Karnataka High Court
Shri Havalappa S/O Gurushiddappa ... vs The Depot Manager on 18 April, 2024
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NC: 2024:KHC-D:6493
MFA No. 100751 of 2021
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
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. 100751 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100755 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 102032 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 102038 OF 2021
IN MFA NO. 100751 OF 2021
BETWEEN:
THE DEPOT MANAGER,
NWKRTC, BAILHONGAL DEPOT,
BAILHONGAL, REPRESENTED BY
CHIEF LAW OFFICER, NWKRTC,
CENTRAL OFFICE, HUBBALLI.
...APPELLANT
(BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
Digitally signed
by JAGADISH T R
Location: HIGH
COURT OF SMT. NAGAVVA W/O. YALLAPPA HARIJAN
KARNATAKA
@ KAMBAVVAGOL,
AGE: 48 YEARS, OCC: AGRICULTURE, COOLIE,
R/O. HUNASIKATTI, TQ: BAILHONGAL,
DIST: BELAGAVI-581104.
...RESPONDENT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY
THE COURT OF SENIOR CIVIL JUDGE AND AMACT, BAILHONGAL, AT:
BAILHONGAL IN MVC NO.841/2018 DATED 09.02.2021 IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:6493
MFA No. 100751 of 2021
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
IN MFA NO. 100755 OF 2021
BETWEEN:
THE DEPOT MANAGER,
NWKRTC, BAILHONGAL DEPOT,
BAILHONGAL, REPRESENTED BY
CHIEF LAW OFFICER, NWKRTC,
CENTRAL OFFICE, HUBBALLI.
...APPELLANT
(BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
SRI. HAVALAPPA
S/O. GURUSHIDDAPPA HALANNAVAR,
AGE: 48 YEARS, OCC: PRIVATE SERVICE,
R/O. UDAKERI, TQ: BAILHONGAL,
DIST: BELAGAVI-581104.
...RESPONDENT
(BY SRI.HANAMANT R. LATUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY
THE COURT OF SENIOR CIVIL JUDGE AND AMACT, BAILHONGAL, AT:
BAILHONGAL IN MVC NO.840/2018 DATED 09.02.2021 IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 102032 OF 2021
BETWEEN:
SHRI. HAVALAPPA
S/O. GURUSHIDDAPPA HALANNAVAR,
AGE: 48 YEARS, OCC: PRIVATE SERVICE,
NOW NIL, R/O. UDAKERI,
TQ: BAILHONGAL, DIST: BELAGAVI-591102.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
THE DEPOT MANAGER,
NWKRTC/KSTRC, BAILHONGAL DEPOT,
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NC: 2024:KHC-D:6493
MFA No. 100751 of 2021
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
AT: BAIHONGAL, TQ: BAILHONGAL,
DIST: BELAGAVI.
...RESPONDENT
(BY SRI. M. C. HUKKERI, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND
AMACT, BAILHONGAL, IN MVC NO.840/2018 DATED 09-02-2021, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 102038 OF 2021
BETWEEN:
SHRI. NAGAVVA W/O. YALLAPPA HARIJAN,
@ KAMBAVVAGOL, AGE: 48 YEARS,
OCC: AGRICULTURE & COOLIE, NOW NIL,
R/O. HUNSHIKATTI, TQ: BAILHONGAL,
DIST: BELAGAVI, PIN-591102.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
THE DEPOT MANAGER,
NWKRTC/KSRTC, BAILHOGAL DEPOT,
AT. BAILHONGAL, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
...RESPONDENT
(BY SRI. M. C. HUKKERI, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND
AMACT, BAILHONGAL, IN MVC NO.841/2018 DATED 09-02-2021, IN
THE INTEREST OF JUSTICE AND EQUITY.
THSES APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6493
MFA No. 100751 of 2021
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
JUDGMENT
These appeals are arising out of the common
judgment and award dated 09.02.2021 passed in MVC
Nos.840, 841 of 2018 and connected matters on the file of
Senior Civil Judge and Addl. MACT, Bailhongal (for short,
'Tribunal').
2. MFA No.102032/2021 is filed by the claimant
and MFA.No.100755/2021 is filed by Corporation arising
out of MVC.No.840/2018.
3. MFA No.102038/2021 is filed by the claimant
and MFA.No.100751/2021 is filed by Corporation arising
out of MVC.No.841/2018.
4. Heard Sri.Hanamant R.Latur, learned counsel
appearing for the claimants and Sri.M.C.Hukkeri, learned
counsel appearing for the respondent/Corporation.
5. Sri.Hanamant R Latur, learned counsel
appearing for the claimants submits that the Tribunal has
committed grave error in assessing the income and
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C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
disability of the injured/claimants in both the appeals and
seeks to reassess the same. He further submits that the
compensation awarded by the Tribunal on all the other
heads is also on the lower side and seeks to enhance the
same by allowing the appeals filed by the claimants.
