Karnataka High Court
Varada D/O Vasanta Joshi vs Anand S/O Hanumappa Kattikar on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14913
MFA No. 100123 of 2014
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.100123 OF 2014 (MV-I)
BETWEEN
VARADA D/O. VASANTA JOSHI,
AGE: 22 YEARS, OCC: PVT.SERVICE,
R/O: MANGALARTIMANE,
POST: NANDOLLI, TQ: YELLAUR,
DIST: UTTAR KANNADA.
...APPELLANT
(BY SRI DINESH M. KULKARNI, ADVOCATE)
AND
1. ANAND S/O. HANUMAPPA KATTIKAR,
AGE: MAJOR, OCC: DRIVER,
R/O: CHIRALKOPPA, TQ: BADAMI
DIST: BAGALKOT.
2. M/S. HANDA TRANSPORT CO.,
THE RELIANCE TRAFFIC ISLAND,
P.B.ROAD, HUBBALLI, DIST: DHARWAD.
Digitally 3. ROYAL SUNDARAM ALLIANCE INSURANCE CO.,
signed by LTD., CORPORATE OFFICE, "SUNDARAM TOWERS"
BHARATHI
HM NO.45 AND 46, WHITES ROAD, CHENNAI,
TAMIL NADU STATE.
...RESPONDENTS
(BY SRI G.N.RAICHUR, ADVOCATE FOR R3;
R1 AND R2 ARE SERVED)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST
JUDGMENT AND AWARD DTD:10.07.2013, PASSED IN
MVC.NO.109/2010 ON THE FILE OF THE ADDITIONAL MACT
YELLAPUR, PARTLY ALLOWING THE CLAIM PETITITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:14913
MFA No. 100123 of 2014
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.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 10.07.2013 passed by the
tribunal, in MVC No.109/2010 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.
"Fracture of pelvis, fracture of calanium
left, fracture base with metatarsal left foot,
fracture of intercondylar region left elbow and
fracture of lower end of radius"
NC: 2023:KHC-D:14913
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering 1,00,000/-
2. Towards medical expenses 4,67,000/-
3. Towards future medial 75,000/-
expenses
4. Towards loss of income during 54,000/-
laid up period of one year
5. Towards loss of marital 30,000/-
prospectus
6. Towards loss of enjoyment 30,000/-
and comfortableness of life
7. Towards conveyance, 30,000/-
nourishment, attendant
charges, diet etc.,
8. Towards loss of future income 2,91,600/-
9. Loss of expectation of life 20,000/-
Total: 10,97,600/-
Rounded off to 11,00,000/-
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.
NC: 2023:KHC-D:14913
7. Considering the injuries sustained, a
compensation of Rs.1,20,000/- towards pain and suffering,
Rs.70,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.4,60,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.50,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc. The
compensation of Rs.1,00,000/- is awarded under the head
future medical expenses and Rs.50,000/- is awarded
under the head loss of marriage prospects. The
compensation of Rs.64,000/- towards loss of income
during laid up period for a period of eight months, is
awarded.
8. The doctor has stated that the claimant had
suffered 60% of physical disability towards left lower limb
and 25% to the left upper limb. From the medical evidence
on record and also from the evidence of PW.2 and P.W.3
who are doctors, it is revealed that the claimant has
suffered the following permanent physical disabilities:
NC: 2023:KHC-D:14913
"1. Whole left lower limb is disfigured -deformed.
2. There are Keliod formation over grafted skin.
3. Tenderness present over left knee and left ankle joint.
4. There is a loss of muscles in all over third thigh and leg.
5. The movements of left knee and ankle are grossly
restricted
Knee left -60 Ankle DF-L-10
Rt-110 R-25
PF-L-15
R-25
6. Healed operative scar present over left elbow screws
are felt
7. Abnormal movements present between fracture
fragments
8. Left elbow movements are restricted.
R-110 L-70
X-ray left elbow shows nonunion
X-ray left knee ankylisis with each osteo arthietic changes
X-ray left ankle reduced joint space with irregularity of
articular surface
Functional disabilities:
NC: 2023:KHC-D:14913
1. difficulty in day to day activities
2. difficulty to walk and stand for long time
3. difficulty to squat or sit cross legged
4. difficulty to lift heavy weight"
9. Therefore, considering the nature of injuries
sustained, it is just and proper to take 50% as functional
disability affecting the earning capacity of the claimant.
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
NC: 2023:KHC-D:14913
439, even in the case of injuries, certain income is to be
added towards loss of future prospects in life.
10. It is stated that the claimant was working as
Co-ordinator in Vikas Seva Samsthe and was receiving
salary of Rs.8,000/- pm., which is proved from Ex.P.10-
salary certificate. There is no exaggeration found in this
regard. Therefore, monthly salary of Rs.8,000/- is taken
into consideration. The claimant is aged 19 years old.
Therefore, the appropriate multiplier applicable is 18. As
the claimant is aged 19 years, 40% of income is to be
added towards loss of future prospects in life. Hence, the
compensation under the head loss of future income due to
disability including loss of future prospects in life is re-
assessed and quantified as follows:
Rs.8,000/- + Rs.3,200/- =Rs.11,200/-
Rs.11,200/- x 50% x 18 x 12 = Rs.12,09,600/-
11. Thus, the claimant is entitled for total
compensation under various heads as under:
NC: 2023:KHC-D:14913
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 1,20,000/-
suffering.
2. Towards medical expenses. 4,60,000/-
3. Towards loss of amenities. 70,000/-
4. Towards loss of income during 64,000/-
laid up period and medical
treatment period.
5. Towards incidental charges 50,000/-
like attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future earning 12,09,600/-
capacity.
7. Future medical expenses 1,00,000/-
8. Loss of marriage prospects 50,000/-
Total: 21,23,600/-
12. Therefore, the claimant is entitled for total
compensation of Rs.21,23,600/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.11,00,000/- 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.
13. In the result, I proceed to pass the following:
NC: 2023:KHC-D:14913
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
10.07.2013 passed by the Addl.
MACT, Yellapur, in MVC No.109/2010
stands modified.
iii) The claimant is entitled for total
compensation of Rs.21,23,600/-
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 90
days in filing the appeal.
v) The insurance company shall deposit
the amount within a period of eight
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
PB
