Karnataka High Court
Gudusab S/O Babu @ Dasthgir Kudachi vs Sadiq S/O Appalal Makandar on 21 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14999
MFA No. 23518 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 23518 OF 2012 (MV-I)
BETWEEN
SRI. GUDUSAB,
S/O BABU @ DASTHGIR KUDACHI,
AGE: 41 YEARS,
OCC: NOW NIL (AGRICULTURIST LABOUR),
R/O: K H BALEKUNDRI,
TQ/DIST: BELGAUM.
...APPELLANT
(BY SRI. VITTHAL S TELI)
AND
1 SRI. SADIQ,
. S/O APPALAL MAKANDAR,
AGE: MAJOR,
OCC: BUSINESS ,
R/O: AT and POST: PARISHWAD
TQ: KHANAPUR,
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
DIST: BELGAUM.
Date: 2023.12.22
11:16:45 +0530
2 RELIANCE GENERAL INSURANCE CO., LTD.,
. REPTD., BY IT S BRANCH MANAGER,
RELIANCE GENERAL INSURANCE CO., LTD.,
BELGAUM - 10.
...RESPONDENTS
(BY SRI. G.N. RAICHUR ADVOCATE FOR R2;
SMT : R1-NOTICE DISPENSED WITH)
THIS MFA FILED IS U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:15-03-2012 PASSED IN MVC
NO.1994/2011 ON THE FILE OF IV-ADDL. DISTRICT AND
-2-
NC: 2023:KHC-D:14999
MFA No. 23518 of 2012
SESSIONS JUDGE AND MEMBER, MACT-V, BELGUAM, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGEMENT
This appeal is filed by the claimant challenging the
judgment and award dated 15.03.2012 passed by the
tribunal, in MVC No.1994/2011 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.
NC: 2023:KHC-D:14999
i) Hip dislocation with femur (right).
ii) Fracture of right tibia spine.
iii) Soft tissue injuries on the left foot.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 40,000/-
2. Towards loss of amenities and 15,000/-
enjoyment of life
3. Towards medical expenses. 37,000/-
4. Towards loss of income during 12,000/-
treatment period.
5. Towards attendant charges, 5,000/-
conveyance & nourishment
6. Towards loss of future income 75,600/-
Total: 1,84,600/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
NC: 2023:KHC-D:14999
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.37,000/- 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
Rs.24,000/- (Rs.6,000/- x 4 months) 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 32% of physical disability to the whole body.
Therefore, considering the evidence of the doctor, 18%
functional disability is taken into consideration as the
claimant had suffered hip dislocation, fracture of tibia and
other injuries.
NC: 2023:KHC-D:14999
9. 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.
10. The accident is caused in the year 2011.
Therefore, notional income of Rs.6,000/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. Adding 20%, the
income of the claimant has to be taken at Rs.7,200/-. The
claimant was aged 42 years at the time of accident.
NC: 2023:KHC-D:14999
Therefore appropriate applicable multiplier is 14. Hence,
loss of future income due to disability is hereby reassessed
and quantified as Rs.2,17,728/- (Rs.6,000/-+1,200/-
7,200/- x 18/100 x 12 x 14).
11. 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. 37,000/-
3. Towards loss of amenities. 35,000/-
4. Towards loss of income during 24,000/-
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 2,17,728/-
capacity.
Total: 3,88,728/-
NC: 2023:KHC-D:14999
12. Therefore, the claimant is entitled for total
compensation of Rs.3,88,728/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.1,84,600/- 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.
13. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
15,03.2012 passed by the IV Addl.
District and Sessions Judge and
MACT-V, Belgaum in MVC
No.1994/2011 stands modified.
iii) The claimant is entitled for total
compensation of Rs.3,88,728/- along
NC: 2023:KHC-D:14999
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 13
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) Send back the trial Court records
along with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
Sd/-
JUDGE
bnv*
