Karnataka High Court
Smt. Rekha Alias Renuka W/O Ramesh ... vs Shri. Shatuppa S/O Vithoba Patil on 16 April, 2024
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NC: 2024:KHC-D:6439
MFA No. 102563 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102563 OF 2022 (MV-I)
BETWEEN:
SMT. REKHA @ RENUKA W/O. RAMESH GIJAVANEKAR,
AGE: 52 YEARS, OCC: HOUSEHOLD AND COOLIE,
NOW NIL, R/O. H.NO.84, GANAPATHI GALLI,
ZAAD SHAHAPUR, POST: DESUR,
TQ: BELAGAVI, DIST: BELAGAVI.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
1. SHRI. SHATUPPA S/O. VITHOBA PATIL,
AGE: 49 YEARS, OCC: BUSINESS,
R/O. AT POST. BARGAON, TQ: KHANAPUR,
DIST: BELAGAVI, PIN-591103.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD,
SHIKSHAK BHAVAN, COLLAGE ROAD,
Digitally signed
by JAGADISH T OPP. HOTEL SANMAN, BELAGAVI-590001,
R R/BY. ITS BRANCH MANAGER.
Location: HIGH
COURT OF
KARNATAKA ...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 ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED BY II ADDL.
SESSION JUDGE AND MEMBER OF ADDL. MACT, BELAGAVI IN MVC
NO.196/2018 DATED 16-10-2020, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6439
MFA No. 102563 of 2022
JUDGMENT
Though this appeal is listed for orders, with the consent
of learned counsel for the parties, it is taken up for final
disposal.
2. This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 16.10.2020 passed in
MVC.No.196/2018 by the II Addl. District & Sessions Judge,
and Member of Addl. MACT, Belagavi, (for short, 'Tribunal').
3. Heard Sri.Hanamant R.Latur, learned counsel for
the appellant-injured and Sri.M.Y.Katagi, learned counsel for
the respondent No.2-insurance company.
4. Learned counsel for the appellant submits that the
Tribunal has committed grave error in assessing the income as
well as the disability of the injured. He further submits that
award of compensation by the Tribunal under the other heads
are also requires to be enhanced appropriately by allowing the
appeal.
NC: 2024:KHC-D:6439
5. Per contra, learned counsel for the respondent-
insurance company supports the impugned judgment and
award passed by the Tribunal and seeks to dismiss the appeal.
6. I have heard the learned counsel for the parties and
perused the material available on record.
7. The appellant met with a road accident on
12.12.2017 and sustained fractures of 1)Head and face CLW
(+) 2 x 1 c.m., nasal bridge multiple abrasions (+) over face
and swelling (+) CLW(+) left emporal region. CT brain c facial
cuts - No significant abnormality detected; 2) Left shoulder -
Abrasion (+) x-ray left shoulder - NAD; 3) Pelvic injury - CT
Pelvis - Multiple fractures of pelvic bones seen. Taking note of
the aforesaid fractures and keeping in mind the oral testimony
of PW-2 and other medical evidence available on record, this
Court re-assesses the disability at 14% for the purpose of
determining compensation. Similarly, this Court re-assesses the
notional income of the appellant at Rs.10,250/- placing reliance
on the notional income chart prepared by the KSLSA. The
appellant was aged about 49 years as on the date of accident,
hence, the appropriate multiplier would be 13, which has been
NC: 2024:KHC-D:6439
rightly considered by the Tribunal. Hence, the appellant is
entitled to compensation under the head of loss of future
income due to disability as under:
Rs.10,250 X 12 X 13 X 14% = Rs.2,23,860/-.
8. Keeping in mind the injuries suffered by the
appellant and treatment provided to her, this Court re-assess
the compensation under the head of loss of happiness and
future amenities to Rs.30,000/- as against Rs.10,000/-
awarded by the Tribunal. The appellant is entitled to
compensation under the head of loss of income during laid up
period of Rs.30,750/- (Rs.10,250 X 3) as against Rs.7,000/-
awarded by the Tribunal. However, the compensation awarded
by the Tribunal under the heads of pain & suffering, medical
expenses and incidental expenses are unaltered. Thus, the
appellant would be entitled to modified compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 50,000
Loss of income during laid-up period 30,750
Loss of future income due to disability 2,23,860
Loss of happiness and future amenities 30,000
Medical expenses 1,36,000
Incidental expenses 22,000
Total 4,92,610
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Thus, the appellant-claimant shall be entitled to total
compensation of Rs.4,92,610/- as against Rs.3,46,120/-
awarded by the Tribunal.
9. 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
appellant-claimant would be entitled to total
compensation of Rs.4,92,610/- as against
Rs.3,46,120/- 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.
NC: 2024:KHC-D:6439
e) On such deposit, the Tribunal shall release the
enhanced compensation amount in favour of
the appellant, on proper identification.
f) Registry to send the records to the Tribunal
forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
BSR
Ct-an
