Karnataka High Court
Harish S/O Nagaraj Shet Kurdekar vs The Managing Director on 8 April, 2024
-1-
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
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. 100862 OF 2020 (MV-I)
C/W
MFAISCELLANEOUS FIRST APPEAL NOS. 100859, 100860,
100861, 100863, 100864, 100865, 100866, 100867,
100868 OF 2020 (MV-I)
IN MFA NO.100862/2020
BETWEEN:
KUM. CHAITRA D/O. BABU SHET,
AGE: 22 YEARS, OCC: TAILORING, NOW NIL,
R/O. DASANAKOPPA, TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100859/2020
Digitally signed
by ROHAN BETWEEN:
HADIMANI T
Location: HIGH
COURT OF
KARNATAKA BABU S/O.GANAPATI SHETH,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. DASANAKOPPA, TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100860/2020
BETWEEN:
BABU S/O. GANAPATI SHETH,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. DASANAKOPPA,
-2-
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100861/2020
BETWEEN:
PRASHANT S/O. MARUTI VERNEKAR,
AGE: 25 YEARS, OCC: GOLD SMITH, NOW NIL,
R/O. VEERMARUTI NAGAR, GOKUL ROAD,
HUBBALLI, NOW AT DASANAKOPPA,
TQ: SIRSI-581358, DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100863/2020
BETWEEN:
BABU S/O. GANAPATI SHETH,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. DASANAKOPPA, TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100864 OF 2020
BETWEEN:
1. NAGARAJ S/O. NARAYAN SHETH,
AGE: 50 YEARS, OCC: NIL.
2. GIRISH S/O. NAGARAJ SHETH,
AGE: 24 YEARS, OCC: STUDENT .
3. RAJESH S/O. NAGARAJ SHETH,
AGE: 23 YEARS, OCC: STUDENT.
4. HARISH S/O. NAGARAJ SHETH,
AGE: 22 YEARS, OCC: STUDENT,
ALL ARE R/O. ALAKOLLA, SHIVAMOGGA,
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NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
NOW AT DASANAKOPPA,
TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANTS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100865/2020
BETWEEN:
HARISH S/O. NAGARAJ SHET @ KURDEKAR,
AGE: 24 YEARS,
OCC: MASON WORK, NOW NIL,
R/O. ALAKOLLA, SHIVAMOGGA,
NOW AT DASANAKOPPA,
TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100866/2020
BETWEEN:
BABU S/O GANAPATI SHETH,
AGE: 50 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O. DASANAKOPPA, TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
IN MFA NO. 100867/2020
BETWEEN:
VENKATESH S/O. SHANKAR SHET,
AGE: 42 YEARS, OCC: COOLIE,
R/O. MALANJI, TQ: SIRSI-581358,
DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
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NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
IN MFA NO. 100868 OF 2020
BETWEEN:
SMT. SUNITA W/O. MARUTI VERNEKAR,
AGE: 42 YEARS, OCC: COOLIE, NOW NIL,
R/O. VEERAMARUTI NAGAR, GOKUL ROAD,
HUBBALLI, NOW AT DASANAKOPPA,
TQ: SIRSI-581358, DIST: KARWAR.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
M/S. VRL LOGISTICS LIMITED,
REGD. & ADMIN OFFICE, NH-4, P.B. ROAD,
VARUR, HUBBALLI-581207, TQ: HUBBALLI,
DIST: DHARWAD.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
MODI COMPLEX, HOSPET ROAD,
SIRSI-581401, TQ: SIRSI,
DIST: KARWAR (U.K)
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1;
SRI. N. R. KUPPELUR, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C
NOS.242/2018, 239/2018, 240/2018, 241/2018, 249/2018,
250/2018, 251/2018, 254/2018, 256/2018, 263/2018 ON THE FILE
OF THE SENIOR CIVIL JUDGE & ADDL. M.A.C.T, SIRSI, DATED
28/10/2019 BY ALLOWING THIS APPEAL WITH COST, IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
JUDGMENT
Though these appeals are listed for admission, with the
consent of learned counsel for the parties, they are taken up
together for final disposal, as these appeals arise out of the
same accident.
