Karnataka High Court
Shri. Prakash S/O Shivabasappa ... vs Shri. Sanjiv S/O Shamrao Gaikwad on 21 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:13638
MFA No. 24039 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.24039/2011(MV-I)
BETWEEN:
SHRI PRAKASH
S/O. SHIVABASAPPA KULKARNI,
AGE: 38 YEARS, OCC: AGRICULTURE
AND FOOD GRAINS BUSINESS, NOW-NIL,
R/O: SUBHASH GALLI, BALEKUNDRI KHURD,
TQ AND DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND:
1. SHRI SANJIV
S/O. SHAMRAO GAIKWAD,
AGE: 51 YEARS, OCC: BUSINESS,
R/O: BASAVANA BAGEWADI,
DIST: BIJAPUR.
Digitally signed
by
VIJAYALAKSHMI
VIJAYALAKSHMI M KANKUPPI
2. THE DIVISIONAL MANAGER,
M KANKUPPI
Date:
2023.12.16
12:41:39 +0530
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, RAMDEV GALLI,
BELAGAVI.
...RESPONDENTS
(BY SRI G.N.RAICHUR, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION
AND AWARD AS CLAIMED BY THE APPELLANT BY MODIFYING THE
JUDGMENT AND AWARD PASSED BY PRESIDING OFFICER, FAST
TRACK COURT - IV, BELAGAVI, IN MVC NO.2804/2009, DATED
31.05.2011 AND ETC.,
-2-
NC: 2023:KHC-D:13638
MFA No. 24039 of 2011
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the claimant for
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 fracture
of lower 3rd of Tibia and Fibula of right leg and other
injuries to all over the body.
5. The tribunal has awarded compensation under
various heads as under:
NC: 2023:KHC-D:13638
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 35,000-00
2. Towards medical expenses. 1,83,000-00
3. Towards loss of amenities. 30,000-00
4. Towards loss of income during 12,000-00
treatment period.
5. Towards attendant charges. 10,000-00
6. Towards loss of earning capacity. 63,000-00
7 Towards special diet, conveyance 10,000-00
& incidental
Total: 3,43,000-00
6. Considering the nature of injuries sustained,
compensation awarded by the tribunal is on lesser side.
Therefore, the same is required to be enhanced by
modifying the judgment and award.
7. The claimant is an agriculturist and food grain vendor
and produced records of rights and claimant is owner of 36
acres of land. No documents are produced to prove the
income of the claimant.
8. The accident is caused in the year 2009. Therefore,
notional income of Rs.5,000/- per month is taken into
NC: 2023:KHC-D:13638
consideration, which is recognized by the Karnataka State
Legal Service Authority. There is no proof that claimant
was doing food grain business. PW.3-doctor who has given
treatment has stated that claimant has suffered 40% of
physical disability towards right limb. Since, the claimant
is an agriculturist; to do the agricultural work strength is
required. Therefore, it is just and proper to take functional
disability at 15% towards whole body applying principles
of law laid down by the Hon'ble Apex Court in the case of
Raj Kumar vs. Ajay Kumar and another, reported in
(2011) 1 SCC 343.
9. The claimant was aged 47 years at the time of
accident. Therefore appropriate applicable multiplier is 13.
Hence, loss of future income due to disability is hereby
reassessed and quantified as
Rs.5,000x15/100x13x12=1,17,000/-.
10. Considering the injuries sustained, a compensation of
Rs.50,000/- is awarded towards pain and suffering,
NC: 2023:KHC-D:13638
Rs.35,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs. 1,83,000-00 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.15,000/-(Rs.5,000X3) towards loss of income
during laid up period for a period of 3 months, is awarded.
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 50,000-00
suffering.
2. Towards medical expenses. 1,83,000-00
3. Towards loss of amenities. 35,000-00
4. Towards loss of income during 15,000-00
laid up period and medical
treatment period.
5. Towards incidental charges like 15,000-00
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 1,17,000-00
capacity.
Total: 4,15,000-00
NC: 2023:KHC-D:13638
12. Therefore, the claimant is entitled for total
compensation of Rs. 4,15,000-00, along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.3,43,000-00 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
31.05.2011, passed by the Presiding Officer,
Fast Tract Court-IV, Belagavi, in MVC
No.2804/2009 stands modified.
iii) The claimant is entitled for total
compensation of Rs. 4,15,000-00 along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
NC: 2023:KHC-D:13638
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) Send back the trial Court records
along with a copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
Sd/-
JUDGE
HMB
CT-ASC
