Karnataka High Court
Mahantesh S/O Danappa Kundagol vs Shabbit Ahmed S/O Madarsab Doddamani on 15 April, 2024
-1-
NC: 2024:KHC-D:6366
MFA No. 101413 of 2022
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. 101413 OF 2022 (MV)
BETWEEN:
MAHANTESH S/O. DANAPPA KUNDAGOL,
AGE: 28 YEARS, OCC: AGRICULTURAL,
NOW NIL, R/O. JEKINAKATTI, TQ: SAVANUR,
DIST: HAVERI-581126.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SHABBIT AHMED S/O. MADARSAB DODDAMANI,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. MAKANGALLI, SHIGGAON, TQ: SHIGGON,
DIST: HAVERI-581205.
2. THE AUTHORISED SIGNATORY,
IFFCO-TOKIO, GENERAL INDIA CO. LTD,
127/A, BHAVANI ARCADE, 3RD FLOOR,
NEW OLD BUS STAND, OPP: BASAVA VANA,
Digitally NEW COTTON MARKET, HUBBALLI-580029.
signed by
JAGADISH T R
Location: ...RESPONDENTS
HIGH COURT
OF (BY SRI. M. Y. KATAGI, ADV. FOR R2;
KARNATAKA
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 18.11.2021 PASSED
IN MVC NO.1146/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
SHIGGOAN, 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:6366
MFA No. 101413 of 2022
JUDGMENT
This appeal is filed by the appellant/claimant seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 18.11.2021 passed in MVC
No.1146/2019 on the file of learned Senior Civil Judge and
Addl. MACT, Shiggoan (for short, 'Tribunal').
2. Learned counsel for the appellant submits that the
Tribunal has committed an error in assessing the income as well
as the disability of the appellant/claimant. He seeks to enhance
the compensation on all other heads by allowing the appeal.
3. Per contra, learned counsel for the respondent
No.2/Insurance Company supports the impugned judgment and
award of the Tribunal and submits that the assessment of the
disability by the Tribunal at 15% is on the higher side as the
appellant has sustained only one fracture. Hence, he submits
that the award of compensation by the Tribunal is just and
proper and does not call for any modification.
4. I have heard learned counsel for the appellant and
learned counsel for the respondent No.2/Insurance Company
and perused the material available on record.
NC: 2024:KHC-D:6366
5. The appellant met with road accident on 11.4.2019
and sustained fracture of tibia of right knee joint and other
injuries. This court, taking note of the evidence available on
record is of the considered view that the assessment of disability
by the Tribunal is just and proper and the same is unaltered.
6. The appellants income is notionally assessed at
Rs.13,250/- p.m. placing reliance on the chart prepared by
KSLSA. Keeping in mind the injury sustained by the
appellant/claimant and other medical evidence available on
record, this Court re-determines the compensation as under:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 9,500/-
Diet, food, nourishment 15,000/-
Loss of future earnings due to disability 4,05,450/-
(13,250 x 12 x 17 x 15 %)
Loss of amenities 30,000/-
Loss of income during laid-up period 39,750/-
(13,250 x 3)
Total 5,39,700/-
NC: 2024:KHC-D:6366
7. Thus, the claimant shall be entitled to total
compensation of Rs.5,39,700/- as against Rs.3,50,500/-
awarded by the learned Tribunal.
8. 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.5,39,700/- as against
Rs.3,50,500/- 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 appellant/claimant.
NC: 2024:KHC-D:6366
f) Draw modified award accordingly.
Sd/-
JUDGE
VB
Ct-an