2. These appeals are filed by the injured/claimants
as well as the dependents/claimants seeking enhancement of
compensation, being aggrieved by the judgments and
awards dated 28.10.2019 passed in M.V.C. Nos.242, 239,
240, 241, 249, 250, 251, 254, 256 and 263 of 2018 on the
file of the Senior Civil Judge and Member, Addl. MACT-V,
Sirsi (for short, 'Tribunal').
3. Heard the learned counsel Sri.Harish S.Maigur
appearing for the appellants, learned counsel
Sri.N.R.Kuppellur appearing for the respondent
No.2/Insurance Company and learned counsel
Sri.Hanumanthareddy Sahukar appearing for the respondent
No.1/owner of the vehicle.
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
4. Learned counsel Sri.Harish S.Maigur appearing for
the appellants submits that the injured/claimants as well as
the deceased were traveling in a tempo bearing registration
No.KA-26-A-780 to visit Dharmastala. At that time, they met
with a road accident and sustained grievous injuries and
some of the inmates died in the accident. He submits that
the award of compensation in the cases of death and in the
cases of injuries by the Tribunal is contrary to the evidence
available on record, hence, he seeks to reassess the income,
disability and compensation on all the other heads by
allowing all the appeals.
5. Per contra, learned counsel Sri.N.R.Kuppellur
appearing for the respondent No.2/Insurance Company and
learned counsel Sri.Hanumanthareddy Sahukar appearing for
the respondent No.1/owner of the vehicle, in chorus
vehemently oppose the appeals and submit that the Tribunal
taking note of the evidence available on record has assessed
the income and disability in the case of injuries and awarded
just and fair compensation which does not call for any
enhancement. They submit that in the cases of death also
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
the Tribunal has taken note of the avocation and dependency
and awarded fair and reasonable compensation to the
dependents. Thus, they seek to dismiss all the appeals.
6. I have heard the learned counsel for the parties
and perused the material available on record.
7. The Tribunal while considering the evidence
available on record has considered the income differently.
Admittedly, in all the claim petitions, the claimants have not
placed the income proof. Hence, this Court notionally
assesses the income in all the cases at Rs.10,250/- per
month placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority for
the purpose of determination of compensation.
8. This Court has meticulously perused the oral
testimony of the witness examined before the Tribunal and
documentary evidence available on record and is of the
considered view that the appeals filed by the dependents of
the deceased and the appeals of the injured are required to
be considered and their compensation are required to be
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
reassessed. Hence, this Court taking note of the oral
evidence and documentary evidence available on record,
re-determines the compensation in each of the cases as
under:
9. In MFA No.100862/2020 (MVC No.242/2018), the
appellant has sustained injuries to right radius shaft closed
fracture. Taking note of the same, this Court reassesses the
disability at 6%. There is no dispute with regard to multiplier
as '18'. Thus, the appellant is entitled to modified
compensation on the head of loss of future income due to
disability as under:
Rs.10,250 x 12 x 18 x 6% = Rs.1,32,840/-
10. Insofar as the award of compensation on the
other heads is concerned, the same is unaltered. Thus, the
appellant is entitled to modified compensation on the
following heads:
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
Pain and suffering Rs. 40,000/-
Medical expenses Rs. 45,000/-
Food, diet, nourishment and attendant Rs. 5,000/-
Transportation charges Rs. 5,000/-
Laid up charges Rs. 30,000/-
Loss of future income due to disability Rs. 1,32,840/-
Loss of amenities Rs. 40,000/-
-------------------
Total Rs.2,97,840/-
-------------------
11. Thus, the appellant in MFA No.100862/2020 (MVC
No.242/2018) is entitled to total compensation of
Rs.2,97,840/- as against Rs.2,19,000/- awarded by the
Tribunal.
