Karnataka High Court
The Branch Manager, National Insurance vs Shri. M. Thirupathi Reddy S/O. M ... on 15 April, 2024
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NC: 2024:KHC-D:6358
MFA No. 100982 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100982 OF 2017 (MV-I)
BETWEEN:
THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
PARVATHI NAGAR ROAD,
BALLARI TALUK AND DISTRICT,
NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER,
REGIONAL OFFICE, II FLOOR, ARIHANT PLAZA,
KESHWAPUR, KUSUGAL ROAD, HUBBALLI-580029.
...APPELLANT
(BY SRI. RAJESH B. RAJANAL, ADVOCATE)
AND:
1. SHRI. M. THIRUPATHI REDDY S/O. M. NAGIREDDY,
AGE: 52 YEARS, OCCUPATION: AGRICULTURIST,
HINDU, R/O. ASHOK NAGAR CAMP, MOKA ROAD,
BALLARI TALUK AND DISTRICT-571123.
2. MR. SHARMAS VALI SAB P. S/O. RAMZAN SAB,
Digitally signed
AGE: 35 YEARS, MUSLIM,
by JAGADISH T
R
RIDER CUM OWNER OF THE HERO PLEASURE
Location: HIGH MOTORCYCLE BEARING REG.NO.KA-34/EA-9589,
COURT OF
KARNATAKA R/O. HOUSE NO. 21, MOKA POST,
BALLARI TALUK AND DISTRICT-571123.
...RESPONDENTS
(BY SMT. SOUBHAGYA S. VAKKUND, ADV. FOR
SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R1;
SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 01.12.2016
PASSED IN MVC NO.707/2015 OF THE FILE MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING
COMPENSATION OF Rs.5,05,420/- WITH INTEREST AT 7% P.A. FROM
THE DATE OF PETITION TILL ITS REALISATION.
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NC: 2024:KHC-D:6358
MFA No. 100982 of 2017
THIS APPEAL, COMING ON FOR ADMISSION, 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 Insurance Company
challenging the quantum of compensation, being
aggrieved by the judgment and award dated 01.12.2016
passed in MVC.No.707/2015 by the Motor Accidents Claim
Tribunal-II, Ballari (for short, 'Tribunal').
3. Heard Sri.Rajesh B.Rajanal, learned counsel
appearing for the appellant/Insurance Company, Smt.
Soubhaghya Vakkund, learned counsel appearing for
respondent No.1/claimant and Sri.Mallikarjunaswamy
B.Hiremath, learned counsel appearing for respondent
No.2/owner.
4. Learned counsel appearing for the
appellant/Insurance Company submits that the Tribunal
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has committed grave error in assessing the disability of
the claimant/injured at 28% which is on higher side, as
the claimant/injured has sustained only one fracture,
hence, he seeks to reassess the same. It is submitted that
the Tribunal has further erred in awarding a sum of
Rs.1,00,000/- under the head of future prospects of the
claimant which is contrary to the evidence available on
record. He submits that the rate of interest at 7% awarded
by the Tribunal is also on the higher side and is required to
be interfered. Thus, he seeks to allow the appeal.
5. Per contra, learned counsel appearing for the
respondent No.1/claimant supports the impugned
judgment and award of the Tribunal and submits that PW2
has deposed before the Tribunal that the respondent
No.1/claimant has suffered disability at 28% to the whole
body. Taking note of the injuries suffered by the claimant,
the Tribunal has justified in assessing the disability at 28%
which does not call for any modification. She submits that
the award of compensation on all the other heads is also
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just and proper and does not required any interference in
this appeal. Thus, she seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for parties. Perused the material
available on record.
7. It is not in dispute that the claimant/injured
met with a road accident dated 14.12.2014 and sustained
severe comminuted sub trochanteric fracture of left femur.
Taking note of the aforesaid fractural injury and oral
testimony of PW2, this Court is of the considered view that
the Tribunal has committed an error in accepting the
disability at 28% as assessed by PW2. Taking note of the
fact that the claimant has sustained only one fracture
referred supra and also considering the evidence available
on record, this Court is of the considered view that, it
would be just and appropriate to reassess the disability at
20%.
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8. This Court while reassessing the compensation,
notionally assesses the income of the claimant/injured at
Rs.7,500/- 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
multiplier as '13'. Thus, loss of future income due to
disability is recomputed as under:
Rs.7,500/- (income) x 12(months) x 13 (multiplier) x 20%
(disability) = Rs.2,34,000/-
9. The appellant is also entitled to Rs.40,000/-
under the head of 'pain and suffering', Rs.30,000/- under
the head of 'loss of amenities', Rs.15,000/- under the
head of 'food, nourishment, special diet, conveyance and
attendant charges', Rs.74,339/- under the head of
'medical expenses' and Rs.10,000/- under the head of
'future medical expenses'.
10. The appellant is entitled to Rs.22,500/-
(i.e.Rs.7,500 X 3 months) under the head of 'loss of
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income during laid-up-period'. Thus, in all, the claimant
shall be entitled to modified compensation under the
following heads:
HEADS AMOUNT
(in Rs.)
Loss of future income due to disability 2,34,000/-
Towards pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 22,500/-
Food, nourishment, special diet, conveyance 15,000/-
and attendant charges
Medical expenses 74,339/-
Future medical expenses 10,000/-
Total 4,25,839/-
Thus, the claimant shall be entitled to total
compensation of Rs.4,25,839/- as against Rs.5,05,420/-
awarded by the learned Tribunal.
11. 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
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compensation of Rs.4,25,839/- as against
Rs.5,05,420/- awarded by the Tribunal.
c) The 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
compensation amount with accrued interest
before the Tribunal within a period of six
weeks from the date of receipt of certified
copy of this judgment.
e) On such deposit, the same shall be released
in favour of the claimant/injured.
f) Registry to transmit the amount in deposit
along with the records, if any, to the Tribunal
forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
