Karnataka High Court
Sri. Revanasiddappa vs Maheshwarappa H S on 6 January, 2023
Bench: M.I.Arun
-1-
MFA No. 5811 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.5811 OF 2019 (MV-I)
BETWEEN:
1. SRI. REVANASIDDAPPA
S/O LATE VEERAPPA,
AGED ABOUT 51 YEARS,
AGRICULTURIST,
R/O KANDANKOVI VILLAGE,
ANAJI POST, DAVANAGERE TQ & DIST.
Digitally signed ...APPELLANT
by V
MANJUSHA BAI (BY SRI. SANTOSH R NELKUDURI, ADVOCATE)
Location: High
Court of
Karnataka AND:
1. MAHESHWARAPPA H S
S/O LATE SIDDALINGAPPA
AGED ABOUT 52 YEARS
DRIVER OF THE CAR BEARING
REG.NO.KA-17/N-0131
R/O D.NO.110/63,
BEHIND B.T.PARK, B.T.LAYOUT,
DAVANAGERE PIN-577001
2. CHANNABASAVANAGOWDA T
S/O LOKANAGOWDA,
AGED 53 YEARS
OWNER OF THE CAR BEARING
REG.NO.KA17/N-0131
D.NO.1798/3, 16TH CROSS
ANJANEYA BADAVANE
DAVANAGERE-577 001.
-2-
MFA No. 5811 of 2019
3. THE MANAGER
THE ORIENTAL INSURANCE COMPANY LTD
BRANCH OFFICE, D.NO.289/6
MM.ARCHED, NEAR VIDYARTHI BHAVAN,
C.G.HOSPITAL ROAD,
DAVANAGERE-577 001.
...RESPONDENTS
(BY SRI. R.SURESH, ADVOCATE FOR R1;
SRI. C.SHANKAR REDDY, ADVOCATE FOR R3;
VIDE ORDER DATED 14.12.2022 NOTICE TO R2
IS DISPENSED WITH)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.01.2019 PASSED IN MVC
NO.396/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND MEMBER, MACT-IV, DAVANGERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated
25.01.2019 passed in MVC No.396/2018 by the Principal
Senior Civil Judge and Member, MACT-IV, Davangere, (for
short 'the Tribunal'), the petitioner therein has preferred this
appeal.
2. For the sake of convenience, the parties are
referred to herein as per their status before the Tribunal.
MFA No. 5811 of 2019
3. Brief facts of the case are as follows:
On 20.12.2018 at about 8.00 p.m. petitioner was
traveling as a pillion rider in a motor cycle bearing
registration No.KA-17/X-9678 and it met with an accident
near Old Chikkanahalli with a car bearing registration No.KA-
17/N-0131 driven in rash and negligent manner and duly
insured with respondent No.3-insurance company. Because
of the said accident, petitioner suffered distal 1/3 femur
fracture and thereby suffered a total body disability of 8%.
Petitioner is an agriculturist and was aged 60 years at the
time of accident. The Tribunal has awarded a compensation
of Rs.2,30,980/- along with interest @ 8% p.a. from the date
of petition till realization under the following heads:-
1. Pain and suffering Rs.40,000/-
Food and nourishment,
2. Rs.20,000/-
conveyance & attendant charges
Loss of income during laid up
3. Rs.27,000/-
period
4. Medical expenses Rs.73,500/-
5. Loss of earning due to disability Rs.60,480/-
Loss of amenities and
6. Rs.10,000/-
unhappiness
Total Rs.2,30,980/-
MFA No. 5811 of 2019
Not satisfied by the same, the petitioner has preferred
this appeal.
4. The accident took place on 20.12.2018. The
income of the petitioner has not been established before the
Tribunal. Hence, the notional income as prescribed in the
Lok-Adalath chart has to be considered which will be
Rs.12,500/- per month. The petitioner was aged 60 years at
the time of accident. Hence, the multiplier of 9 has to be
adopted as per the law laid down by the Hon'ble Supreme
Court in Sarla Verma vs. D.T.C [2009(6) SCC 121]. The
total body disability is 8%. Thus, towards 'loss of future
income' due to the disability the petitioner is entitled to a
sum of Rs.1,08,000/- (Rs.12,500/- X 12 X 9 X 8% total
body disability). Given the nature of injury, laid up period
has to be considered as three months and the petitioner is
entitled to a sum of Rs.37,500/- (Rs.12,500/- x 3) towards
'loss of income during laid up period'. Towards 'Pain and
suffering' a sum of Rs.40,000/- is awarded. Given the
nature of injury, in my opinion Rs.50,000/- would be
MFA No. 5811 of 2019
adequate. Towards 'food and nourishment, conveyance and
attendant charges' a sum of Rs.20,000/- is awarded. In my
opinion the same is appropriate. Towards medical expenses,
a sum of Rs.73,500/- is awarded and as the same is based
on actual bills, same is deemed appropriate. Towards 'loss
of amenities and unhappiness' a sum of Rs.10,000/- is
awarded and in my opinion Rs.30,000/- would be
appropriate.
5. Thus, the compensation to the petitioner under
different heads is modified as hereunder:-
Sl. Compensation
Compensation heads
No. amount
1. Towards loss of future income Rs.1,08,000/-
Towards loss of income during laid up
2. Rs.37,500/-
period
3. Towards pain and suffering Rs.50,000/-
Towards food and nourishment,
4. Rs.20,000/-
conveyance and attendant charges
5. Towards medical expenses Rs.73,500/-
Towards loss of amenities and
6. Rs.30,000/-
unhappiness
Total Rs.3,19,000/-
MFA No. 5811 of 2019
Thus, the petitioner is entitled for a compensation of
Rs.3,19,000/- as against the compensation of
Rs.2,30,980/- awarded by the Tribunal.
6. Hence, the following:
ORDER
i) The appeal is partly allowed;
ii) Respondent No.3-insurance company shall pay
the enhanced compensation of Rs.88,020/- to
the petitioner along with interest at the rate of
6% p.a. from the date of petition till realization
within a period of six weeks from the date of
receipt of certified copy of this order.
iii) Draw modified award accordingly.
iv) Registry to return the records to the jurisdictional
Tribunal forthwith.
SD/-
JUDGE
PGG