12. In MFA No.100859/2020 (MVC No.239/2018), the
Tribunal has awarded total compensation of Rs.7,44,000/-
for the death Sri.Subrahmanya Sheth who was aged about
17 years a the time of the accident. Learned counsel for the
Insurance Company submits that the award of compensation
by the Tribunal under the head of loss of dependency is
required to be set-aside as the deceased Subrahmanya is the
nephew of the appellant/claimant. This Court perused the
reasoning assigned by the Tribunal. It is evidence that the
appellant/claimant was fully dependent on the deceased and
- 10 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
the same has been rightly considered by the Tribunal which
does not call for interference. This Court reassesses the
income of the deceased notionally at Rs.10,250/- per month
and add 40% to the assessed income under the head of loss
of future prospects of the deceased. There is no dispute with
regard to multiplier and deduction towards personal and
living expenses of the deceased. Thus, the appellant is
entitled to modified compensation under the head of loss of
dependency as under:
Rs.10,250 + 40% x 12 x 18 less 50% = Rs.15,49,800/-
13. The appellant/claimant is entitled to Rs.40,000/-
under the head of loss of consortium, Rs.15,000/- under the
head of loss of estate and Rs.15,000/- under the head of
transportation of dead body and funeral expenses. Thus, the
appellant is entitled to modified compensation on the
following heads:
Loss of dependency Rs. 15,49,800/-
Loss of consortium Rs. 40,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
-------------------
Total Rs.16,19,800/-
- 11 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
14. Thus, the appellant in MFA No.100859/2020 (MVC
No.239/2018) is entitled to total compensation of
Rs.16,19,800/- as against Rs.7,44,000/- awarded by the
Tribunal.
15. In MFA No.100860/2020 (MVC No.240/2018), the
award of compensation by the Tribunal is modified only to
the extent of income of the deceased. This Court reassesses
the income of the deceased notionally at Rs.10,250/- per
month. There is no dispute with regard to multiplier and
deduction towards personal and living expenses of the
deceased. Thus, the appellant is entitled to modified
compensation under the head of loss of dependency as
under:
Rs.10,250 x 12 x 7 x 2/3 = Rs.5,74,000/-
16. The appellant/claimant is entitled to Rs.40,000/-
under the head of loss of consortium, Rs.15,000/- under the
head of loss of estate and Rs.15,000/- under the head of
transportation of dead body and funeral expenses. Thus, the
- 12 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
appellant is entitled to modified compensation on the
following heads:
Loss of dependency Rs. 5,74,000/-
Loss of consortium Rs. 40,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
-------------------
Total Rs.6,44,000/-
-------------------
17. Thus, the appellant in MFA No.100860/2020 (MVC
No.240/2018) is entitled to total compensation of
Rs.6,44,000/- as against Rs.3,10,000/- awarded by the
Tribunal.
18. In MFA No.100861/2020 (MVC No.241/2018), the
appellant was aged about 23 years at the time of the
accident and was inpatient for 51 days in the hospital. The
appellant has sustained right femur shaft fracture, right
distal tibia fracture and left tibia fracture. The Doctor has
assessed the disability at 44.77% and the Tribunal has
considered disability at 20%. This Court is of the considered
view that the assessment of disability by the Tribunal is just
and appropriate and does not call for modification. However,
- 13 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
the income of the appellant is reassessed by this Court at
Rs.10,250/- per month. There is no dispute with regard to
multiplier as '18'. Thus, the appellant is entitled to modified
compensation under the head of loss of future income due to
disability as under:
Rs.10,250 x 12 x 18 x 20% = Rs.4,42,800/-
19. Insofar as the award of compensation on the
other heads is concerned, the same is unaltered. Thus, the
appellant is entitled to modified compensation on the
following heads:
Pain and suffering Rs. 75,000/-
Medical expenses Rs. 5,80,000/-
Food, diet, nourishment and attendant Rs. 25,000/-
Transportation charges Rs. 25,000/-
Laid up charges Rs. 1,20,000/-
Loss of future income due to disability Rs. 4,42,800/-
Loss of amenities Rs. 50,000/-
-------------------
Total Rs.13,17,800/-
-------------------
20. Thus, the appellant in MFA No.100861/2020 (MVC
No.241/2018) is entitled to total compensation of
- 14 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
Rs.13,17,800/- as against Rs.13,07,000/- awarded by the
Tribunal.
