Karnataka High Court
Shri. Anand @ Sidappa vs Shri. Vinod Bharmanna Kaktikar on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14939
MFA No. 101371 of 2016
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.101371/2016(MV-I)
BETWEEN
SHRI ANAND @ SIDAPPA
S/O. AARUDH KAMBLE,
AGE:25 YEARS, OCC:COOLIE,
R/O: MORAB, TQ:RAIBAG,
DIST:BELAGAVI, NOW SHIV BASAV NAGAR,
BELAGAVI
...APPELLANT
(BY SMT GEETHA K. M., ADVOCATE)
AND
1. SHRI VINOD BHARMANNA KAKTIKAR,
AGE:MAJOR, OCC:BUSINESS,
R/O: MORAB, TQ:RAIBAG,
DIST:BELAGAVI.
2. NATIONAL INSURANCE CO. LTD.,
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
R/BY DIVISIONAL MANAGER,
M KANKUPPI M KANKUPPI
Date: 2023.12.22
11:19:35 +0530 MAHAVEER CHAMBERS,
ASHOK NAGAR, NIPPANI
DIST:BELAGAVI.
...RESPONDENTS
(BY SRI RAJASHEKAR S. ARANI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED: 07.12.2015 PASSED IN MVC
NO.1783/2013 ON THE FILE OF II ADDITIONAL DISTRICT JUDGE,
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
-2-
NC: 2023:KHC-D:14939
MFA No. 101371 of 2016
JUDGMENT THIS DAY THE COURT DELIVERED THE
FOLLOWING JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 07.12.2015 passed by the
tribunal, in MVC No.1783/2013, 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:14939
"Fracture of bimullior of left ankle joint and is still
taking treatment and grievous injuries and all over
the body."
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering 50,000/-
2. Towards medical expenses and 41,000/-
other incidental expenses
3. Loss of future income 1,29,600/-
4. Loss of income during laid up 30,000/-
period
5. Towards nourishment, 15,000/-
attendant and conveyance
Total: 2,71,000/-
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:14939
7. Considering the injuries sustained, a
compensation of Rs.60,000/- towards pain and suffering,
Rs.30,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.41,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.20,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.35,000/- towards loss of income during laid up period
for a period of 5 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 2013.
Therefore, notional income of Rs.7,000/- per month is
taken into consideration, which is recognized by the
NC: 2023:KHC-D:14939
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.1,81,440/- (Rs.7,000/- x 12% x 18 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 60,000/-
suffering.
2. Towards medical expenses. 41,000/-
3. Towards loss of amenities. 30,000/-
4. Towards loss of income during 35,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 20,000/-
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 1,81,440/-
NC: 2023:KHC-D:14939
capacity.
Total: 3,67,440/-
11. Therefore, the claimant is entitled for total
compensation of Rs.3,67,440/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.2,71,000/- 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.
12. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
07.12.2015 passed by the II Addl. District
Judge, Belagavi, in MVC No.1783/2013 stands
modified.
iii) The claimant is entitled for total
compensation of Rs.3,67,440/- along with
NC: 2023:KHC-D:14939
interest at the rate of 6% p.a. from the date of
petition till its realization as against
Rs.2,71,000/- awarded by the Tribunal.
iv) The claimant is not entitled for
interest for the delayed period of 37 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) No order as to costs.
vii) Draw award accordingly.
Sd/-
JUDGE
PB
