Karnataka High Court
Iranna S/O Shivasharanappa vs Beerappa S/O Devanna Bhimanalli And Anr on 1 December, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2023:KHC-K:8987
MFA No. 200142 of 2017
C/W MFA No. 200143 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO. 200142 OF 2017 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 200143 OF 2017
IN MFA NO. 200142 OF 2017.
BETWEEN:
IRANNA
S/O SHIVASHARANAPPA,
AGE:35 YEARS, OCC: AGRICULTURE,
R/O VILLAGE MALGHAN,
TQ. SINDAGI,
NOW RESIDING AT VIDYA NAGAR,
JEWARGI,
Digitally signed TQ. JEWARGI,
by LUCYGRACE DIST. KALABURAGI-585101.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. BEERAPPA
S/O DEVANNA BHIMANALLI,
AGE: MAJOR, OCC: OWNER OF TRACTOR,
NO.KA-32/T-5668,
R/O: VILLAGE ANDOLA,
TQ. JEWARGI,
DIST:KALABURAGI-585101.
-2-
NC: 2023:KHC-K:8987
MFA No. 200142 of 2017
C/W MFA No. 200143 of 2017
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO., LTD.,
DIVISIONAL OFFICE, P.B.NO.47,
SUPER MARKET, DR, JAWALI COMPLEX,
KALABURAGI,
REPRESENTED BY ITS,
DIVISIONAL MANAGER-585101.
...RESPONDENTS
(BY SRI. G. B. YADAV, ADVOCATE FOR R1;
SRI. S.S. ASPALLI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY
THE JUDGMENT AND AWARD DATED-26.12.2015 PASSED IN
M.V.C.NO.1085/2012 BY THE SENIOR CIVIL JUDGE AND
MACT AT-JEWARGI. AND ENHANCING THE COMPENSATION
FROM RS.15,000/- WITH 6% INTEREST TO RS.14,00,000/-
WITH 12% INTEREST. ALLOW THIS APPEAL AND SET ASIDE
THE JUDGMENT AND AWARD DATED-26.12.2015 PASSED IN
M.V.C.NO.1085/2012 BY THE SENIOR. CIVIL JUDGE AND
MACT AT JEWARGI. AND DIRECT THE RESPONDENT NO.2
INSURANCE COMPANY TO PAY THE COMPENSATION TO THE
CLAIMANT, AND ETC.
IN MFA NO. 200143 OF 2017.
BETWEEN:
GAJENDRA
S/O YAMANAPPA BANDIVADDAR,
AGE: 50 YEARS, OCC: MASON,
R/O VILLAGE MALGHAN,
TQ. SINDAGI,
NOW RESIDING AT VIDYA NAGAR JEWARGI,
TQ. JEWARGI, DIST. KALABURAGI-585101.
...APPELLANT
-3-
NC: 2023:KHC-K:8987
MFA No. 200142 of 2017
C/W MFA No. 200143 of 2017
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. BEERAPPA
S/O DEVANNA BHIMANALLI,
AGE: MAJOR, OCC: OWNER OF TRACTOR NO.,
KA-32/T-5668,
R/O VILLAGE ANDOLA,
TQ. JEWARGI,
DIST. KALABURAGI-585101.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, P.B.NO.47,
SUPER MARKET, DR. JAWALI COMPLEX,
KALABURAGI-585101.
REPRESENTED BY,
ITS DIVISIONAL MANAGER.
...RESPONDENTS
(BY SRI. G. B. YADAV, ADVOCATE FOR R1;
SRI. S.S. ASPALLI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY
THE JUDGMENT AND AWARD DATED-26.12.2015 PASSED IN
M.V.C.NO.1390/2012 BY THE SENIOR. CIVIL JUDGE AND MACT
AT JEWARGI. AND ENHANCING THE COMPENSATION FROM
RS.30,700/- WITH 6% INTEREST TO RS.14,99,000/- WITH 12%
INTEREST. ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT
AND AWARD DATED-26.12.2015 PASSED IN M.V.C.NO.1390/2012
BY THE SENIOR. CIVIL JUDGE AND MACT AT JEWARGI. AND
DIRECT THE RESPONDENT NO.2 INSURANCE COMPANY TO PAY
THE COMPENSATION TO THE CLAIMANT, AND ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-4-
NC: 2023:KHC-K:8987
MFA No. 200142 of 2017
C/W MFA No. 200143 of 2017
JUDGMENT
Appeal in MFA No.200142/2017 is filed by the
appellant-claimant being aggrieved by the award and
judgment dated 26.12.2015 passed in
M.V.C.No.1085/2012 and MFA No.200143/2017 is filed by
the appellant-claimant being aggrieved by the award and
judgment dated 26.12.2015 passed in M.V.C.No.
1390/2012 on the file of Senior Civil Judge and MACT,
Jewargi (hereinafter referred to as the 'Tribunal' for short)
is before this Court seeking enhancement of compensation
and questioning the liability determined in terms of the
aforesaid judgment.
