Karnataka High Court
Anilkumar vs M. Raghunath on 15 April, 2024
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NC: 2024:KHC-D:6377
MFA No. 100073 of 2023
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. 100073 OF 2023 (MV-I)
BETWEEN:
ANILKUMAR S/O. HUCHCHRAYAPPA,
AGE: 26 YEARS, OCC: STUDENT,
R/O. ADAGANTI VILLAGE, TQ: SHIKARIPUR,
NOW RESIDING AT KURUBAGERE, RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. M. RAGHUNATH S/O. MURUGESHAPPA,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. RAGHAVENDRA BHAVAN, 2ND CROSS,
SHIKARIPUR, TQ: SHIKARIPUR- 577201,
DIST: SHIVAMOGGA.
2. THE DIVISIONAL MANAGER,
UNITED INSURANCE CO. LTD,
Digitally signed ENKAY COMPLEX, KESHWAPUR,
by JAGADISH T HUBBALLI-580023.
R
Location: HIGH ...RESPONDENTS
COURT OF (BY SRI. S. S. KOLIWAD, ADV. FOR R2;
KARNATAKA
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1)
OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT,
RANEBENNUR, DATED 17-09-2018 IN MVC NO.1268/2014 IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6377
MFA No. 100073 of 2023
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 17.09.2018 passed in MVC
No.1268/2014 on the file of Principal Senior Civil Judge and
Member, Addl. MACT, Ranebennur (for short, 'Tribunal').
3. I have heard the learned counsel
Sri.Chandrashekhar M Hosamani for the appellant/injured and
learned counsel Sri. S.S.Koliwad for the respondent/Insurance
Company.
4. Learned counsel for the appellant submits that the
Tribunal committed an error in assessing the income and
disability of the appellant and awarded meager compensation
under the heads of pain and suffering, loss of amenities and
loss of income during laid-up period. Hence, he seeks to
enhance the compensation on all heads taking note of the
injuries suffered by the appellant by allowing the appeal.
NC: 2024:KHC-D:6377
5. Per contra, learned counsel for respondent/Insurer
submits that the appellant has not placed any evidence before
the Tribunal with regard to his income. Hence, assessment of
income and disability of the appellant/injured by the Tribunal
are just and proper and do not call for interference. He
submits that the Tribunal considering the evidence available on
record and having taken note of injuries suffered by the
appellant, awarded just and proper compensation, which does
not call for interference. Hence, he seeks dismissal of the
appeal.
6. I have heard the learned counsel for the parties and
perused the material available on record.
7. It is not in dispute that on 22.04.2014, the
appellant/injured met with road accident and sustained frontal
extra dural haematoma. PW4-doctor deposed before the
Tribunal that the appellant has sustained disability to an extent
of 50%. Considering the oral testimony of PW4 and nature of
injuries suffered by the appellant, this Court re-assesses the
disability of the appellant at 17% to the whole body for the
purpose of determining the compensation. Insofar as income of
NC: 2024:KHC-D:6377
the appellant, this Court re-assesses same at Rs.7,500/- per
month placing reliance on notional income chart prepared by
the KSLSA, in the absence of evidence with regard to income.
Thus, the appellant is entitled to modified compensation on the
head of loss of future income due to disability as under:
Rs.7,500 x 12 x 18 x 17% = Rs.2,75,400/-
8. Taking note of the injuries suffered by the
appellant referred supra and oral testimony of PW4-doctor,
I am of the considered view that the appellant would be
entitled to modified compensation on the following heads:
Pain and suffering Rs. 40,000/-
Loss of amenities Rs. 30,000/-
Food, nourishment & attendant charges Rs. 15,000/-
Loss of income during laid-up period Rs. 22,500/-
Loss of future income due to disability Rs.2,75,400/
Medical expenses Rs. 83,715/-
-----------------
Total Rs.4,66,615/-
-----------------
9. Thus, the appellant is entitled to total compensation
of Rs.4,66,615/- as against Rs.3,06,215/- awarded by the
Tribunal.
10. In the result, I proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
NC: 2024:KHC-D:6377
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant is entitled to total compensation of
Rs.4,66,615/- as against Rs.3,06,215/-
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 realization,
excluding the delayed period of 770 days in
filing the appeal, as per order dated
13.01.2023 passed by this Court.
d) The respondent/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.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
