Karnataka High Court
Sri Santosh S/O Devendrappa Achalakar vs Sri Mahammad Sharif S/O Mahammad ... on 15 April, 2024
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MFA No.103874 of 2022 C/w
MFA No.103869/2022 MFA No.104170/2022
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. 103874 OF 2022 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103869 OF 2022
MISCELLANEOUS FIRST APPEAL NO. 104170 OF 2022
IN MFA NO. 103874 OF 2022
BETWEEN:
SRI. SANTOSH S/O. DEVENDRAPPA ACHALAKAR,
AGE: 34 YEARS, OCC: BUSINESS,
R/O. SIMPI GALLI, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
Digitally signed AND:
by JAGADISH T
R
Location: HIGH 1. SRI. MAHAMMAD SHARIF,
COURT OF S/O. MAHAMMAD JAFARSAB MAKANDAR,
KARNATAKA
AGE: 52 YEARS, OCC: BUSINESS,
R/O. S. M. KRISHNA NAGAR,
BEHIND POWER STATION, SAVANUR,
DIST: HAVERI-581118.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SHAMANUR BUILDING, C. J. HOSPITAL ROAD,
NEAR VIDYARTI BHAVAN, DAVANAGERE-577002.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
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MFA No.103874 of 2022 C/w
MFA No.103869/2022 MFA No.104170/2022
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C
NO.528/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL.
MACT, AT SHIGGAON SITTING AT: SAVANUR, DATED 08/10/2021,
BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO. 103869 OF 2022
BETWEEN:
SRI. MAHANTESH S/O. PARASHURAM KALAL,
AGE: 32 YEARS, OCC: BUSIENSS,
R/O. KUMBAR ONI, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SRI. MAHAMMAD SHARIF
S/O. MAHAMMAD JAFARSAB MAKANDAR,
AGE: 52 YEARS, OCC: BUSINESS,
R/O. S. M. KRISHNA NAGAR,
BEHIND POWER STATION, SAVANUR,
DIST: HAVERI-581118.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SHAMANUR BUILDING,
C. J. HOSPITAL ROAD,
NEAR VIDYARTI BHAVAN,
DAVANAGERE-577002.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C
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MFA No.103874 of 2022 C/w
MFA No.103869/2022 MFA No.104170/2022
NO.527/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL.
MACT, AT SHIGGAON SITTING AT: SAVANUR, DATED 08/10/2021,
BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.104170/2022
BETWEEN:
SRI. VINAYAK S/O. AMARJYOTI DESHAMANE,
AGE: 36 YEARS, OCC: DRIVER, NOW NIL,
R/O. DANDIN PET, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SRI. MAHAMMAD SHARIF
S/O. MAHAMMAD JAFARSAB MAKANDAR,
AGE: 52 YEARS, OCC: BUSINESS,
R/O. S. M. KRISHNA NAGAR,
BEHIND POWER STATION, SAVANUR,
DIST: HAVERI-581118.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD,
SHAMANUR BUILDING,
C. J. HOSPITAL ROAD,
NEAR VIDYARTI BHAVAN,
DAVANAGERE-577002.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C
NO.526/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL.
MACT, AT SHIGGAON SITTING AT: SAVANUR, DATED 08/10/2021,
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MFA No.103869/2022 MFA No.104170/2022
BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
COMMON JUDGMENT
MFA No.104170/2022 arising out of MVC.No.526/2018.
MFA No.103874/2022 arising out of MVC.No.528/2018 and
MFA No.103869/2022 arising out of MVC.No.527/2018.
2. All these appeals are arising out of the common
judgment and award dated 8.10.2021 passed in aforesaid
motor vehicle cases by the Senior Civil Judge and Addl.
MACT, Shiggaon Sitting at Savanur.
3. Sri.Harish S Maigur, learned counsel for the
appellants/claimants in all these appeals submits that the
Tribunal has committed grave error in assessing the income
and disability of the appellants/claimants. He submits that
the appellants are entitled for higher compensation on all
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other heads, hence, he seeks to allow the appeals filed by
the claimants.
4. Per contra, Smt.Preethi Shashank, learned
counsel for the respondent No.2/Insurance Company
supports the impugned judgment and award of the Tribunal
and submits that the appellants have not placed any
evidence with regard to the income and hence, the
assessment of the income by the Tribunal is just and proper
and does not call for any modification. She further submits
that the assessment of disability in all the appeals by the
Tribunal is on the higher side. Hence, no need to enhance
any compensation in these appeals. She submits that the
Tribunal erred in awarding compensation under the head of
loss of future prospectus of the appellants/claimants, which
they are not entitled. Hence, she seeks to dismiss all the
appeals.