2. The brief facts of the case are that on 21.06.2010
appellant in MFA No.200142/2017 namely Sri. Eranna-as a
rider along with appellant in M.F.A. No.200143/2017
namely Sri. Gajendra as a pillion rider was proceeding on a
motor cycle bearing registration No.MH-14-AK-2713
towards Revoor at about 1.30 p.m., at that time a tractor
bearing registration No.KA-32-T-5668 being ridden by its
NC: 2023:KHC-K:8987
driver in rash and negligent manner, having lost the
control dashed against the motor cycle of the appellant
resulting in appellants sustaining grievous injuries in the
nature of fractures to their limbs.
3. Thereafter, the appellants filed the claim petitions
under Section 166 of the Motor Vehicle Act seeking
compensation. The aforesaid accident in question
resulting in injuries to the claimants has not been
disputed. All that was urged before the Tribunal was that,
in the First Information Report (FIR) filed the name of the
driver of the offending tractor was shown as one Nagappa
S/o Mallappa Natikar. Whereas in the charge sheet name
of one Karanappa S/o Mallappa Natikar was mentioned. It
is further contended that, the driver of the tractor did not
possess valid driving license. The Tribunal on appreciation
of aforesaid contentions had awarded compensation of
Rs.15,000/- to the appellant in MFA No.200142/2017
namely Sri. Eranna and Rs.30,700/- appellant in M.F.A.
No.200143/2017 namely Sri. Gajendra. As regard to the
NC: 2023:KHC-K:8987
liability is concerned, had directed payment of 50% of
compensation by the respondent No.1-Owner of the
Tractor and remaining 50% of compensation to be paid by
the respondent-Insurance Company.
4. Being aggrieved by the aforesaid award and
judgment the appellants are before this Court. This Court
by its Order dated 26.06.2023, taking note of the fact that
the owner of the offending vehicle had placed photo copy
of the driving license of the person alleged to have been
driving the offending vehicle at the time of accident, and
taking note of the submission made by the learned counsel
for the respondent-Insurance Company had directed the
Tribunal to record the evidence of the respondent No.1-
Owner of the offending vehicle on the issue of not having
valid driving license and thereafter to submit its report, as
if the owner was liable to pay the compensation.
5. In furtherance to the said Order of this Court, a
report dated 28.08.2023 is placed by the Tribunal. Perusal
of the said report, would reveal that after the remand,
NC: 2023:KHC-K:8987
respondent No.1-Owner of the vehicle produced additional
evidence and respondent-Insurance Company had also
examined additional witness. On appreciation of evidence
and in the light of the law laid down by the Apex Court in
the case of Mukund Dewangan vs Oriental Insurance
Co. Ltd.,-2017 SC 3668 the tribunal has submitted the
report which reads as under:
:Report:
"One Karanappa S/o Mallappar
Natikar was the driver of offending tractor
vehicle bearing registration No.KA-32-T-
5668 as on the date of accident. Since the
offending tractor vehicle was insured with
the respondent No.2 insurance company as
on the date of accident and insurance
policy was in existence as on the date of
accident as such respondent No.1/Owner is
not liable to pay compensation."
Thus, the controversy with regard to liability of the
owner of the offending vehicle to pay the compensation
and fastening of the same on the respondent-Insurance
company has been clarified. Therefore, what requires to be
considered in this appeals is with regard to the entitlement
of the claimants for enhancement of compensation.
NC: 2023:KHC-K:8987
6. The appellant in MFA No.200142/2017 namely Sri.
Eranna as per the wound certificate is stated to have
sustained fracture in upper hand of right humerus. Dr.Ravi
E Shivaraya, treating doctor who was examined as PW-2
has assessed the disability of the claimant at 20% to the
whole body.
7. Sri. Babu H Metagudda, learned counsel for the
appellant submits that the tribunal has not taken the
disability of the claimant into the consideration at all.
Considering the nature of the occupation carried out by
the claimant namely agriculturist and nature of injuries
sustained by him which according to the treating doctor is
20% to the whole body. This Court is of the considered
view the disability be assessed at 10%. Since, no
documents have been furnished with regard to the income
of the appellant, as per the guidelines issued by the
Karnataka State Legal Services Authority for the purposes
of determination of notional income, the notional income
of the victims of road traffic accident for the year 2010 is
NC: 2023:KHC-K:8987
assessed at Rs.5,500/- the same is taken into
consideration. The appellant was aged about 30 years at
the time of accident, multiplier of '17' is applicable.
Calculated as above, the 'Loss of future Income' of the
appellant due to disability is Rs.1,12,200/-
(Rs.5,500X12X17X10%=1,12,200/-)
8. The Tribunal has awarded Rs.10,000/- towards
'Pain and Suffering' and additional a sum of Rs.15,000/-
is added making it Rs.25,000/-.
9. The Tribunal has awarded Rs.5,000/- towards
'Attendant Charges, Food and Conveyance' and same
is enhanced to Rs.15,000/- by adding Rs.10,000/-
considering the fact that the claimant was treated as in-
patient for a period of 14 days and the nature of injuries
he must have been advised rest for about three months.
