Karnataka High Court
Udaykumar S/O Nagappa Kadolkar vs Prabhakar S/O Manohar Chopade on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14930
MFA No. 22413 of 2013
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.22413/2013(MV-I)
BETWEEN
UDAYKUMAR S/O. NAGAPPA KADOLKAR,
AGE: 48 YEARS, OCC: DRIVER, NOW NIL,
R/O: PLOT NO.51, OPP. SANTA MEERA
HIGH SCHOOL, ANGOL, BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. SHRI PRABHAKAR S/O. MANOHAR CHOPADE,
AGE: 42 YEARS, OCC :BUSINESS,
R/O : AT POST : MALANKLE,
TAL : KHANAPUR, DIST: BELAGAVI.
2. DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO., LTD.,
DIVISIONAL OFFICE, MARUTI GALLI,
Digitally
signed by BELAGAVI.
BHARATHI ...RESPONDENTS
HM (BY SMT PREETI SHASHANK, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 09-01-2013 PASSED IN MVC
NO.2736/2011 ON THE FILE OF II-ADDL. SENIOR CIVIL JUDGE AND
ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL 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.
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NC: 2023:KHC-D:14930
MFA No. 22413 of 2013
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 09.01.2013 passed by the
tribunal, in MVC No.2736/2011 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.
"Fracture of upper 1/3rd shaft of right tibia,
fracture of 1/3rd right shaft fibula"
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5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 15,000/-
2. Towards medical expenses. 2,000/-
3. Towards loss of amenities. 10,000/-
4. Towards loss of income during 4,000/-
treatment period.
5. Towards loss of future earning 67,200/-
due to disability
Total: 98,200/-
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,
NC: 2023:KHC-D:14930
Rs.35,000/- 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.5,000/- towards incidental expenses like food,
nourishment, traveling, attendant charges, etc., and
Rs.18,000/- 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 30% of physical disability to the whole body.
Therefore, considering the evidence of the doctor, 12%
functional disability is taken into consideration.
9. The accident is caused in the year 2011.
Therefore, notional income of Rs.6,000/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 46 years at the time of accident. Therefore
NC: 2023:KHC-D:14930
appropriate applicable multiplier is 13. Hence, loss of
future income due to disability is hereby reassessed and
quantified as Rs.1,12,320/- (Rs.6,000/- x 12% x 13 x 12).
10. 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. 35,000/-
4. Towards loss of income during 18,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 5,000/-
attendant charges, food,
nourishment, conveyance, etc.,
6. Towards loss of future earning 1,12,320/-
capacity.
Total: 2,30,320/-
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11. Therefore, the claimant is entitled for total
compensation of Rs.2,30,320/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.98,200/- awarded by the
Tribunal. The respondents are directed to deposit the
compensation within eight weeks from the date of receipt
of a certified copy of this judgment.
12. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
09.01.2013 passed by II Addl. Senior
Civil Judge & Addl. MACT, Belgaum,
in MVC No.2736/2011 stands
modified.
iii) The claimant is entitled for total
compensation of Rs.2,30,320/-
along with interest at the rate of 6%
p.a. from the date of petition till its
realization.
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iv) The claimant is not entitled for
interest for the delayed period of 69
days in filing the appeal.
v) The respondents shall deposit the
amount within a period of eight
weeks from the date of receipt of a
copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
PB
