Karnataka High Court
Madhu @ Madhu Vardra S/O Mallikarjuna vs Balaih.P S/O Jashuva Madiga on 15 April, 2024
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NC: 2024:KHC-D:6356
MFA No. 101570 of 2019
C/W MFA No. 101572 of 2019
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. 101570 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101572 OF 2019
IN MFA NO. 101570/2019
BETWEEN:
RAGHAVENDRA S/O. DURAGAPPA,
AGED ABOUT 25 YEARS, OCC: MASON,
R/O.MUKKUMPI VILLAGE, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, ADV. FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATES)
Digitally
AND:
signed by
JAGADISH T
R 1. BALAIAH P. S/O. JASHUVA MADIGA,
Location:
HIGH COURT AGED ABOUT 40 YEARS,
OF OCC: DRIVER OF LORRY,
KARNATAKA
R/O.THUWAPADU VILALGE,
TQ: KONAKANAMITLA,
DIST: PRAKASHAM-523241,
ANDRA PRADESH STATE.
2. SMT. GADIYAM PADMAVATI W/O. SRINIVAS REDDY,
AGE: 40 YEARS, OCC: OWNER OF LORRY,
R/O.DOOR NO.19-07-117, REDDY STREET,
SANGADIGUNTA, DIST: GUNTUR,
ANDHRA PRADESH-522007.
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NC: 2024:KHC-D:6356
MFA No. 101570 of 2019
C/W MFA No. 101572 of 2019
3. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY
LIMITED, DIVISIONAL OFFICE,
R/O.POST BOX NO.4,
FIRST FLOOR, ARYA EDIGA HOSTEL COMPLEX,
DOUBLE ROAD, BALLARI,
DIST: BALLARI-583101.
...RESPONDENTS
(BY SRI. S. V. YAJI, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 08.02.2019 PASSED
IN MVC NO.92/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 101572/2019
BETWEEN:
MADHU @ MADHU VARDRA
S/O. MALLIKARJUNA,
AGED ABOUT 29 YEARS, OCC: MASON,
R/O. JABBALAGUDDA, TQ & DIST: KOPPAL,
NOW RESIDING AT: VADDAR ONI,
GANGAVATHI. DIST: KOPPAL-582114.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, ADV. FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATES)
AND:
1. BALAIH P. S/O. JASHUVA MADIGA,
AGED ABOUT 40 YEARS,
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NC: 2024:KHC-D:6356
MFA No. 101570 of 2019
C/W MFA No. 101572 of 2019
OCC: DRIVER OF LORRY
R/O. THUWAPADU VILLAGE,
TQ: KONAKANAMITLA,
DIST: PRAKASHAM-523241,
STATE: ANDRA PRADESH.
2. SMT. GADIYAM PADMAVATI
W/O. SRINIVAS REDDY,
AGE: 40 YEARS, OCC: OWNER OF LORRY,
R/O. DOOR NO. 19/07/117,
REDDY STREET, SANGADIGUNTA,
DIST: GUNTUR,
ANDHRA PRADESH-522007.
3. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE
COMPANY LIMITED,
DIVISIONAL OFFICE,
R/O. POST BOX NO.4, FIRST FLOOR,
ARYA EDIGA HOSTEL COMPLEX,
DOUBLE ROAD BALLARI,
DIST: BALLARI-583101.
...RESPONDENTS
(BY SRI. S. V. YAJI, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 08.02.2019 PASSED
IN MVC NO.86/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101570 of 2019
C/W MFA No. 101572 of 2019
JUDGMENT
Though these appeals are listed for admission, with
the consent of the learned counsel for the parties, both the
appeals are taken up for final disposal.
2. These appeals are filed by the injured/claimants
seeking enhancement of compensation, being aggrieved
by the common judgment and award dated 08.02.2019
passed in MVC.Nos.86 and 92 of 2017 by the Senior Civil
Judge and MACT., Gangavathi (for short, 'Tribunal').
3. Heard Smt. Soubhagya Vakkund, learned
counsel appearing for the appellants/claimants and
Sri.S.V.Yaji, learned counsel appearing for the respondent
No.3/Insurance Company.
4. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has
committed grave error in assessing the income of the
appellants at Rs.6,000/- per month. She submits that
though the disability of the appellants is assessed by the
Doctor to the extent of 32% to 34%, the Tribunal has
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incorrectly assessed the disability at 5%, hence, she seeks
to reassess the same. She further submits that the
appellants are entitled to higher compensation on all the
other heads also. Thus, she seeks to allow the appeal.