6. Per contra, Sri.M.C.Hukkeri, learned counsel
appearing for the Corporation submits that the Tribunal
has committed an error in awarding exorbitant
compensation in favour of the claimants without
considering the evidence available on record in its proper
perspective. He further submits that disability assessed by
the Tribunal is on the higher side and contrary to the
injuries sustained by the claimants. He submits that the
Tribunal has erred in awarding interest at the rate of 9%
per annum in both the appeals and hence, seeks to allow
the appeals filed by the Corporation.
7. I have heard the arguments of the learned
counsel appearing for the parties and perused the
material available on record.
NC: 2024:KHC-D:6493
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
8. It is not in dispute that in a road traffic accident
dated 30.04.2018, the claimants have sustained injuries
and fractures and they have taken treatment at different
hospitals.
9. In MFA.No.102032/2021 (MVC.No.840/2018),
appellant/claimant has sustained fracture of Glenoid of
right shoulder, fracture neck of Fibula of right knee.
Taking note of the aforesaid injuries, the Tribunal has
rightly assessed the disability at 15%, which is unaltered.
However, insofar as the income of the appellant is
concerned, this Court reassesses the same at Rs.11,750/-
per month placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority.
There is no dispute with regard to the application of
multiplier. Thus, the appellant is entitled to modified
compensation on the head of loss of future income due to
disability as under:
Rs.11,750 x 12 x 14 x 15% = Rs.2,96,100/-
NC: 2024:KHC-D:6493
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
10. Keeping in mind the injuries sustained by the
appellant/claimant and other medical evidence available
on record, this Court re-determines the compensation
under the following heads:
HEADS AMOUNT
Towards pain and suffering 60,000/-
Towards Medical expenses 18,414/-
Diet, food, nourishment 15,000/-
Loss of future earnings due to 2,96,100/-
disability
Loss of amenities 40,000/-
Loss of income during laid-up period 35,250/-
(i.e.Rs.11,750 x 3 months)
Total 4,64,764/-
11. Thus, the appellant/claimant in
MFA.No.102032/2021 (MVC.No.840/2018) shall be
entitled to total compensation of Rs.4,64,764/- as
against Rs.3,53,914/- awarded by the Tribunal.
12. In MFA.No.102038/2021 (MVC.No.841/2018),
the appellant/claimant has sustained deformity of right
upper limb, fracture of right patella and fracture of right
NC: 2024:KHC-D:6493
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
humerus mid shaft with redial nerve palsy. Taking note of
the aforesaid injuries, the Tribunal has rightly assessed
the disability at 20%, which is unaltered, However,
insofar as the income of the appellant is concerned, this
Court reassesses the same at Rs.11,750/- per month
placing reliance on the notional income chart prepared by
the Karnataka State Legal Services Authority. There is no
dispute with regard to the application of multiplier. Thus,
the appellant is entitled to modified compensation on the
head of loss of future income due to disability as under:
Rs.11,750 x 12 x 14 x 20% = Rs.3,94,800/-
13. Keeping in mind the injuries sustained by the
appellant/claimant and other medical evidence available
on record, this Court re-determines the compensation
under the following heads:
NC: 2024:KHC-D:6493
C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
HEADS AMOUNT
Towards pain and suffering 50,000/-
Towards Medical expenses 1,68,290/-
Towards future medical expenses 30,000/-
Diet, food, nourishment 15,000/-
Loss of future earnings due to 3,94,800/-
disability
Loss of amenities 30,000/-
Loss of income during laid-up period 35,250/-
(i.e.Rs.11,750 x 3 months)
Total 7,23,340/-
14. Thus, the appellant/claimant in
MFA.No.102038/2021 (MVC.No.841/2018) shall be
entitled to total compensation of Rs.7,23,340/- as
against Rs.4,45,500/- awarded by the Tribunal.
15. This Court reassesses the compensation in the
aforesaid claim petitions after re-appreciation of the
entire evidence available on record and after considering
the rival contentions urged by the parties. In view of the
same, all the appeals are allowed in part. The claimants
are entitled to interest on entire compensation amounts
at the rate of 6% per annum from the date of petition till
the realization.
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C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
16. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) All the appeals are allowed in part.
b) The impugned judgment and award of the
Tribunal is modified holding that the
appellant/claimant in MFA.No.102032/2021
(MVC.No.840/2018) shall be entitled to total
compensation of Rs.4,64,764/- as against
Rs.3,53,914/- awarded by the
Tribunal and the appellant/claimant in
MFA.No.102038/2021 (MVC.No.841/2018)
shall be entitled to total compensation of
Rs.7,23,340/- as against Rs.4,45,500/-
awarded by the Tribunal.
c) The total compensation amount, in all the
appeals, shall carry interest at the rate of
6% per annum from the date of petitions till
the date of realization.
d) The Corporation, in all the above appeals,
shall deposit the enhanced compensation
amount with accrued interest before the
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C/W MFA No. 100755 of 2021, MFA No.
102032 of 2021, MFA No. 102038 of 2021
Tribunal within a period of six weeks from
the date of receipt of certified copy of the
judgment.
e) On such deposit, the same shall be released
in favour of the claimants.
f) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
g) Registry to transmit the amount in deposit
as well as the records, if any, to the Tribunal
forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
