Karnataka High Court
Gangappa S/O Mallappa Malagi vs Kempanna S/O Ramappa Naragundi on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14914
MFA No. 102364 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.102364/2016(MV-I)
BETWEEN
SRI GANGAPPA S/O. MALLAPPA MALAGI,
AGE: 39 YEARS, OCC: AGRI., AND COOLIE,
NOW NIL, R/O: KURANI, TQ: HUKKERI,
DIST: BELAGAVI-590006.
...APPELLANT
(BY SMT GEETHA K. M., ADVOCATE)
AND
1. SHRI KEMPANNA S/O. RAMAPPA NARAGUNDI,
R/O: KOCHARI, TQ: HUKKERI,
DIST: BELAGAVI- 591 340,
(OWNER OF BAJAJ MOTOR CYCLE
BEARING NO.KA-23/EB-1937).
2. ORIENTAL INSURANCE CO. LTD.,
Digitally signed
REPRESENTED BY THE DIVISIONAL MANAGER,
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.22
BELAGAVI, D.O.AT MADIWALE
11:20:17 +0530
ARCADE, CLUB ROAD, BELAGAVI - 590 001.
(INSURER OF BAJAJ MOTOR CYCLE
BEARING NO.KA-23/EB-1937)
...RESPONDENTS
(BY SRI S.V.YAJI, ADVOCATE FOR R2;
R1 - NOTICE TO DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED:20.06.2016 PASSED IN MVC
NO.2284/2015 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:14914
MFA No. 102364 of 2016
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 20.06.2016 passed by the
tribunal, in MVC No.2284/2015 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.
"Mal-united anterior wedge compression
fracture of T-12 vertebra is seen and lumbar
vertebrae show changes of spondyloarthritis"
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5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 30,000/-
2. Towards food, transport and 10,000/-
attendant charges
3. Towards medical expenses 20,131/-
Total: 60,131/-
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.50,000/- towards pain and suffering,
Rs.30,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.20,131/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.10,000/- towards incidental expenses like
NC: 2023:KHC-D:14914
food, nourishment, traveling, attendant charges, etc., and
Rs.24,000/- 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 35% 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 2015.
Therefore, notional income of Rs.8,000/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 39 years at the time of accident. Therefore
appropriate applicable multiplier is 15. Hence, loss of
future income due to disability is hereby reassessed and
quantified as Rs.1,72,800/- (Rs.8,000/- x 12% x 15 x 12).
10. Thus, the claimant is entitled for total
compensation under various heads as under:
NC: 2023:KHC-D:14914
Sl. No. Heads. Amount in
(Rs.)
1. Towards injuries, pain and 50,000/-
suffering.
2. Towards medical expenses. 20,131/-
3. Towards loss of amenities. 30,000/-
4. Towards loss of income 24,000/-
during laid up period and
medical treatment period.
5. Towards incidental charges 10,000/-
like attendant charges, food,
nourishment, conveyance,
etc.,
6. Towards loss of future 1,72,800/-
earning capacity.
Total: 3,06,931/-
11. Therefore, the claimant is entitled for total
compensation of Rs.3,06,931/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.60,131/- 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.
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12. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
20.06.2016 passed by IX Addl.
District and Sessions Judge and Addl.
MACT, Belagavi, in MVC
No.2284/2015 stands modified.
iii) The claimant is entitled for total
compensation of Rs.3,06,931/-
along with interest at the rate of 6%
p.a. from the date of petition till its
realization.
iv) The Insurance Company 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.
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vi) Draw award accordingly.
Sd/-
JUDGE
PB
