Karnataka High Court
Mahadev vs Sagar on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14915
MFA No. 102879 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. 102879 OF 2016 (MV-I)
BETWEEN
MAHADEV IRAPPA RANGANNAVAR,
AGE:47 YEARS, OCC: AGRICULTURE
AND COOLIE, NOW NIL,
R/O: KANCHAKWADI (LAXMIKODI),
TAL: RAIBAG - 591 317, DIST: BELAGAVI.
...APPELLANT
(BY SRI GEETHA K. M., ADVOCATE)
AND
1. SHRI SAGAR SHAILENDRA PATIL,
AGE:MAJOR, OCC: BUSINESS,
R/O: H.NO.866, PATIL GALLI,
RAIBAG - 591 317, TAL: RAIBAG-591317
DIST: BELAGAVI, (OWNER OF MAHINDRA AND
MAHINDRA XYLO E-2 CAR NO. KA-23/M-9677).
2. UNITED INDIA INSURANCE COMPANY LIMITED,
REPRESENTED BY THE DIVISIONAL MANAGER,
Digitally BELAGAVI D.O., MARUTI GALLI, BELAGAVI-590002.
signed by
BHARATHI (INSURER AT ASHOK NAGAR, NIPANI BRANCH
HM BELAGAVI, VIDE POLICY NO.2401023112P300964940
VALID FROM 17.11.2012 TO 16.11.2013 INSURER OF
MAHINDRA AND MAHINDRA XYLO E-2 CAR NO.KA-
23/M-9677)
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2;
R1 - SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 05.03.2016 PASSED IN MVC
NO.1563/2014 ON THE FILE OF THE X-ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM
-2-
NC: 2023:KHC-D:14915
MFA No. 102879 of 2016
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
JUDGMENT THIS DAY THE COURT DELIVERED THE
FOLLOWING JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 05.03.2016 passed by the
tribunal, in MVC.No.1563/2014 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.
"Compound type over lower 1/3rd of tibia and
fracture of the right tibia and inbular bone at lower
1/3rd as per Ex.P.7 and Ex.P.8 and all over body"
NC: 2023:KHC-D:14915
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. 85,000/-
3. Loss of earning disability 1,17,600/-
4. Loss of transportation, food and 20,000/-
attendant charges
5. Loss of amenities 20,000/-
Total: 2,92,600/-
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.50,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.85,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.30,000/- towards incidental expenses like
NC: 2023:KHC-D:14915
food, nourishment, traveling, attendant charges, etc., and
Rs.21,000/- 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, 20%
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.
NC: 2023:KHC-D:14915
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
Karnataka State Legal Service Authority. Therefore,
considering the age of the claimant as 47 years, 25% of
income is to be added towards loss of future prospects in
life. The claimant was aged 47 years at the time of
accident. Therefore, the appropriate applicable multiplier is
13. Hence, loss of future income due to disability is hereby
reassessed and quantified as Rs.2,73,000/- (Rs.7,000/- +
25% x 20% x 13 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. 85,000/-
3. Towards loss of amenities. 50,000/-
4. Towards loss of income during 21,000/-
laid up period and medical
treatment period.
NC: 2023:KHC-D:14915
5. Towards incidental charges like 30,000/-
attendant charges, food,
nourishment, conveyance, etc.,
6. Towards loss of future earning 2,73,000/-
capacity
Total: 5,19,000/-
11. Therefore, the claimant is entitled for total
compensation of Rs.5,19,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.2,92,600/- 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
05.03.2016 passed by X Addl.
District and Sessions Judge and
Member Addl. MACT, Belagavi, in
MVC No.1563/2014 stands modified.
iii) The claimant is entitled for total
compensation of Rs.5,19,000/-
along with interest at the rate of 6%
NC: 2023:KHC-D:14915
p.a. from the date of petition till its
realization.
iv) The claimant is not entitled for
interest for the delayed period of 95
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
