Karnataka High Court
Parasharam S/O Echarappa Jadhav vs Virupaxayya S/O Veerayya Hiremath on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14929
MFA No. 20966 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.20966/2013(MV-I)
BETWEEN
PARASHARAM S/O. ECHARAPPA JADHAV,
AGE: 45 YEARS, OCC: MECHANIC AND
AGRI (NOW NIL), R/O: KATKOL,
TQ: RAMADURG, DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. VIRUPAXAYYA S/O. VEERAYYA HIREMATH,
AGE: 54 YEARS, OCC: ADVOCATE,
R/O: HO.NO-3140/B, VEERASHREE
KREEDENGANA ROAD, RAMAPUR EXTENSION,
SAUNDATTI, DIST: BELAGAVI.
2. THE MANAGER, BAJAJ ALLIANZ GENERAL
INSURANCE COMPANY LTD.,
HAVING ITS OFFICE AT CLUB ROAD, BELAGAVI.
Digitally
signed by ...RESPONDENTS
BHARATHI
HM (BY SRI S.K.KAYAKAMATH, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED: 25-10-2012 PASSED IN MVC
NO.389/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK
COURT-III 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.
-2-
NC: 2023:KHC-D:14929
MFA No. 20966 of 2013
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 25.10.2012 passed by the
tribunal, in MVC.No.389/2011 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.
NC: 2023:KHC-D:14929
"Mal-united compression fracture of C-5
cervical vertebrae, mal-united fracture of right
parietal bone, and fracture of occipital bone"
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 60,000/-
2. Towards medical expenses. 95,000/-
3. Nursing attendant charges extra 10,000/-
nourishment and conveyance
4. Loss of earning during 10,000/-
treatment
5. Loss of future earning 1,22,000/-
6. Loss of amenities and future un- 25,000/-
happiness
Total: 3,22,000/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
NC: 2023:KHC-D:14929
Therefore, the same is required to be enhanced by
modifying the judgment and award.
7. Considering the injuries sustained, a
compensation of Rs.1,00,000/- towards pain and suffering,
Rs.75,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.95,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.60,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.55,000/- towards loss of income during laid up period
for a period of ten months, is awarded.
8. Since, the injured has suffered injury to the
head, nerves connected to his brain are affected.
Therefore, he is suffering neurological problems as per the
evidence of doctors P.W.2, P.W.3 and P.W.4 along with
medical records. Therefore, it is just and proper to take
NC: 2023:KHC-D:14929
50% as functional disability affecting his earning capacity
due to neurological problems as he is not able to work as
he was working before the accident.
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 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.
9. The accident is caused in the year 2010.
Therefore, notional income of Rs.5,500/- per month is
taken into consideration, which is recognized by the
NC: 2023:KHC-D:14929
Karnataka State Legal Service Authority. Therefore,
considering the age of the claimant as 43 years, 25% of
income is to be added towards loss of future prospects in
life. The claimant was aged 43 years at the time of
accident. Therefore appropriate applicable multiplier is 14.
Hence, loss of future income due to disability is hereby
reassessed and quantified as Rs.5,77,500/- (Rs.5,500/- +
25% x 50% x 14 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 1,00,000/-
suffering.
2. Towards medical expenses. 95,000/-
3. Towards loss of amenities. 75,000/-
4. Towards loss of income during 55,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 60,000/-
NC: 2023:KHC-D:14929
attendant charges, food,
nourishment, conveyance, etc.,
6. Towards loss of future earning 5,77,500/-
capacity.
Total: 9,62,500/-
11. Therefore, the claimant is entitled for total
compensation of Rs.9,62,500/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.3,22,000/- 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
25.10.2012 passed by the Presiding
Officer, Fast Track Court-III & Addl.
NC: 2023:KHC-D:14929
MACT, Belgaum, in MVC
No.389/2011 stands modified.
iii) The claimant is entitled for total
compensation of Rs.9,62,500/-
along with interest at the rate of 6%
p.a. from the date of petition till its
realization.
iv) The respondents shall deposit the
amount within a period of eight
weeks from the date of receipt of a
copy of this judgment.
v) No order as to costs.
vi) Draw award accordingly.
SD/-
JUDGE
PB
