Karnataka High Court
Sri. Shivappa S/O Mallappa Balehosur vs Sri. Yallappa S/O Shivappa Amathi on 10 April, 2024
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NC: 2024:KHC-D:6312
MFA No. 101972 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. 101972 OF 2022 (MV-I)
BETWEEN:
SRI. SHIVAPPA S/O MALLAPPA BALEHOSUR
AG. 62 YEARS, OCC. AGRICULTURE WORK,
R/O. MOGOD VILLAGE, TQ. RANEBENNUR,
DIST. HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M HOSAMANI, ADVOCATE)
AND:
1. SRI. YALLAPPA S/O SHIVAPPA AMATHI
AG. 44 YEARS, OCC. BUSINESS WORK,
R/O. MAGOLD VILLAGE, TQ. RANEBENNUR,
DIST. HAVERI 581115.
(OWNER OF THE VHICLE MOTOR CYCLE BEARING
REG.NO.KA-27/EB-6485)
2. THE LEGAL CLAIMS MANAGER
IFFCO TOKIO GENERAL INSURANCE CO.LTD.,
Digitally signed SUDEV PLAZA, 3RD FLOOR,
by JAGADISH T
R OPP. LAXMI TEMPLE, DAJIBANPETH,
Location: HIGH HUBBALLI 580010.
COURT OF
KARNATAKA (INSURER OF THE VEHICLE MOTOR CYCLE BEARING
REG.NO.KA-27/EB-6485)
...RESPONDENTS
(BY SRI.M.Y.KATAGAI, ADVOCATE FOR R2)
(NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 27.11.2020
PASSED IN MVC NO.661/2019 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:6312
MFA No. 101972 of 2022
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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 filed by the injured/claimants seeking
enhancement of compensation being aggrieved by judgment
and award dated 27.11.2020 passed in MVC No.661/2019 by
the III Addl. Senior Civil Judge and AMACT, Ranebennur (for
short, 'Tribunal').
3. Heard the learned counsel Sri.Chandrashekhar M
Hosamani for the appellant/claimant and learned counsel Sri.
M.Y. Katagi, for respondent No.2.
4. Learned counsel for the appellant seeks
enhancement of compensation by re-assessing the disability
and to enhance the compensation under the heads of pain and
suffering, loss of amenities and loss of income during the
laid-up period.
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5. Per contra, learned counsel Sri.M.Y Katagi for the
respondent No.2 supports the impugned judgment and award
of the Tribunal. Hence, he seeks to dismiss the appeal.
6. I have heard the arguments of learned counsel for
the appellant and respondents and perused the material
available on record.
7. The appellant has sustained fractures of right hip
joint and displaced fracture of left hip by considering the oral
testimony of PW2. Admittedly, the appellant has not placed any
evidence with regard to his income. This Court re-assesses the
notional 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 the age of the
appellant as 63 years and proper multiplier would be 7 and
disability of the appellant at 20%. Thus, loss of future income
due to disability is recomputed as under:
11,750 x 12 x 7 x 20% =1,97,400/-
8. 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 claimant would be entitled to
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Rs.35,250/-(11750x3) under the head of loss of income
during laid-up period and other heads are unaltered. Thus, in
all, the claimant shall be entitled to modified compensation
under following heads:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 90,920/-
Loss of income during laid-up period 35,250/-
Towards attendant charges 6,000/-
Towards Conveyance charges 5,000/-
Towards Food, diet and nourishment 5,000/-
charges.
Loss of amenities and enjoyment of life 30,000/-
Loss of future earning capacity on account 1,97,400/-
of permanent physical disability
Total 4,09,570/-
9. Thus, the claimant shall be entitled to total
compensation of Rs.4,09,570/- as against Rs.3,08,100/-
awarded by the learned Tribunal.
10. 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
NC: 2024:KHC-D:6312
of Rs.4,09,570/- as against Rs.3,08,100/-
awarded by the Tribunal.
c) The enhanced compensation of Rs.1,01,470/-
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