21. In MFA No.100863/2020 (MVC No.249/2018), the
Tribunal has awarded total compensation of Rs.6,30,000/-
for the death of Smt.Meenakshi Seth who was aged about 38
years a the time of the accident. This Court reassesses the
income of the deceased notionally at Rs.10,250/- per month
and add 40% to the assessed income under the head of loss
of future prospects of the deceased. There is no dispute with
regard to multiplier and deduction towards personal and
living expenses of the deceased. Thus, the appellant is
entitled to modified compensation under the head of loss of
dependency as under:
Rs.10,250 + 40% x 12 x 15 x 2/3 = Rs.17,22,000/-
22. The appellant/claimant is entitled to Rs.40,000/-
under the head of loss of consortium, Rs.15,000/- under the
head of loss of estate and Rs.15,000/- under the head of
transportation of dead body and funeral expenses. Thus, the
- 15 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
appellant is entitled to modified compensation on the
following heads:
Loss of dependency Rs. 17,22,000/-
Loss of consortium Rs. 40,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
-------------------
Total Rs.17,92,000/-
-------------------
23. Thus, the appellant in MFA No.100863/2020 (MVC
No.249/2018) is entitled to total compensation of
Rs.17,92,000/- as against Rs.6,30,000/- awarded by the
Tribunal.
24. In MFA No.100864/2020 (MVC No.250/2018), the
income of the deceased is to be reassessed and the
deduction towards personal and living expenses of the
deceased to also to be reassessed. This Court reassesses the
income of the deceased notionally at Rs.10,250/- per month
and add 25% to the said income under the head of loss of
future prospects of the deceased. The deduction towards
personal and living expenses is reassessed as 1/4th as
against 1/3rd assessed by the Tribunal. There is no dispute
- 16 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
with regard to multiplier as '14'. Thus, the
appellants/claimants are entitled to modified compensation
under the head of loss of dependency as under:
Rs.10,250 + 25% x 12 x 14 x 3/4 = Rs.16,14,375/-
25. The appellants/claimants are entitled to
Rs.40,000/- each under the head of loss of consortium
(i.e.Rs.40,000 X 4 dependents=Rs.1,60,000/-), Rs.15,000/-
under the head of loss of estate and Rs.15,000/- under the
head of transportation of dead body and funeral expenses.
Thus, the appellants are entitled to modified compensation
on the following heads:
Loss of dependency Rs. 16,14,375/-
Loss of consortium Rs. 1,60,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
-------------------
Total Rs.18,04,375/-
-------------------
26. Thus, the appellants in MFA No.100864/2020
(MVC No.250/2018) are entitled to total compensation of
Rs.18,04,375/- as against Rs.8,14,000/- awarded by the
Tribunal.
- 17 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
27. In MFA No.100865/2020 (MVC No.251/2018), this
Court reassesses the income of the deceased notionally at
Rs.10,250/- per month and add 40% to the assessed income
under the head of loss of future prospects of the deceased.
There is no dispute with regard to multiplier and deduction
towards personal and living expenses of the deceased. Thus,
the appellant/claimant is entitled to modified compensation
under the head of loss of dependency as under:
Rs.10,250 + 40% x 12 x 18 x 2/3 = Rs.20,66,400/-
28. The appellant/claimant is entitled to Rs.40,000/-
under the head of loss of consortium, Rs.15,000/- under the
head of loss of estate and Rs.15,000/- under the head of
transportation of dead body and funeral expenses. Thus, the
appellant is entitled to modified compensation on the
following heads:
Loss of dependency Rs. 20,66,400/-
Loss of consortium Rs. 40,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
-------------------
Total Rs.21,36,400/-
-------------------
- 18 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
29. Thus, the appellant in MFA No.100865/2020 (MVC
No.251/2018) is entitled to total compensation of
Rs.21,36,400/- as against Rs.10,78,000/- awarded by the
Tribunal.
