Karnataka High Court
Basavaraj S/O Rudrappa Hanchinamani @ ... vs Swamy Chitoprakash Anand Saraswati on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14932
MFA No. 100246 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. 100246 OF 2014 (MV-I)
BETWEEN
BASAVARAJ S/O RUDRAPPA HANCHINAMANI @ MADAR,
AGE: 25 YEARS, OCC: NOW NIL, R/O. HIREHATTIHOLI,
TQ: KHANAPUR, DIST: BELAGAVI.
...APPELLANT
(BY SRI SHRIHARSH A NEELOPANT, ADVOCATE)
AND
1. SWAMY CHITOPRAKASH ANAND SARASWATI,
AGE: MAJOR, OCC: BUSINESS,
R/O.SY.NO.146, ASHRAM ARSHA
VIDYA SHANTI NAGAR, TILAKWADI,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY
LIMITED, HAVING ITS OFFICE
AT MARUTI GALLI, BELAGAVI.
Digitally ...RESPONDENTS
signed by (BY SRI G. N. RAICHUR, ADVOCATE FOR R2)
BHARATHI
HM
THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST
JUDGMENT AND AWARD DTD:31.07.2013, PASSED IN
MVC.NO.2613/2011 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITITION 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:14932
MFA No. 100246 of 2014
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 31.07.2013 passed by the
tribunal, in MVC No.2613/2011 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.
"(1) Fracture right parietal bone extending into high
parietal bone, (2) fracture of left posterior parietal
bone extending into occipital bone, (3) Fracture
basiocciput till the foremen magnum (4) Fracture
right zygomatic arch bone as can be seen from
Ex.P.5 and Ex.P.6"
5. The tribunal has awarded compensation under
various heads as under:
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Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 35,000/-
2. Towards medical expenses. 17,000/-
3. Towards loss of amenities and 40,000/-
enjoyment of life
4. Towards loss of income during 8,000/-
treatment period.
Total: 1,00,000/-
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.
7. Considering the injuries sustained, a
compensation of Rs.60,000/- towards pain and suffering,
Rs.35,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.17,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.15,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
NC: 2023:KHC-D:14932
Rs.22,000/- towards loss of income during laid up period
for a period of four 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, 10%
functional disability is taken into consideration.
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
Karnataka State Legal Service Authority. The claimant was
aged 22 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.1,18,800/- (Rs.5,500/- x 10% x 12 x 18).
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 60,000/-
suffering.
NC: 2023:KHC-D:14932
2. Towards medical expenses. 17,000/-
3. Towards loss of amenities. 35,000/-
4. Towards loss of income during 22,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 15,000/-
attendant charges, food,
nourishment, conveyance, etc.,
6. Towards loss of future earning 1,18,800/-
capacity.
Total: 2,67,800/-
11. Therefore, the claimant is entitled for total
compensation of Rs.2,67,800/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.1,00,000/- 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
31.07.2013 passed by VI Addl. District &
Sessions Judge, Belgaum, in MVC No.2613/2011
stands modified.
NC: 2023:KHC-D:14932
iii) The claimant is entitled for total
compensation of Rs.2,67,800/- 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 44 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
