Karnataka High Court
Vijayappa Ballary vs Ashok C S/O Chanabasappa on 23 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:13687
MFA No. 24810 of 2013
C/W MFA No. 24809 of 2013
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.24810/2013(MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.24809/2013(MV)
IN MFA.NO.24810/2013:
BETWEEN:
SHRI VIJAYAPPA BALLARI,
S/O. SHIDDAPPA BALLARI,
AGE: 42, OCC: COOLIE AND AGRICULTURE,
R/O: ANAJI, TQ: HIREKERUR,
NOW AT: BEHIND I.B. 3RD CROSS,
UMASHANKAR NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY KUMARI SHEELA A. KHANAPUR, ADVOCATE FOR
SRI SUNIL S. DESAI, ADVOCATE)
AND:
Digitally
signed by 1. SHRI ASHOK C. S/O. CHANABASAPPA,
SUJATA
SUBHASH AGE: MAJOR, OCCP: BUSINESS,
PAMMAR R/O: KUSKAR VILLAGE, POST: MATTUR,
TQ: SHIKARIPUR,
DIST: SHIMMOGGA.
2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
SUJATHA COMPLEX, KESHWAPUR,
HUBBALLI.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND
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NC: 2023:KHC-D:13687
MFA No. 24810 of 2013
C/W MFA No. 24809 of 2013
AWARD DATED 29.06.2013 PASSED BY THE LEARNED ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL - RANEBENNUR IN MVC NO.582/2011, AND ETC.,
IN MFA.NO.24809/2013:
BETWEEN:
SHRI CHANDRAPPA MADIWALAR
S/O. GUDDAPPA MADIWALAR,
AGE: 50, OCC: COOLIE AND AGRICULTURE,
R/O: ANAJI, TQ: HIREKERUR,
NOW A BANASHANKARI NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY KUMARI SHEELA A. KHANAPUR, ADVOCATE FOR
SRI SUNIL S. DESAI, ADVOCATE)
AND:
1. SHRI ASHOK C. S/O. CHANABASAPPA,
AGE: MAJOR, OCCP: BUSINESS,
R/O: KUSKAR VILLAGE,
POST: MATTUR,
TQ: SHIKARIPUR,
DIST: SHIMMOGGA.
2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
SUJATHA COMPLEX, KESHWAPUR,
HUBBALLI.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 29.06.2013 PASSED BY THE LEARNED ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL - RANEBENNUR IN MVC NO.581/2011, AND ETC.,
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:13687
MFA No. 24810 of 2013
C/W MFA No. 24809 of 2013
JUDGMENT
MFA No.24810/2013 and MFA No.24809/2013 are
filed by the claimants challenging the common judgment
and award passed in MVC Nos.581/2011 and MVC
No.582/2011 dated 29.06.2013, by the Addl. Senior Civil
Judge and Addl. MACT., Ranebennur, 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
claimants, coverage of insurance are not in dispute in
these cases.
4. In MFA NO.24810/2013 (MVC No.582/2011)
In the present case, from the medical evidence on
record, it is proved that the claimant had suffered grievous
injury on chest, abrasion over left hand at dorsum and
fracture of phalangx of left index finger.
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5. Considering the nature of injuries sustained, tribunal
has awarded compensation of Rs.28,480/- under various
heads. It is just and proper to award another additional
compensation of Rs.10,000/- in global in addition to what
has been awarded by the tribunal along with interest at
the rate of 6% per annum.
6. In MFA No.24809/2013 (MVC No.581/2011)
In the present case, from the medical evidence on
record, it is proved that the claimant has suffered grievous
injuries and fracture of right tibia and fibula bone of right
leg. The tribunal has awarded compensation under various
heads as follows:-
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 40,000-00
2. Towards medical expenses, food , 35,000-00
diet, nourishment and attendants
charges
3. Towards further medical 35,000-00
expenses
4. Towards loss of amenities. 20,000-00
5. Towards loss of income during 30,000-00
treatment period.
6 Towards loss of earning capacity. 1,12,320-00
Total: 2,72,300-00
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7. Considering the injuries sustained, a compensation of
Rs.50,000/- towards pain and suffering, Rs.25,000-00
towards loss of amenities are awarded. The compensation
awarded towards medical expenses and hospital charges
of Rs.22,634-00 say Rs.23,000-00is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.20,000-00 towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.27,500-00 towards loss of income during laid up period
for a period of 5 months, is awarded.
8. The doctor has stated that the claimant had suffered
55% of physical disability to the whole body. Therefore,
considering the evidence of the doctor, 18% functional
disability is taken into consideration by the tribunal and
the same is correctly held by the tribunal.
9. The accident is caused in the year 2010. Therefore,
notional income of Rs.5,500-00 per month is taken into
consideration, which is recognized by the Karnataka State
Legal Service Authority. The claimant was aged 48 years
NC: 2023:KHC-D:13687
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.5,500/-x18/100x13x12=Rs.1,54,440-00.
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 50,000-00
suffering.
2. Towards medical expenses. 23,000-00
3. Towards loss of amenities. 25,000-00
4. Towards loss of income during 27,500-00
laid up period and medical
treatment period.
5. Towards incidental charges like 20,000-00
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 1,54,440-00
capacity.
Total: 2,99,940-00
11. Therefore, the claimant is entitled for total
compensation of Rs.2,99,940-00, along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.2,72,300-00 awarded by the
Tribunal. The Insurance Company is directed to deposit
NC: 2023:KHC-D:13687
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) Both the appeals are allowed in part.
ii) The common judgment and award
passed in MVC Nos.581/2011 and MVC
No.582/2011 dated 29.06.2013, by the Addl.
Senior Civil Judge and Addl. MACT.,
Ranebennur, stands modified.
iii) The claimant in MFA No.24810/2013
is entitled for additional global compensation
of Rs.10,000/- along with interest at the rate
of 6% p.a. from the date of petition till its
realization.
iv) The claimant in MFA No.24809/2013 is
entitled for total compensation of
Rs.2,99,940-00 along with interest at the rate
of 6% p.a. from the date of petition till its
realization.
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v) The claimants are not entitled for
interest for the delayed period of 59 days and
76 days respectively in filing the appeal.
vi) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
vii) Send back the trial Court records
along with a copy of this judgment.
viii) No order as to costs.
ix) Draw award accordingly.
SD/-
JUDGE
HMB
CT-ASC
