Karnataka High Court
Smt.Gangawwa W/O Rayappa Tholinavar vs Imtiyaz on 18 April, 2024
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NC: 2024:KHC-D:6492
MFA No. 101613 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101613 OF 2016 (MV-I)
BETWEEN:
SMT. GANGAWWA W/O. RAYAPPA THOLINAVAR,
AGE: 37 YEARS, OCC: TAILORING/AGRICULTURE,
R/O: HANAMAPUR, TAL: GOKAK, DIST: BELAGVI.
...APPELLANT
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)
AND:
1. IMTIYAZ S/O. HASSAN LANDUR,
AGE: MAJOR, OCC: BUSINESS,
R/O: BEERESHWAR NAGAR, SANKESWAR,
TAL: HUKKERI, DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
DIVISIONAL OFFICE, MARUTI GALLI,
Digitally signed BELAGAVI-590002.
by JAGADISH T
R
Location: HIGH
COURT OF ...RESPONDENTS
KARNATAKA
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT & AWARD DATED: 28.01.2016, PASSED IN
MVC.NO.529/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, BELAGAVI SITTING AT GOKAK,
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:
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NC: 2024:KHC-D:6492
MFA No. 101613 of 2016
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 28.01.2016 passed in MVC
No.529/2014 on the file of XII Addl. District and Sessions Judge
and Addl. MACT, Belagavi sitting at Gokak (for short,
'Tribunal').
3. Heard the arguments of learned counsel
Sri.Bahubali N Kanabargi, appearing for appellant/injured and
learned counsel Smt.Preeti Shashank, appearing for respondent
No.2.
4. Learned counsel for the appellant submits that the
Tribunal committed grave error in assessing disability as well as
awarding meager compensation under the heads of pain and
sufferings, loss of amenities and on conventional heads. The
appellant was inpatient for two months and undergone four
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major surgeries and sustained four fractures. Hence, he seeks
to re-assess the same by allowing the appeal.
5. Per contra, learned counsel Smt.Preeti Shashank,
appearing for the respondent No.2 supports the impugned
judgment and submits that the Tribunal taking note of the
evidence of PW9 and other medical evidence available on
record awarded just and proper compensation, which does not
call for interference. Hence, she seeks dismissal of the appeal.
6. Heard the arguments of learned counsel for the
appellant/injured and learned counsel for the respondent No.2
and perused the material available on record.
7. The appellant met with a road accident on
09.02.2014 and sustained fracture of sub-tronchentor of right
femur, tibia of left leg, fracture of left shaft femur with inplants
upper 1/3 fibula of left and other injuries all over the body. In
support of his claim, he also examined Dr.Ramesh B Patagundi.
The Doctor deposed that the total disability suffered by the
appellant is 95%. The Tribunal taking note of the injuries
suffered by the appellant has assessed the disability at 30%.
This Court after re-appreciation of deposition of Doctor and
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taking note of the nature of injuries suffered by the appellant
referred supra, it would be just and proper to assess 32%
disability for the purpose of entitlement of compensation. This
Court re-assesses the income of the appellant at Rs.7,500/- per
month placing reliance on the notional income chart prepared
by the KSLSA. There is no dispute with regard to age of the
appellant as 35 years and proper multiplier would be 16. Thus,
loss of future income due to disability is recomputed as under:
7,500 x 12 x 16 x 32%= Rs.4,60,800/-
8. This Court taking note of the injuries suffered by
the appellant and he was inpatient for a period of two months
and also keeping in mind that the he has undergone four
fractures. This Court is of the considered view that the
appellant would be entitled to an additional sum of
Rs.20,000/- under the head of pain and sufferings. The
claimant would be entitled to an additional sum of
Rs.15,000/- under the head of food, attendance and
conveyance charges. Under the head of loss of income during
the laid-up period, the claimant would be entitled to
Rs.30,000/-(7,500x4) and the appellant is entitled to
Rs.30,000/- under the head of loss of amenities. This Court
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taking note of the oral testimony of Doctor, that the appellant
is need of continuous physiotherapy, screws and nails have
been implanted in the body and the fracture is malunited. It
would be just and appropriate to award Rs.20,000/- under the
head of future medical expenses. Insofar as award of
compensation by the Tribunal on other heads is unaltered.
Thus, in all, the claimant shall be entitled to modified
compensation on the following heads:
Pain and suffering Rs. 70,000/-
Loss of amenities Rs. 30,000/-
Towards food, attendance and
conveyance charges Rs. 27,000/-
Loss of income during laid-up period Rs. 30,000/-
Loss of future income due to disability Rs.4,60,800/-
Medical expenses Rs.4,02,000/-
Future medical expenses Rs. 20,000/-
-----------------
Total Rs.10,39,800/-
-----------------
9. Thus, the appellant is entitled to total compensation
of Rs.10,39,800/- as against Rs.7,73,000/- awarded by the
Tribunal.
10. In the result, I proceed 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
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appellant is entitled to total compensation of
Rs.10,39,800/- as against Rs.7,73,000/-
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.
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
RKM
Ct-an
