Karnataka High Court
A.Shankarreddy S/O Subbareddy vs Bahubali S/O Jinnappa Lavagi on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14934
MFA No. 100512 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.100512/2014(MV-I)
BETWEEN
SHRI A.SHANKARREDDY S/O. SUBBAREDDY,
AGE: 38 YEARS, OCC: PRIVATE SERVICE, NOW NIL,
R/O: HARVI BASVESWAR CAMP, MANVI,
DIST: RAICHUR.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. SHRI BAHUBALI S/O. JINNAPPA LAVAGI,
AGE: 40 YEARS, OCC: AGRICULTURIST,
R/O: H.NO. 29, AT POST HIRE-HATTIHOLI,
TQ: KHANAPUR, DIST: BELAGAVI.
2. THE NATIONAL INSURANCE CO., LTD.,
BRANCH OFFICE MAHAVEER CHEMBER,
Digitally ASHOK NAGAR, NIPPANI, TQ: CHIKKODI,
signed by
BHARATHI THROUGH ITS DIVISIONAL MANAGER,
HM DIVISIONAL OFFICE, RAMADEV GALLI,
BELAGAVI.
...RESPONDENTS
(BY SRI M.K. SOUDAGAR, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST
JUDGMENT AND AWARD DTD:28.05.2013, PASSED IN
MVC.NO.3057/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDL. MACT BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-2-
NC: 2023:KHC-D:14934
MFA No. 100512 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 28.05.2013 passed by the
tribunal, in MVC.No.3057/2008 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:14934
"Communited fracture of lower 3rd of right
femur, fracture dislocation of right elbow,
communited fracture of right patella"
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 80,000/-
2. Towards medical expenses. 2,44,600/-
3. Nourishment charges 10,000/-
4. Attendant and conveyance 15,000/-
5. Loss of income during treatment 27,000/-
period
6. Loss of future income 2,43,000/-
7. Loss of amenities, future 50,000/-
unhappiness
Total: 6,69,600/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
NC: 2023:KHC-D:14934
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.70,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.2,44,600/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.35,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.12,750/- (Rs.4,250/- pm x 3 months) 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 60% of physical disability towards right lower
limb and 30% towards right upper limb. Therefore,
NC: 2023:KHC-D:14934
considering the evidence of the doctor, 40% functional
disability is taken into consideration.
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 2008.
Therefore, notional income of Rs.4,250/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. Therefore,
NC: 2023:KHC-D:14934
considering the age of the claimant as 32 years, 40% of
income is to be added towards loss of future prospects in
life. The claimant was aged 32 years at the time of
accident. Therefore appropriate applicable multiplier is 16.
Hence, loss of future income due to disability is hereby re-
assessed and quantified as Rs.4,56,960/- (Rs.4,250/- +
40% x 40% x 16 x12).
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. 2,44,600/-
3. Towards loss of amenities. 70,000/-
4. Towards loss of income during 12,750/-
laid up period and medical
treatment period.
5. Towards incidental charges like 35,000/-
attendant charges, food,
NC: 2023:KHC-D:14934
nourishment, conveyance, etc.,
6. Towards loss of future earning 4,56,960/-
capacity.
Total: 9,19,310/-
11. Therefore, the claimant is entitled for total
compensation of Rs.9,19,310/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.6,69,600/- 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
28.05.2013 passed by the Senior
Civil Judge & Addl. MACT, Bailhongal,
in MVC.No.3057/2008 stands
modified.
NC: 2023:KHC-D:14934
iii) The claimant is entitled for total
compensation of Rs.9,19,310/-
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 166
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
