Karnataka High Court
Yamanappa S/O Hanamappa Hanamant ... vs Sri. Bhaskar Puttayya Acharya on 10 April, 2024
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NC: 2024:KHC-D:6323
MFA No. 100221 of 2022
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. 100221 OF 2022 (MV-I)
BETWEEN:
YAMANAPPA S/O HANAMAPPA @ HANAMANT
CHANNADASAR
AGE 39 YEARS, OCC. COOLI, (NOW NIL)
R/O LAKKANAYAKANAKOPPA
TQ. RAMDURG, DIST BELAGAVI
...APPELLANT
(BY SRI. CHANDRASHEKHAR M HOSAMANI, ADVOCATE)
AND:
1. SRI. BHASKAR PUTTAYYA ACHARYA
AGE 49 YEARS, OCC. BUSINESS,
R/O. H.NO-1-94, PEJAMANGOOR,
UDUPI TQ AND DIST UDUPI-576234
(OWNER OF TVS STAR MOTOR CYCLE BEARING REG NO.
KA-20/U-1969 AS PER INSURANCE CERTIFICATE)
2. SRI MAHESH S/O HANAMANT BHAGOJI
AGE 29 YEARS, OCC. AGRICULTURE,
Digitally
signed by R/O. LAKKANAYAKANAKOPPA,
JAGADISH T R
Location:
TQ RAMDURG, DIST. BELAGAVI-591123
HIGH COURT
OF
KARNATAKA
3. THE UNITED INSURANCE COMPANY LTD
POLICY ISSUING OFFICE AT UDAYAVANI BUILDING
TILE FACTORY ROAD, MANIPAL
TQ. AND DIST. UDUPI-576234
...RESPONDENTS
(BY SRI.R.R. MANE, ADVOCATE FOR R3)
(R1-NOTICE DISPENSED WITH, R2-SERVED)
MFA FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 01.12.2020 PASSED
IN MVC NO.1025/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND
ADDL. MACT, RAMDURG, PARTLY ALLOWING THE CLAIM PETITION
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NC: 2024:KHC-D:6323
MFA No. 100221 of 2022
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 01.12.2020 passed in MVC
No.1025/2017 on the file of Senior Civil Judge & Addl. MACT,
Ramdurg (for short, 'Tribunal').
2. Heard Sri.Chadrashekhar.M.Hosamani learned
counsel for the appellant/claimant and Sri.R.R.Mane learned
counsel for the respondent No.3/Insurance Company.
3. Learned counsel appearing for the appellant
submits that the Tribunal has committed an error in assessing
the disability of the appellant/injured contrary to the evidence
available on record. He submits that the award of compensation
by the Tribunal on all the heads is required to be reassessed by
allowing the appeal.
4. Per contra, learned counsel appearing for the
respondent No.3/Insurance Company supports the impugned
judgment and award of the Tribunal and submits that the
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Tribunal has rightly assessed the disability of the
appellant/injured at 10% by taking note of the injuries suffered
by the appellant. PW2 has deposed the disability of the
appellant on the higher side, hence, he seeks to dismiss the
appeal. He further submits that the award of compensation by
the Tribunal on all other heads is just and proper does not call
for any modification.
5. I have heard the arguments of learned counsel for
the respective parties and perused the material available on
record.
6. It is not in dispute that on 21.06.2016, the
appellant was met with a road accident and sustained fracture
of left leg. In support of the claim, PW2-
Dr.Basavaraj.H.Dodamani entered the witness box and also
issued the Disability Certificate at Ex.P10 and is of the opinion
that the appellant has sustained disability to the extent of 40%.
This Court taking note of the injuries suffered by the appellant
and the evidence of PW2, is of the considered view that it
would be just and appropriate to assess the disability of the
appellant at 14% for the purpose of determination of
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compensation. In the absence of any documentary evidence to
prove the avocation and income, this Court would normally
assess the income notionally at Rs.8,750/- 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 appellant/injured as 35 years and
multiplier of 16. Thus, loss of future income due to disability is
recomputed as under:
Rs.8,750 (income) x 12(months) x 16(multiplier) x 14%
(disability) = Rs.2,35,200/-
7. This Court taking note of the oral testimony of PW2
and the other medical evidence on record and also keeping in
mind that the appellant was inpatient for a period of 16 days, is
of the considered view that the appellant would be entitled to
Rs.26,250/- under the head of loss of income during laid-up
period and the appellant is entitled to Rs.20,000/- under the
head of treatment, hospitalization, medicines, transportation,
nourishing food and miscellaneous expenditure. The appellant
is entitled to additional sum of Rs.10,000/- under the head of
pain, suffering and trauma as a consequence of the injuries and
the appellant is also entitled to Rs.30,000/- under the head of
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loss of amenities. The award of compensation on the head of
future medical expenses is just and reasonable, which is not
disturbed. The finding of the Tribunal with regard to pay and
recovery is unaltered. Thus, the appellant would be entitled to
modified compensation under the following heads:
Particulars Amount
(in Rs.)
Pain, sufferings and trauma as a 40,000/-
consequence of the injuries
Expenses relating to treatment, 20,000/-
hospitalization, medicines, transportation,
nourishing food and miscellaneous
expenditure.
Loss of future income due to disability 2,35,200/-
Loss of amenities 30,000/-
Loss of income during laid-up period 26,250/-
Future medical expenses 7,000/-
Total 3,58,450/-
Thus, the appellant would be entitled to total
compensation of Rs.3,58,450/- as against Rs.2,38,800/-
awarded by the Tribunal.
8. In the result, I proceed 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
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compensation of Rs.3,58,450/- as
against Rs.2,38,800/- 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/Insurance Company to
pay the entire compensation amount
along with interest to the
appellant/claimant within six weeks
from today and liberty is granted to it
to recover the same from the owner of
the offending vehicle.
e) On such deposit, the same shall be
released in favour of the
appellant/claimant.
f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
