Karnataka High Court
Ningajjappa Maraningappa Toli vs Prakash S/O Ashok Pujeri on 10 April, 2024
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NC: 2024:KHC-D:6300
MFA No. 102187 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.102187 OF 2019 (MV-I)
BETWEEN:
NINGAJJAPPA MARANINGAPPA TOLI,
AGE: 42 YEARS,
OCC: PVT. JOB and AGRICLTURE NOW NIL,
R/O: TELAGINAHATTI-591101, TQ: GOKAK,
DIST: BELAGAVI.
...APPELLANT
(BY SRI. HARISH S.MAIGUR, ADVOCATE)
AND:
1. PRAKASH S/O. ASHOK PUJERI,
AGE: 31 YEARS, OCC: SERVICE,
R/O: MIDAKANATTI-591344, TQ: GOKAK,
DIST: BELAGAVI.
2. MARUTI S/O. KENCHAPPA PUJERI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: KEMMANAKOL-591223, TQ: GOKAK,
DIST: BELAGAVI.
3. YALLAPPA N. NAIK,
AGE: MAJOR, OCC: AGRICULTURE,
Digitally signed by R/O: KEMMANAKOL-591223, TQ: GOKAK,
JAGADISH T R DIST: BELAGAVI.
Location: HIGH
COURT OF 4. THE SR-DIVISIONAL MANAGER,
KARNATAKA UNITED INDIA INSURANCE CO. LTD.,
MARUTI GALLI, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. S.S. JOSHI, ADVOCATE FOR R4;
SRI. B. ANAND SHETTY, ADVOCATE FOR R1,
SRI. K. ANANDKUMAR, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 03.01.2018 PASSED IN MVC NO.1148/2014 ON THE FILE OF
THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:6300
MFA No. 102187 of 2019
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the injured/claimant seeking for
enhancement of compensation being aggrieved by the
judgment and award dated 03.01.2018 in MVC No.1148/2014
on the file of I Additional Senior Civil Judge, Gokak sitting at
Gokak (hereinafter referred to as 'Tribunal' for brevity).
2. Heard Sri.Harish S Maigur, learned counsel
appearing for the appellant and Sri.S.S.Joshi, learned counsel
for respondent No.4 and other contesting respondents.
3. Learned counsel for the appellant submits that the
Tribunal has committed a grave error in not awarding any
compensation under the head of loss of future income due to
accidental injuries. He further submits that the award of
compensation by the Tribunal on all other heads is required to
be reassessed by allowing the appeal.
4. Per contra, Sri.S.S.Joshi, learned counsel appearing
for the contesting respondent supports the impugned judgment
and award of the Tribunal and submits that admittedly the
appellant was working as secretary in PKBS society and even
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after the accident he continued his employment. Hence, the
question of payment of compensation under the head of loss of
future income due to disability would not arise. He submits that
the award of compensation by the Tribunal is just and proper
and no need to enhance the same. He seeks to dismiss the
appeal.
5. I have heard the arguments of learned counsel for
the appellant and learned counsel for the contesting
respondents. Perused the material available on record.
6. The appellant met with a road accident on
30.08.2013 and sustained fracture of femur, communited
fracture of right patella and communited compound fracture of
tibia and fibula of right leg. The appellant has taken treatment
to the aforesaid injuries. In support of his claim, he placed on
record the medical documents. The disability certificate
indicates that the appellant has sustained 50% of disability to
his right lower limb. The question of assessing disability and
awarding of compensation to the appellant would not arise as
the materials available on record indicate that the appellant
continued to work as secretary of the aforesaid society even
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after the accident. However, this Court taking note of the
injuries suffered by the appellant and treatment provided to
him, would award additional sum of Rs.25,000/- under the
head of pain and suffering, Rs.15,000/- under the head of
conveyance, attendant charges, food and nourishment as
against Rs.7,500/-. The appellant is entitled to Rs.21,000/-
under the head of loss of income during laid up period as
against Rs.15,000/- awarded by the Tribunal. The appellant is
entitled to Rs.40,000/- under the head of amenities as against
Rs.15,000/- awarded by the Tribunal. The appellant is entitled
to enhanced compensation in a sum of Rs.63,500/-. The
enhanced compensation shall carry interest at the rate of 6%
per annum.
7. Insofar as finding of the Tribunal on contributory
negligence is unaltered.
8. In the result, this Court proceeds to pass the
following:
ORDER
(a) The appeal stands allowed in part.
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(b) The impugned judgment and award of the Tribunal
stands modified.
(c) The appellant is not entitled for interest for 429
days delay as per order dated 10.04.2024.
(d) The Insurance Company is liable to pay 50% of the
total compensation amount.
(e) The Insurance Company shall deposit the
compensation amount with accrued interest before
the Tribunal within six weeks from the date of
receipt of certified copy of this judgment.
(f) Draw modified award accordingly.
Sd/-
JUDGE
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