Karnataka High Court
Sri.Shivaraj S/O Malleshappa ... vs Nava Barath Fertilizers Ltd on 18 April, 2024
-1-
NC: 2024:KHC-D:6467
MFA No. 100576 of 2019
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. 100576 OF 2019 (MV-I)
BETWEEN:
SRI.SHIVARAJ S/O MALLESHAPPA SUTTAKOTI
AGE: 27 YEARS, OCC: PRIVATE CO. EMPLOYEE,
NOW NIL, R/O: BURADIKATTI VILLAGE,
TQ: HIREKERUR, DIST: HAVERI-581111.
...APPELLANT
(BY SRI. G S HULMANI, ADVOCATE)
AND:
1. NAVA BARATH FERTILIZERS LTD.,
O/O RUKMINESH KRUPA, PLOT NO.2,
KERESUR BUILDING, VIDYANAGAR, HUBBALLI,
TQ: DHARWAD-580031.
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 2ND FLOOR,
ARIHANT PLAZA, KUSUGAL ROAD,
Digitally signed HUBBALLI-580023.
by JAGADISH T
R
Location: HIGH 3. THE BRANCH MANAGER
COURT OF
KARNATAKA NATIONAL INSURANCE CO. LTD.,
BESIDE VIJAYA BANK, NEAR SANGAM CIRCLE,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI-581115.
...RESPONDENTS
(BY SRI.M.Y. KATAGI, ADVOCATE FOR R2)
(NOTICE TO R1 AND R3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT,
1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
3.9.2018 PASSED IN MVC NO.1071/2017 ON THE FILE OF THE III
ADDL. SENIOR CIVIL JUDGE AND MEMBER, AMACT, RANEBENNUR
AND ENHANCE THE COMPENSATION AS PRAYED FOR.
-2-
NC: 2024:KHC-D:6467
MFA No. 100576 of 2019
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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 claimant/injured seeking
enhancement of compensation being aggrieved by the
judgment and award dated 03.09.2018 passed in MVC
No.1071/2017 on the file of III Addl. Senior Civil Judge and
Member, Addl. MACT, Ranebennur (for short, 'Tribunal').
3. I have heard the learned counsel Sri.G.S.Hulmani
for the appellant/injured and learned counsel Sri.M.Y.Katagi 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:6467
5. Per contra, learned counsel for respondent/Insurer
supports the impugned judgment and award of the Tribunal
and 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 23.10.2016, the
appellant/injured met with road accident and sustained fracture
of L5 Vertebra, fracture of left condylar tibia and fracture of left
humerus. PW2-Dr.Umanath Ullal deposed before the Tribunal
that the appellant has sustained disability to an extent of 45%.
Considering the oral testimony of PW2 and taking note of
injuries suffered by the appellant referred supra, this Court re-
assesses the disability of the appellant at 15% to the whole
body for the purpose of determining the compensation. Insofar
as income of the appellant, this Court re-assesses same at
Rs.8,750/- 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:
NC: 2024:KHC-D:6467
Rs.8,750 x 12 x 17 x 15% = Rs.2,67,750/-
8. Taking note of the injuries suffered by the
appellant referred supra and oral testimony of PW2-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. 16,000/-
Loss of income during laid-up period Rs. 26,250/-
Loss of future income due to disability Rs.2,67,750/
Medical expenses Rs. 25,000/-
-----------------
Total Rs.4,05,000/-
-----------------
9. Thus, the appellant is entitled to total compensation
of Rs.4,05,000/- as against Rs.2,64,451/- 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
appellant is entitled to total compensation of
Rs.4,05,000/- as against Rs.2,64,451/-
awarded by the Tribunal.
NC: 2024:KHC-D:6467
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
JTR
