Karnataka High Court
Pampapathi S/O Eashwarappa Arasanigi vs Siddayya S/O Mahanthayya Salimath on 8 April, 2024
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NC: 2024:KHC-D:6261
MFA No. 103061 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103061 OF 2019 (MV-I)
BETWEEN:
PAMPAPATHI S/O. EASHWARAPPA ARASANIGI,
AGE: 24 YEARS, OCC: MASON WORK,
R/O. DOTHIHAL, NOW RESIDING AT POLICE
QUARTERS, WARD NO.31, GANGAVATHI TOWN,
TQ: GANGAVATHI, DIST: KOPPAL.
...APPELLANT
(BY SMT. KEERTHI G. K, ADVOCATE)
AND:
1. SIDDAYYA S/O. MAHANTHAYYA SALIMATH,
AGE: 60 YEARS, OCC: BUS DRIVER,
KSRTC BUS NO.KA-17/F-1589,
R/O. HARAPANAHAALI DEPOT,
DIST: DAVANAGERA-583131.
2. THE DIVISIONAL CONTROLLER,
KSRTC DEPOT, HARAPANAHAALI DIVISION,
DAVANAGERE, BUS NO.KA-17/F-1589,
KSRTC DIVISION OFFICE, DAVANAGERA,
Digitally signed
by ROHAN DIST: DAVANAGERA-583131.
HADIMANI T
Location: HIGH
...RESPONDENTS
COURT OF (BY SMT. VAISHALI KALADAGI, ADV. FOR R2;
KARNATAKA
NOTICE R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE ABOVE MISC.
FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE
JUDGMENT AND AWARD DATED 9/8/2018 PASSED BEFORE THE
COURT OF THE SENIOR CIVIL JUDGE & M.A.C.T, AT GANGAVATHI IN
M.V.C NO.110/2016 AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6261
MFA No. 103061 of 2019
JUDGMENT
This appeal is filed by the appellant/injured seeking
enhancement of compensation being aggrieved by the
judgment award dated 09.08.2018, passed in MVC
No.110/2016 on the file of Senior Civil Judge and MACT,
Gangavathi (for short, 'Tribunal').
2. Heard Smt.Keerti.G.K learned counsel appearing for
the appellant and Smt.Vaishali Kaladagi learned counsel
appearing for the respondent No.2/Insurance Company.
3. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has committed an
error in assessing the income as well as the disability of the
appellant. She submits that the award of compensation by the
Tribunal on the other heads is on the lower side and the same
is required to be enhanced by allowing the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company opposed the appeal by
supporting the impugned judgment and award of the Tribunal
and submits that PW2-Dr.H.Ramakrishna is not a treated
doctor, hence, he has assessed the disability on the higher side
NC: 2024:KHC-D:6261
as the appellant has sustained one fracture and other are
simple injuries. Hence, she seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel for
the respective parties. Perused the material available on
record.
6. The material available on record indicates that the
appellant met with a road accident on 12.07.2015 and
sustained fracture of right humorous and other injuries. Taking
note of the same and considering the oral testimony of PW2
and the other medical evidence available on record, this Court
would reassess the disability of the injured/claimant at 7%.
This Court notionally assesses the income of the
injured/claimant at Rs.8,000/- per month placing reliance on
the notional income chart prepared by the Karnataka State
Legal Services Authority. There is no dispute with regard to the
age of the injured/claimant as 21 years and appropriate
multiplier of 18. Thus, the appellant/claimant would be entitled
to compensation on the head of loss of future income due to
disability as under:
Rs.8,000 x 12 x 18 x 7% = Rs.1,20,960/-
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7. Taking note of the injuries suffered by the
appellant and duration of treatment taken by him, the appellant
is entitled to an additional sum of Rs.30,000/- under the head
of pain and suffering and additional sum of Rs.20,000/- under
the head of loss of amenities. The appellant is entitled to
Rs.24,000/- under the head of loss of income during laid-up
period and the appellant is also entitled to additional sum of
Rs.5,000/- under the head of diet, nourishment, attendants
charges and conveyance charges. Insofar as the award of
compensation of Rs.40,000/- towards medical reimbursement
is unaltered. Thus, the claimant would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of future income due to disability 1,20,960/-
Pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up period 24,000/-
Diet, Nourishment, attendants charges 15,000/-
and conveyance
Medical reimbursement 40,000/-
Total 2,69,960/-
Thus, the appellant would be entitled to total
compensation of Rs.2,69,960/- as against Rs.1,52,800/-
awarded by the Tribunal.
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8. It is noticed that this Court vide order dated
05.02.2020, while condoning the delay of 97 days in filing the
appeal, made an observation that the appellant/claimant would
not be entitled for interest for the delayed period, in case if he
succeed in the appeal. Hence, the claimant would not be
entitled for the interest on the enhanced compensation for the
aforesaid delayed period.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of
the Tribunal is modified to an extent
that the claimant would be entitled to
total compensation of Rs.2,69,960/- as
against Rs.1,52,800/- awarded by the
Tribunal.
c) The enhanced compensation amount
shall carry interest at the rate of 6% per
annum from the date of petition till the
date of payment.
d) The respondent No.2/Insurance
Company to pay the entire
compensation amount along with
interest to the appellant/claimant within
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six weeks from the date of receipt of
certified copy of this judgment.
e) Needless to say that the claimant would
not be entitled to interest on the
enhanced compensation amount for a
period of 97 days. Registry to take note
of the same while drawing award.
f) The enhanced compensation amount
shall be released in favour of the
respective appellant/claimant.
g) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