5. Per contra, learned counsel appearing for
respondent No.3/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the assessment of disability by the Doctor is
on a higher side and he has not assigned any reason
whatsoever to coming to such a conclusion and in fact, he
is not a treated Doctor. He submits that the award of
compensation by the Tribunal is just and proper which
does not call for any modification. Thus, he seeks to
dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the appellants/claimants and
learned counsel appearing for respondent No.3/Insurance
Company. Meticulously perused the material available on
record.
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7. The material available on record indicates that
both the appellants/claimants met with a road accident on
23.02.2017 and sustained different fractures. On
re-appreciation of oral testimony of PW2 and PW4 and also
on perusal of the medical evidence available on record and
keeping in mind that the appellants have sustained
fracture of right femur. This Court considering the injuries
sustained by the appellants and taking note of the
disability assessed by the Doctor, is of the view that it
would be just and appropriate to assess the disability of
the appellants at 10% for the purpose of determination of
compensation.
8. This Court reassesses the income of the
appellants notionally at Rs.10,250/- per month placing
reliance on the notional income chart prepared by the
Karnataka State Legal Services Authority. There is no
dispute with regard to application of multiplier in both the
cases.
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9. Accordingly, in MFA.No.101570/2019
(MVC.No.92/2017), the appellant is entitled to modified
compensation on the head of loss of future income due to
disability as under:
Rs.10,250 x 12 x 18 x 10% = Rs.2,21,400/-
10. 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' and Rs.15,000/- under the
head of 'food, nourishment, special diet, conveyance and
attendant charges'. The appellant is entitled to
Rs.30,750/- (i.e.Rs.10,250 X 3 months) under the head
of 'loss of income during laid-up-period'.
11. Insofar as the award of compensation under the
head of medical reimbursement is concerned, the same is
unaltered. Thus, the appellant is entitled to modified
compensation on the following heads:
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HEADS AMOUNT
(in Rs.)
Loss of future income due to disability 2,21,400/-
Towards pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 30,750/-
Food, nourishment, special diet, conveyance 15,000/-
and attendant charges
Medical expenses 24,100/-
Total 3,61,250/-
Thus, the claimant in MFA.No.101570/2019
(MVC.No.92/2017) shall be entitled to total compensation
of Rs.3,61,250/- as against Rs.1,30,900/- awarded by
the Tribunal.
12. In MFA.No.101572/2019 (MVC.No.86/2017),
the appellant is entitled to modified compensation on the
head of loss of future income due to disability as under:
Rs.10,250 x 12 x 17 x 10% = Rs.2,09,100/-
13. 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' and Rs.15,000/- under the
head of 'food, nourishment, special diet, conveyance and
attendant charges'. The appellant is entitled to
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Rs.30,750/- (i.e.Rs.10,250 X 3 months) under the head
of 'loss of income during laid-up-period'.
14. Insofar as the award of compensation under the
head of medical reimbursement is concerned, the same is
unaltered. Thus, the appellant is entitled to modified
compensation on the following heads:
HEADS AMOUNT
(in Rs.)
Loss of future income due to disability 2,09,100/-
Towards pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 30,750/-
Food, nourishment, special diet, conveyance 15,000/-
and attendant charges
Medical expenses 19,900/-
Total 3,44,750/-
15. Thus, the claimant in MFA.No.101572/2019
(MVC.No.86/2017) shall be entitled to total compensation
of Rs.3,44,750/- as against Rs.1,23,100/- awarded by
the Tribunal.
16. This Court reassesses the compensation in the
aforesaid claim petitions, after re-appreciation of the
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entire evidence available on record and after considering
the rival contentions urged by the parties. In view of the
same, the appeals filed by the claimants are allowed in
part. The appellants/claimants are entitled to interest in all
the appeals at the rate of 6% per annum from the date of
petition till the realization.
17. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) Both the appeals filed by the claimants are
allowed in part.
b) The impugned judgment and award of the
Tribunal is modified holding that the appellant
in MFA.No.101570/2019 (MVC.No.92/2017)
shall be entitled to total compensation of
Rs.3,61,250/- as against Rs.1,30,900/-
awarded by the Tribunal and the appellant in
MFA.No.101572/2019 (MVC.No.86/2017) shall
be entitled to total compensation of
Rs.3,44,750/- as against Rs.1,23,100/-
awarded by the Tribunal.
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c) The enhanced compensation amount, in both
the appeals, shall carry interest at the rate of
6% per annum from the date of petitions till
date of realization.
d) The respondent No.3/Insurance Company, in
both the appeals, shall deposit the enhanced
compensation amount with accrued interest
before the Tribunal within a period of six weeks
from the date of receipt of certified copy of the
judgment.
e) On such deposit, the same shall be released in
favour of the appellants/claimants.
f) Apportionment, deposit and disbursement shall
be made as per the award of the Tribunal.
g) Registry to transmit the records, if any, to the
Tribunal forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