5. I have heard the arguments of learned counsel
for the parties and perused the material available on record.
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6. The appellants in all these appeals have sustained
different injuries and their disabilities are assessed by the
doctor. Considering the evidence available on record, this
Court is of the considered view that the appellants are
entitled for higher compensation. Hence,
appellants/claimants income, disability and entitlement of
the compensation are re-assessed as follows:
7. IN MFA.No.104170/2022:
The appellant/claimant was aged about 32 years and
he was driver by avocation. The oral testimony of the
appellant clearly indicates that he owns TATA ACE vehicle
and he himself is a driver in the said vehicle and was
earning his livelihood. Taking notes of his avocation, this
Court re-assesses the income of the appellant at
Rs.12,000/- p.m. The appellant has sustained fracture of left
Acetabulum Bone with fracture of interior pubic rami with
fracture of left femoral head and compound displaced
fracture of the left mid-shaft of the radius and ulna bone
and hence, this court re-assesses the disability at 20% for
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the purpose of determination of the compensation. Thus,
the appellant is entitled to following compensation as under:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 35,700/-
Diet, food, nourishment, conveyance 15,000/-
charges
Loss of future earnings due to disability 4,60,800/-
(12,000 x 12 x 16 x 20 %)
Loss of amenities 30,000/-
Loss of income during laid-up period 36,000/-
(12,000x3)
Total 6,17,500/-
8. Thus, the claimant shall be entitled to total
compensation of Rs.6,17,500/- as against Rs.4,83,780/-
awarded by the Tribunal.
9. IN MFA.No.103869/2022:
The appellant/claimant was aged about 28 years and
he sustained fracture of right calvicle bone, dislocation of
right hip with fracture of posterior margin of the acetabulum
bone, communited fracture of the left mid shaft of the
humerous bone.
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Considering the aforesaid fractures and oral testimony
of doctor, this court re-assesses the disability at 26% to the
whole body. Taking notes of the avocation of the appellant,
this Court re-assesses the notional income of the appellant
at Rs.10,250/- p.m.
10. Hence, the appellant is entitle to following
compensation as under:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 45,000/-
Towards Medical expenses 3,20,000/-
Diet, food, nourishment, conveyance 15,000/-
charges
Loss of future earnings due to disability 5,43,660/-
(10,250 x 12 x 17 x 26 %)
Loss of amenities 30,000/-
Loss of income during laid-up period 30,750/-
(10,250x3)
Total 9,84,410/-
11. Thus, the claimant shall be entitled to total
compensation of Rs.9,84,410/- as against Rs.9,39,480/-
awarded by the Tribunal.
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12. IN MFA.No.103874/2022:
The appellant/claimant was aged about 31 years and
his income is notionally assessed at Rs.10,250/- p.m. and
taking note of the injury suffered by him i.e. fracture of left
and right clavicle bone, this Court re-assesses the disability
at 10 %. Hence, the appellant is entitled to the
compensation as under:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 1,650/-
Diet, food, nourishment, conveyance 15,000/-
charges
Loss of future earnings due to disability 1,96,800/-
(10,250 x 12 x 16 x 10 %)
Loss of amenities 30,000/-
Loss of income during laid-up period 30,750/-
(10250 X 3)
Total 3,14,200/-
13. Thus, the claimant shall be entitled to total
compensation of Rs.3,14,200/- as against Rs.1,66,610/-
awarded by the Tribunal.
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14. In the result, I proceed to pass the following:
ORDER
a) The appeals are allowed in part.
b) The impugned common judgment and
award of the Tribunal is modified to an
extent that the appellants/claimants would
be entitled to aforesaid enhanced
compensation along with interest at the
rate of 6% per annum from the date of
petitions till realization.
c) The respondent/Insurance Company shall
deposit the enhanced compensation amount
before the Tribunal within a period of six
weeks from the date of receipt of certified
copy of this Judgment.
d) The appellant/claimant in MFA.No.103874
of 2022 shall not be entitled to the interest
for the delayed period of 86 days as per the
order dated 17.11.2023.
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e) On such deposit, the said amount shall be
released in favour of the appellants/injured.
f) Draw modified award accordingly.
Sd/-
JUDGE
VB
Ct-an