30. In MFA No.100866/2020 (MVC No.254/2018), the
appellant has sustained left ankle and right leg, compound
fracture tibia with fracture fibula of right leg. The Tribunal
has rightly assessed the disability at 8% which does not call
for modification. However, the income of the appellant is
reassessed by this Court at Rs.10,250/- per month. There is
no dispute with regard to multiplier as '11'. Thus, the
appellant is entitled to modified compensation under the
head of loss of future income due to disability as under:
Rs.10,250 x 12 x 11 x 8% = Rs.1,08,240/-
31. Insofar as the award of compensation on the
other heads is concerned, the same is unaltered. Thus, the
appellant is entitled to modified compensation on the
following heads:
- 19 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
Pain and suffering Rs. 50,000/-
Medical expenses Rs. 78,200/-
Food, diet, nourishment and attendant Rs. 10,000/-
Transportation charges Rs. 10,000/-
Laid up charges Rs. 54,000/-
Loss of future income due to disability Rs. 1,08,240/-
Loss of amenities Rs. 50,000/-
-------------------
Total Rs.3,60,440/-
-------------------
32. Thus, the appellant in MFA No.100866/2020 (MVC
No.254/2018) is entitled to total compensation of
Rs.3,60,440/- as against Rs.3,47,240/- awarded by the
Tribunal.
33. In MFA No.100867/2020 (MVC No.256/2018), the
appellant has sustained fracture lateral condyle tibia with
fracture L/3rd both bones of LT leg. The Doctor has assessed
disability at 27.60% and the Tribunal has assessed the
disability at 9%. This Court reassesses the disability of the
appellant/injured at 10%. The income of the appellant is also
reassessed by this Court at Rs.10,250/- per month. There is
no dispute with regard to multiplier as '13'. Thus, the
appellant is entitled to modified compensation under the
head of loss of future income due to disability as under:
- 20 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
Rs.10,250 x 12 x 13 x 10% = Rs.1,59,900/-
34. Insofar as the award of compensation on the
other heads is concerned, the same is unaltered. Thus, the
appellant is entitled to modified compensation on the
following heads:
Pain and suffering Rs. 40,000/-
Medical expenses Rs. 78,000/-
Food, diet, nourishment and attendant Rs. 10,000/-
Transportation charges Rs. 10,000/-
Laid up charges Rs. 54,000/-
Loss of future income due to disability Rs. 1,59,900/-
Loss of amenities Rs. 40,000/-
-------------------
Total Rs.3,91,900/-
-------------------
35. Thus, the appellant in MFA No.100867/2020 (MVC
No.256/2018) is entitled to total compensation of
Rs.3,91,900/- as against Rs.3,44,320/- awarded by the
Tribunal.
36. In MFA No.100868/2020 (MVC No.263/2018), the
appellant has sustained fracture of right tibia with
intramedullary interlocking nailing, 3rd tibia with united
fracture lower 3rd tibia with ILN in situ with united fracture
- 21 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
upper and fibula of right leg. The Doctor has assessed
disability at 31.19% to the lower limb and the Tribunal has
assessed the disability at 10%. This Court reassesses the
disability of the appellant/injured at 11%. The income of the
appellant is also reassessed by this Court at Rs.10,250/- per
month. There is no dispute with regard to multiplier as '14'.
