BUSINESS,
BHARATHI R/O: LAXMI CHAWL, OLD DANDELI,
HM
TQ: DANDELI, DIST: CANARA NORTH KARNATAKA.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:04-10-2011 PASSED IN MVC
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MFA No. 22404 of 2012
C/W MFA No. 22403 of 2012
NO.195/2010 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.22403/2012
BETWEEN
SHRI LAXMAN
S/O. YALLAPPA GADIWADDAR,
AGE: 54 YEARS, OCC: POLICE CONSTABLE,
(BELAGAVI STATION),
R/O: NANDEMMA NAGAR, BAILHONGAL,
DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. SMT. HAFIZABI
W/O. BABASAB DAFEDAR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: LAXMI CHAWL, OLD DANDELI,
TQ: DANDELI,
DIST: CANARA NORTH KARNATAKA.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO., LTD.,
RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
(BY SMT SHARMILA PATIL, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:04-10-2011 PASSED IN MVC
NO.194/2010 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 22404 of 2012
C/W MFA No. 22403 of 2012
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 07.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURT DELIVERED THE
FOLLOWING JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 04.10.2011 passed by the
tribunal, in MVC Nos.194/2010 and 195/2010 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.
In MFA.No.22404/2012 (MVC.No.195/2010):
4. In the present case, from the medical evidence
on record, it is proved that the claimant had suffered the
following injuries.
"Avulsion injuries over left forearm from
elbow of dorsal aspect, expanding muscles,
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swelling and deformities of left forearm and
undergone for skin grafting and plastic surgery"
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Pain and suffering 20,000/-
2. Attendant and conveyance 3,000/-
charges
3. Nourishment charges 500/-
4. Loss of income during treatment 12,000/-
period.
5. Loss of amenities and future 12,000/-
unhappiness
Total: 47,500/-
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.50,000/- towards pain and suffering,
Rs.30,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
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hospital charges of Rs.10,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.10,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.16,500/- towards loss of income during laid up period
for a period of two months, is awarded.
8. The Tribunal has not awarded compensation
towards loss of future income due to disability. Ex.P.51 is
the disability certificate, in which, it is stated that the
claimant has suffered 45% of physical disability towards
left upper limb. The same can be considered as 15% as
functional disability. The accident is of the year 2010.
Therefore, the notional income would be Rs.5,500/- pm.
The claimant was aged 46 years, therefore, the
appropriate multiplier applicable is 13. Hence,
compensation under the head loss of future income due to
disability is hereby re-assessed and quantified as
Rs.1,28,700/- (Rs.5,500/- x 15% x 13 x 12).
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9. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 50,000/-
suffering.
2. Towards medical expenses. 10,000/-
3. Towards loss of amenities. 30,000/-
4. Towards loss of income during 16,500/-
laid up period and medical
treatment period.
5. Towards incidental charges like 10,000/-
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 1,28,700/-
capacity.
Total: 2,45,200/-
10. Therefore, the claimant is entitled for total
compensation of Rs.2,45,200/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.47,200/- awarded by the
Tribunal. The Insurance Company is directed to deposit
the compensation within eight weeks from the date of
receipt of a certified copy of this judgment.
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In MFA.No.22403/2012 (MVC.No.194/2010):
11. In the present case, from the medical evidence
on record, it is proved that the claimant had suffered the
following injuries:
"Sustained fracture of lower end of tibia and
fibula, amputation of left great toe"
12. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Pain and suffering 75,000/-
2. Attendant and conveyance 12,000/-
charges
3. Nourishment charges 2,000/-
4. Medicine and future treatment 6,600/-
charges
5. Loss of E.L. credit 66,400/-
6. Loss of amenities and future 50,000/-
unhappiness
Total: 2,12,000/-
13. 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.
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14. The compensation of Rs.75,000/- awarded by
the Tribunal towards pain and suffering is found to be
correct and hence, it is kept in tact, Rs.75,000/- towards
loss of amenities are awarded. The compensation awarded
towards medical expenses and hospital charges of
Rs.10,000/- is as per the actual bills and receipts
produced; therefore, the same is kept intact. Further,
Rs.25,000/- towards incidental expenses like food,
nourishment, traveling, attendant charges, etc.
15. The claimant is a police constable and he has
been terminated from service. The claimant has continued
in the same service by maintaining the same salary.
Therefore, the Tribunal is correct in not granting
compensation under the head loss of future income due to
disability. The compensation of Rs.66,400/- is awarded by
the Tribunal under the head loss of earned leave credit
and it is kept in tact.
16. Thus, the claimant is entitled for total
compensation under various heads as under:
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Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 75,000/-
suffering.
2. Towards medical expenses 10,000/-
3. Towards loss of amenities and 75,000/-
future unhappiness
4. Towards incidental charges like 25,000/-
attendant charges, food,
nourishment, conveyance, etc.
5. Loss of E.L.Credit 66,400/-
Total: 2,51,400/-
17. Therefore, the claimant is entitled for total
compensation of Rs.2,51,400/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.2,12,000/- awarded by the
Tribunal. The Insurance Company is directed to deposit
the compensation within eight weeks from the date of
receipt of a certified copy of this judgment.
18. In the result, I proceed to pass the following:
ORDER
I. MFA.No.22404/2012 and MFA.No.22403/2012
filed by the claimants are allowed-in-part.
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II. The judgment and award dated 04.10.2011
passed by the Senior Civil Judge & Addl. MACT,
Bailhongal, in MVC Nos.195/2010 and 194/2010
stands modified.
III. The claimant in MFA.No.22404/2012 is entitled
for total compensation of Rs.2,45,200/- along
with interest at the rate of 6% p.a. from the
date of filing of the petition till realization, as
against Rs.47,200/- awarded by the Tribunal.
IV. The claimant in MFA.No.22403/2012 is entitled
for total compensation of Rs.2,51,400/- along
with interest at the rate of 6% p.a. from the
date of filing of the petition till realization, as
against Rs.2,12,000/- awarded by the Tribunal.
V. The claimants are not entitled for interest for
the delayed period of 147 days in filing these
appeals.
VI. The Insurance Company shall deposit the
amount within a period of eight weeks from the
date of receipt of a copy of this judgment.
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VII. Send back the trial Court records along with a
copy of this judgment.
VIII. No order as to costs.
IX. Draw award accordingly.
SD/-
JUDGE
PB
