Karnataka High Court
Shivanand Appasaheb Sarawade vs Bhimappa S/O Dundappa Teli on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14927
MFA No. 22607 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.22607/2012(MV-I)
BETWEEN
SHRI. SHIVANAND APPASAHEB SARAWADE
AGE: 21 YRS, OCC: MILK VENDOR,
R/O BEDARAHATTI, TQ: ATHANI, DIST: BELGAUM,
NOW AT SIDDESHWAR TEMPLE,
KAKATI, TQ: AND DIST: BELGAUM
...APPELLANT
(BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)
AND
1. SRI. BHIMAPPA,S/O DUNDAPPA TELI
AGE: MAJOR, OCC: AGRICULTURE,
R/O GADYAL, TQ: JAMKHANDI,
DIST: BAGALKOT
2 . THE MANAGER, IFFCO TOKIO GENERAL
INSURANCE CO. LTD., KSCMF BUILDING,
Digitally 3RD FLOOR, 3RD BLOCK,
signed by
SUJATA NO.8, CUNNINGHAM ROAD, BANGALORE - 02.
SUBHASH
PAMMAR 3. SATISHS/O SIDDRYA NAIK,
AGE: MAJOR, OCC: BUSINESS,
R/O CHAMKERI, TQ: ATHANI,
DIST: BELGAUM.
....RESPONDENTS
(By SRI. R R MANE ADVOCATE FOR R2 ;
NOTICE TO R1 DISPENSED WITH; R3- SERVED)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:05-07-2011 PASSED IN
MVC.NO.2420/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-III AND MEMBER, ADDL. MACT, BELGAUM, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:14927
MFA No. 22607 of 2012
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.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 05.07.2011 passed by the
tribunal, in MVC No.2420/2009 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:
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1. Fracture lateral wall of the left orbit
bone.
The permanent disability if 5% (FIVE PERCENT)
due to fracture lateral wall of the left orbit bone.
2. Fracture lateral maxillary sinuous bone
of the anterior wall.
The permanent disability if 5% (FIVE PERCENT)
due to fracture left maxillary sinuous bone of the
anterior wall.
3. Fracture of left temporal region bone of
the skull.
The permanent disability if 5% (FIVE PERCENT)
due to fracture left temporal region bone of the
skull.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 5,000/-
2. Towards medical expenses. 15,000/-
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3. Towards loss of income during 5,000/-
treatment period.
4. Towards loss of future earning 29,000/-
Total: 54,000/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is on 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 is
awarded. The compensation awarded towards medical
expenses and hospital charges of Rs.15,000/- 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.9,900/- (Rs.3,300/- x 3) towards
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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 10% of physical disability to the whole body.
Therefore, considering the evidence of the doctor, 5%
functional disability is taken into consideration as the
claimant had suffered three fractures.
9. The accident is caused in the year 2009.
Therefore, notional income of Rs.3,300/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 18 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.35,640/- (Rs.3,300/-x 5/100 x 12 x 18).
10. 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 50,000/-
suffering.
2. Towards medical expenses. 15,000/-
3. Towards loss of income during 9,900/-
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 35,640/-
capacity.
Total: 1,20,540/-
11. Therefore, the claimant is entitled for total
compensation of Rs.1,20,540/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.54,000/- awarded by the
Tribunal.
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12. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated dated
05.07.2011 passed by the tribunal, in
MVC No.2420/2009 stands modified.
iii) The claimant is entitled for total
compensation of Rs.1,20,540/-
along with interest at the rate of 6%
p.a. from the date of petition till its
realization.
iv) The claimant is not entitled for
interest for the delayed period of 247
days in filing the appeal.
v) The insurance company shall deposit
the amount within a period of eight
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weeks from the date of receipt of a
copy of this judgment.
vi) Send back the trial Court records
along with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE
BNV
