Karnataka High Court
Sadashiv S/O Allappa Matagar vs Tippanna S/O Fakirappa Dhavaleshwar on 10 April, 2024
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NC: 2024:KHC-D:6313
MFA No. 101168 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. 101168 OF 2022 (MV-I)
BETWEEN:
SADASHIV S/O ALLAPPA MATAGAR
AGE. 48 YEARS, OCC. AGRICULTURE COOLIE (NOW NILL)
R/O. SHANTI NAGAR, MUDHOL
TQ. MUDHOL, DIST. BAGALKOT-587313
...APPELLANT
(BY SRI. G R TURAMARI, ADVOCATE)
AND:
1. TIPPANNA S/O FAKIRAPPA DHAVALESHWAR
AGE. 53 YEARS, OCC. OWNER OF TRACTOR (ENGINE)
R/O. SHIROL VILLAGE, MUDHOL
TQ. MUDHOL, DIST. BAGALKOT-587313
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LTD.,
SANGAM BUILDING,SIDDESAWAR FRONT ROAD,
VIJAYAPUR, TQ AND DIST. VIJAYAPUR-580010
Digitally signed ...RESPONDENTS
by JAGADISH T R
Location: HIGH (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2)
COURT OF (R1-NOTICE DISPENSED WITH)
KARNATAKA
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED
12.06.2020 PASSED IN MVC NO.118/2019 ON THE FILE OF THE
MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6313
MFA No. 101168 of 2022
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
2. This appeal is by the injured/claimants seeking
enhancement of compensation being aggrieved by judgment
and award dated 12.06.2020 passed in MVC No.118/2019 by
the Motor Vehicle Accident Claims Tribunal XIV, Mudhol (for
short, 'Tribunal').
3. Heard the learned counsel Sri.G.R.Turamari for the
appellant/claimant and learned counsel Smt.Preeti Shashank,
for respondent No.2.
4. Learned counsel for the appellant seeks to reassess
the income of the injured notionally and seeks to enhance the
compensation under the heads of pain and sufferings, loss of
amenities, loss of income during treatment period and
attendant charges. Thus, he prays to allow the appeal.
5. Per contra, Smt.Preeti Shashank, learned counsel
for the respondent/Insurance Company supports the impugned
judgment and award of the Tribunal and seeks dismissal of the
appeal.
NC: 2024:KHC-D:6313
6. It is not in dispute that the appellant met with
accident on 27.11.2018 and sustained grievous injuries.
Admittedly, appellant has not placed any evidence with regard
to the income. This Court re-assesses the income of the
appellant at Rs.11,750/- per month placing reliance on the
notional income chart prepared by the KSLSA. There is no
dispute with regard to age of the appellant as 40 years, proper
multiplier would be 15 and disability of the appellant is
assessed at 15%. Thus, loss of future income due to disability
is recomputed as under:
11,750 x 12 x 15 x 15%= Rs.3,17,250/-
7. The appellant would be entitled to Rs.40,000/-
under the head of pain and sufferings and Rs.30,000/- under
the head of loss of amenities. The Tribunal has awarded a sum
of Rs.1,800/- under the head of attendant charges, food,
nourishment and conveyance charges which is to be reassessed
at Rs.15,000/-. Under the head of loss of income during the
period of treatment and rest, the claimant would be entitled to
Rs.35,250/-(11750x3). The Tribunal has awarded
Rs.1,36,475/- towards medical expenses as per medical bills,
NC: 2024:KHC-D:6313
which is unaltered. Thus, in all, the claimant shall be entitled to
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 1,36,475/-
Loss of income during the period of 35,250/-
treatment and rest
Towards attendant charges, food, 15,000/-
nourishment and conveyance charges
Loss of amenities 30,000/-
Loss of future income 3,17,250/-
Total 5,73,975/-
modified compensation under the following heads:
8. Thus, the claimant shall be entitled to total
compensation of Rs.5,73,975/- as against Rs.4,38,273/-
awarded by the learned Tribunal.
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.5,73,975/- as against Rs.4,38,273/-
awarded by the Tribunal.
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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 Insurance Company shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of six
weeks from today.
e) On such deposit, the same shall be released in
favour of the appellant/claimant.
f) Registry to transmit the records forthwith to the
Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
RKM