Thus, the appellant is entitled to modified compensation
under the head of loss of future income due to disability as
under:
Rs.10,250 x 12 x 14 x 11% = Rs.1,89,420/-
37. Insofar as the award of compensation on the
other heads is concerned, the same is unaltered. Thus, the
appellant is entitled to modified compensation on the
following heads:
Pain and suffering Rs. 50,000/-
Medical expenses Rs. 1,86,500/-
Food, diet, nourishment and attendant Rs. 10,000/-
Transportation charges Rs. 10,000/-
Laid up charges Rs. 48,000/-
Loss of future income due to disability Rs. 1,89,420/-
Loss of amenities Rs. 40,000/-
-------------------
Total Rs.5,33,920/-
- 22 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
38. Thus, the appellant in MFA No.100868/2020 (MVC
No.263/2018) is entitled to total compensation of
Rs.5,33,920/- as against Rs.4,78,900/- awarded by the
Tribunal.
39. This Court reassesses the compensation in the
aforesaid claim petitions, after re-appreciation of the entire
evidence available on record and after considering the rival
contentions urged by the parties. In view of the same, the
appeals filed by the claimants are allowed in part. The
appellants/claimants are entitled to interest in all the appeals
at the rate of 6% per annum from the date of petition till the
realization.
40. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) All the appeals filed by the claimants are
allowed in part.
b) The impugned judgment and award of the
Tribunal is modified holding that the appellant
- 23 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
in MFA No.100862/2020 (MVC No.242/2018)
is entitled to total compensation of
Rs.2,97,840/- as against Rs.2,19,000/-
awarded by the Tribunal; the appellant in MFA
No.100859/2020 (MVC No.239/2018) is
entitled to total compensation of
Rs.16,19,800/- as against Rs.7,44,000/-
awarded by the Tribunal; the appellant in MFA
No.100860/2020 (MVC No.240/2018) is
entitled to total compensation of
Rs.6,44,000/- as against Rs.3,10,000/-
awarded by the Tribunal; the appellant in MFA
No.100861/2020 (MVC No.241/2018) is
entitled to total compensation of
Rs.13,17,800/- as against Rs.13,07,000/-
awarded by the Tribunal; the appellant in MFA
No.100863/2020 (MVC No.249/2018) is
entitled to total compensation of
Rs.17,92,000/- as against Rs.6,30,000/-
awarded by the Tribunal; the appellants in
MFA No.100864/2020 (MVC No.250/2018) are
entitled to total compensation of
Rs.18,04,375/- as against Rs.8,14,000/-
awarded by the Tribunal; the appellant in MFA
No.100865/2020 (MVC No.251/2018) is
entitled to total compensation of
- 24 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
Rs.21,36,400/- as against Rs.10,78,000/-
awarded by the Tribunal; the appellant in MFA
No.100866/2020 (MVC No.254/2018) is
entitled to total compensation of
Rs.3,60,440/- as against Rs.3,47,240/-
awarded by the Tribunal; the appellant in MFA
No.100867/2020 (MVC No.256/2018) is
entitled to total compensation of
Rs.3,91,900/- as against Rs.3,44,320/-
awarded by the Tribunal and the appellant in
MFA No.100868/2020 (MVC No.263/2018) is
entitled to total compensation of
Rs.5,33,920/- as against Rs.4,78,900/-
awarded by the Tribunal.
c) The enhanced compensation amount, in all
the above appeals, shall carry interest at the
rate of 6% per annum from the date of
petitions till date of realization.
d) The respondent No.2/Insurance Company, in
all the above appeals, shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of the judgment.
- 25 -
NC: 2024:KHC-D:6292
MFA No.100862 of 2020 C/W MFA No. 100859 of 2020,
MFA No. 100860 of 2020, MFA No. 100861 of 2020,
MFA No. 100863 of 2020, MFA No. 100864 of 2020,
MFA No. 100865 of 2020, MFA No. 100866 of 2020,
MFA No. 100867 of 2020, MFA No. 100868 of 2020.
e) On such deposit, the same shall be released
in favour of the appellants/claimants.
f) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
g) Registry to transmit the records, if any, to the
Tribunal forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
