Karnataka High Court
Saleem S/O Dastagirsab vs Umaraparuk S/O Mehaboobsab Bagawan on 15 April, 2024
-1-
NC: 2024:KHC-D:6355
MFA No. 101374 of 2020
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. 101374 OF 2020 (MV-I)
BETWEEN:
SALEEM S/O. DASTAGIRSAB
SANAGAR @ CHINCHALI @ SIKKALGAR,
AGE: 48 YEARS, OCC: AGRICULATURE,
R/O. TERDAL-586315, TQ: JAMKHANDI,
NOW TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOT.
...APPELLANT
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
1. UMARAPARUK S/O. MEHABOOBSAB BAGAWAN,
AGE: 24 YEARS, OCC: BUSINESS,
R/O. ATHANI-591304, TQ: ATHANI,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
EPAKO-TOKIYO GENERAL INSURANCE CO. LTD,
Digitally
signed by SUDEV PLAZA, 3RD FLOOR, NEAR LAXMI TEMPLE,
JAGADISH T R
Location: DAJIBANPETH, HUBBALLI.
HIGH COURT
OF ...RESPONDENTS
KARNATAKA
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 31.05.2019
PASSED IN MVC NO.46/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND MEMBER,
MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, BANHATTI, 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:
-2-
NC: 2024:KHC-D:6355
MFA No. 101374 of 2020
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 claimant/injured
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 31.05.2019 passed in
MVC.No.46/2017 by the Senior Civil Judge & JMFC &
Member MACT.No.XIII, Banahatti (for short, 'Tribunal').
3. Heard Sri.Prashant S.Kadadevar, learned
counsel appearing for the appellant/claimant and
Sri.M.Y.Katagi, learned counsel appearing for respondent
No.2/Insurance Company.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in assessing the income as well as
the disability of the appellant. He submits that the
appellant is entitled to a higher compensation on all the
other heads. Thus, he seeks to allow the appeal.
NC: 2024:KHC-D:6355
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellant has not placed any evidence
with regard to his income, hence, the Tribunal is justified
in assessing the income of the appellant at Rs.8,000/- per
month. He further submits that, taking note of the
fractural injuries suffered by the appellant, the Tribunal
has rightly assessed the disability of the appellant at 16%
which does not call for any modification. He submits that
the award of compensation by the Tribunal on all the other
heads are also just and proper and does not call for
interference. Thus, he seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the parties. Perused the material
available on record.
7. It is not in dispute that the appellant/claimant
met with a road accident dated 25.05.2016 and sustained
fractural injuries and provided treatment in the hospital.
NC: 2024:KHC-D:6355
Taking note of the injuries suffered by the appellant and
considering the oral testimony of PW2, this Court is of the
considered view that the Tribunal has rightly assessed the
disability of the appellant at 16% which is just and proper
and does not call for any modification.
8. This Court reassesses the income of the
appellant 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 multiplier as '14'. Thus, loss of
future income due to disability is recomputed as under:
Rs.8,750/- (income) x 12(months) x 14 (multiplier) x 16%
(disability) = Rs.2,35,200/-
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' and Rs.15,000/- under the
head of 'food, nourishment, special diet, conveyance and
attendant charges'.
NC: 2024:KHC-D:6355
10. The award of compensation under the head of
medical expenses is concerned, the same is unaltered.
11. The appellant is entitled to Rs.26,250/-
(i.e.Rs.8,750 X 3 months) under the head of 'loss of
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 2,35,200/-
Towards pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 26,250/-
Food, nourishment, special diet, 15,000/-
conveyance and attendant charges
Medical expenses 1,99,200/-
Total 5,45,650/-
Thus, the claimant shall be entitled to total
compensation of Rs.5,45,650/- as against Rs.4,43,240/-
awarded by the learned Tribunal.
12. In the result, this Court proceeds to pass the
following:
NC: 2024:KHC-D:6355
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.5,45,650/- as against
Rs.4,43,240/- 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 Insurance Company 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 this judgment.
e) On such deposit, the same shall be released
in favour of the claimant/injured.
f) Registry to transmit records, if any, to the
Tribunal forthwith.
g) Needless to say that the claimants shall not
be entitled to any interest on the enhanced
compensation for the delayed period.
NC: 2024:KHC-D:6355
Registry to take note of the same while
drawing award.
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