Accordingly, the claimant is also entitled for 'Loss of
Income during the Period of Treatment', same is
enhanced to Rs.16,500/- (Rs.5,500 X 3 months).
- 10 -
NC: 2023:KHC-K:8987
10. The Tribunal has not awarded any amount
towards 'Loss of amenities', same is awarded at
Rs.25,000/-
11. Thus, in total the appellant/claimant is entitled
for compensation of Rs.1,93,700/- instead of
Rs.15,000/- as awarded by the Tribunal, which is as
under:
Sl. By By
Heads
No. Tribunal this Court
1 Towards pain and suffering Rs. 10,000/- Rs. 25,000/-
2 Towards Medical Expenses - -
3 Towards attendant charges, Rs. 5,000/- Rs. 15,000/-
food and conveyance
4 Toward loss of amenities - Rs. 25,000/-
and nutrition food
5 Loss of future income - Rs.1,12,200/-
6 Loss of income during - Rs. 16,500/-
period of treatment
Total Rs.15,000/- Rs.1,93,700/-
12. As regard to the appellant-Sri.Gajendra in MFA
No.200143/2017 is concerned, Dr.Arvind Moldi, treating
doctor has assessed the disability of the claimant at 25%
to the whole body and the injuries suffered by the
claimant as per wound certificate are as under:
- 11 -
NC: 2023:KHC-K:8987
i). Lacerated wound on right cheek.
ii). Lacerated wound above right eyebrow.
iii). Fracture on left nasal bone.
iv). Fracture on both maxillary bone.
v). Fracture on lesser right wrist of sphenoid bone.
13. Considering the nature of occupation carried out
by the claimant and nature of injuries sustained by him
which according to the treating doctor is 25% to the whole
body, this Court of the considered view the disability be
assessed at 10%. Since, no documents have been
furnished with regard to the income of the appellant, as
per the guidelines issued by the Karnataka State Legal
Services Authority for the purposes of determination of
notional income, the notional income of the victims of road
traffic accident for the year 2010 is assessed at Rs.5,500/-
the same is taken into consideration. The appellant was
aged about 45 years at the time of accident, multiplier '14'
is applicable. Calculated as above, the 'Loss of future
Income' of the appellant due to disability is
Rs.1,12,200/-
- 12 -
NC: 2023:KHC-K:8987
(Rs.5,500X12X14X10%=92,400/-)
14. The order of Tribunal with regard to 'Medical
Expenses' Rs.15,643/- the same is maintained as it is.
15. The Tribunal has awarded Rs.10,000/- towards
'Pain and Suffering' and additional a sum of Rs.15,000/-
is added making it Rs.25,000/-.
16. The Tribunal has awarded Rs.10,000/- towards
'Loss of amenities and Nutrition Food', same is
enhanced to Rs.25,000/- by adding Rs.15,000/-.
17. The Tribunal has awarded Rs.5,000/- towards
'Attendant Charges, Food and Conveyance' and same
is enhanced to Rs.15,000/- by adding Rs.10,000/-
considering the fact that the claimant was treated as in-
patient for a period of 14 days and the nature of injuries
he must have been advised rest for about three months.
Accordingly, the claimant is also entitled for 'Loss of
Income during the Period of Treatment', same is
enhanced to Rs.16,500/- (Rs.5,500 X 3 months).
- 13 -
NC: 2023:KHC-K:8987
18. Thus, in total the appellant/claimant is entitled
for compensation of Rs.1,89,543/- instead of
Rs.30,643/- as awarded by the Tribunal, which is as
under:
Sl. By By
Heads
No. Tribunal this Court
1 Towards pain and suffering Rs. 10,000/- Rs. 25,000/-
2 Towards Medical Expenses Rs.15,643/- Rs.15,643/-
3 Towards attendant charges, Rs. 5,000/- Rs. 15,000/-
food and conveyance
4 Toward loss of amenities - Rs. 25,000/-
and nutrition food
5 Loss of future income - Rs.92,400/-
6 Loss of income during - Rs. 16,500/-
period of treatment
Total Rs.30,643/- Rs.1,89,543/-
ORDER
a) The appeals are partly allowed.
b) The appellant in MFA No.200142/2017 namely
Sri. Eranna is held entitled for a total
compensation of Rs.1,93,700/- instead of
Rs.15,000/-.
c) The appellant in MFA No.200143/2017 namely
Sri.Gajendra is held entitled for a total
- 14 -
NC: 2023:KHC-K:8987
compensation of Rs.1,89,543/- instead of
Rs.30,643/- awarded by the Tribunal.
d) Respondent- Insurance Company shall pay the
aforesaid compensation amount within 06
weeks from the date of receipt of certified copy
of this judgment along with interest at 6% per
annum from the date of claim petitions till
realization. However, appellants are not
entitled to interest for the delayed period of
264 days in filing MFA No.200142/2017 and
242 days in filing MFA No.200143/2017.
e) The impugned judgment and awards of the
Tribunal is modified accordingly.
Sd/-
JUDGE
RL
