Karnataka High Court
Sri Imaran S/O Husensab Ramdurg vs Kamalappa S/O Mangalappa Goundi on 15 April, 2024
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MFA No. 103949 of 2023
C/W MFA No. 103951 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. 103949 OF 2023 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103951 OF 2023
IN MFA NO. 103949 OF 2023
BETWEEN:
SRI. IMARAM S/O. HUSENSAB RAMDURG,
AGE: 23 YEARS, OCC: CENTERING LABOUR AND
NEWS PAPER DISTRIBUTION WORK, NOW NIL,
R/O. LOKAPUR VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587313.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. KAMALAPPA S/O. MANGALAPPA GOUNDI,
AGE: 53 YEARS, OCC: OWNER OF THE CAR
NO. KA 37/N-3910, R/O. #119, AT PO. HULAGERA,
TQ: KUSTAGI, DIST: KOPPAL-583277.
Digitally signed 2. THE DIVISIONAL MANAGER,
by JAGADISH T R IFFCO-TOKIO GENERAL INSURNACE
Location: HIGH
COURT OF COMPANY LTD, HEAD CUSTOMER
KARNATAKA SERVICE CENTER, KSCMF BUILDING,
3RD FLOOR, 3RD BLOCK, 8TH CROSS,
CUNNINGHAM ROAD, BENGALURU-560052.
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCING THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
PASSED BEFORE THE MOTOR VEHICLE ACCIDENTS CLAIMS
TRIBUNAL XIV, MUDHOL, IN M.V.C NO.480/2020, DATED
17-10-2022, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
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MFA No. 103949 of 2023
C/W MFA No. 103951 of 2023
IN MFA NO. NO. 103951 OF 2023
BETWEEN:
SRI. LOKANNA @ LOKAYYA
S/O. RACHAYYA HALAGALI,
AGE: 33 YEARS, OCC: AGRICULTURE COOLIE,
NOW NIL, R/O. LOKAPUR VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587313.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. KAMALAPPA S/O. MANGALAPPA GOUNDI,
AGE: 53 YEARS, OCC: OWNER OF THE
CAR NO. KA 37/N-3910, R/O. 119,
AT PO. HULAGERA, TQ: KUSTAGI,
DIST: KOPPAL-583277.
2. THE DIVISIONAL MANAGER,
IFCO-TOKIO GENERAL INSURNACE
COMPANY LTD, HEAD CUSTOMER
SERVICE CENTER, KSCMF BUILDING,
3RD FLOOR, 3RD BLOCK,
8TH CROSS, CUNNINGHAM ROAD,
BENGALURU-560052.
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCING THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
PASSED BEFORE THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL
XIV, MUDHOL, IN M.V.C NO.481/2020, DATED 17-10-2022, AND
ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 103949 of 2023
C/W MFA No. 103951 of 2023
COMMON JUDGMENT
These appeals are filed by the injured/claimants seeking
for enhancement of compensation being aggrieved by the
common judgment and award dated 17.10.2022 in MVC
Nos.480/2020 and 481/2020 on the file of MACT-XIV, Mudhol
(hereinafter referred to as 'Tribunal' for brevity).
2. Heard Sri.G.R.Turamari, learned counsel appearing
for the appellants and Sri.M.Y.Katagi, learned counsel for
respondent No.2 in both the appeals.
3. Learned counsel for the appellants in both the
appeals submits that the Tribunal has committed an error in
assessing the income of the injured/claimants at Rs.11,000/-
per month which is contrary to the evidence available on
record. He seeks to reassess the same.
4. He further submits that the award of compensation
by the Tribunal under the heads of pain and suffering, loss of
amenities and incidental expenses are required to be
reassessed by allowing the appeals.
5. Per contra, Sri.M.Y.Katagi, learned counsel
appearing for respondent No.2 supports the impugned
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MFA No. 103949 of 2023
C/W MFA No. 103951 of 2023
judgment and award of the Tribunal and submits that the
appellants have not placed any evidence on record with regard
to the income and hence the Tribunal is justified in assessing
the income of the injured. He submits that the award of
compensation by the Tribunal on all other heads is just and
proper and does not call for any interference. He seeks to
dismiss the appeals.
6. I have heard the arguments of learned counsel for
the appellants and learned counsel for respondent No.2 and
meticulously perused the material available on record.
7. Both the appellants met with a road accident on
26.11.2020 and sustained fractural injuries and they have
taken treatment at hospital. In support of the claim petition,
the appellants examined themselves as PW.1 and PW.2 and
also examined Dr.Udaykumar as PW.3. The Tribunal
considering the evidence available on record has awarded
compensation of Rs.2,76,620/- in MVC No.480/2020 and
Rs.2,67,920/- in MVC No.481/2020 with interest at the rate of
9% per annum.
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MFA No. 103949 of 2023
C/W MFA No. 103951 of 2023
8. Admittedly, the appellants have not placed any
evidence with regard to the income. Hence, this Court
reassesses the income of the appellants at Rs.13,750/- placing
reliance on the chart prepared by the Karnataka State Legal
Services Authority. The Tribunal has rightly assessed the
disability at 8% which is unaltered. Accordingly, the appellants
are entitled for the following compensation:
In MVC No.480/2020:
1. Loss of future income
(Rs.13,750 x 12 x 18 x 8%) Rs.2,37,600/-
2. Pain and suffering Rs.40,000/-
3. Loss of amenities Rs.30,000/-
4. Food and nourishment, attendant
charges and conveyance Rs.15,000/-
5. Loss of income during
treatment period (Rs.13,750 x 3) Rs.41,250/-
6. Medical expenses Rs.10,540/-
Total Rs.3,74,390/-
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MFA No. 103949 of 2023
C/W MFA No. 103951 of 2023
In MVC No.481/2020:
1. Loss of future income
(Rs.13,750 x 12 x 16 x 8%) Rs.2,11,200/-
2. Pain and suffering Rs.40,000/-
3. Loss of amenities Rs.30,000/-
4. Food, nourishment, attendant
charges and conveyance Rs.15,000/-
5. Loss of income during
treatment period (Rs.13,750 x 3) Rs.41,250/-
6. Medical expenses Rs.22,960/-
Total Rs.3,60,410/-
9. Thus, the appellant in MVC No.480/2020 is entitled
to total compensation in a sum of Rs.3,74,390/- and appellant
in MVC No.481/2020 is entitled to total compensation in a sum
of Rs.3,60,410/-.
10. The compensation in both the appeals shall carry
interest at the rate of 6% per annum from the date of petition
till realisation.
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MFA No. 103949 of 2023
C/W MFA No. 103951 of 2023
11. In the result, this Court proceeds to pass the
following:
ORDER
(a) The appeals are allowed in part.
(b) The impugned judgment and award of the Tribunal
stands modified.
(c) The appellant in MVC No.480/2020 is entitled to
total compensation in a sum of Rs.3,74,390/- as
against Rs.2,76,620/- awarded by the Tribunal.
(d) The appellant in MVC No.481/2020 is entitled to
total compensation in a sum of Rs.3,60,410/- as
against Rs.2,67,920/- awarded by the Tribunal.
(e) The compensation in both the appeals shall carry
interest at the rate of 6% per annum from the date
of petition till realisation.
(f) The Insurance Company shall deposit the
compensation amount with accrued interest before
NC: 2024:KHC-D:6345
the Tribunal within six weeks from the date of
receipt of certified copy of this judgment.
(g) Draw modified award accordingly.
Sd/-
JUDGE
SH
Ct-an
