Karnataka High Court
Shri. Prabhakar S/O. Kempanna Sanadi vs Shri. Appasaheb S/O. Shivagouda Desai on 18 April, 2024
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NC: 2024:KHC-D:6495
MFA No. 100581 of 2022
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. 100581 OF 2022 (MV-I)
BETWEEN:
SHRI. PRABHAKAR S/O. KEMPANNA SANADI,
AGE: 29 YEARS, OCC: DRIVER AND
AGRICULTURE, NOW NIL,
R/O. ALAND-591254, TALUKA: HUKKERI,
DISTRICT: BELAGAVI.
...APPELLANT
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
AND:
1. SHRI. APPASAHEB S/O. SHIVAGOUDA DESAI,
AGE: 49 YEARS, OCC: BUSINESS
AND AGRICULTURE, R/O. NAGANUR-591233,
TALUK: HUKKERI, DIST: BELAGAVI.
2. THE UNITED INDIA INSURANCE CO. LTD,
REPRESENTED BY ITS DIVISONAL MANAGER,
DIVISION OFFICE, MAIN ROAD,
Digitally signed OPP. TO S.T.STAND, GADHINGLAJ-416502,
by JAGADISH T
R TALUKA: GADHINGLAJ, DISTRICT: KOLHAPUR,
Location: HIGH MAHARASHTRA STATE.
COURT OF ...RESPONDENTS
KARNATAKA
(BY SRI. M. K. SOUDAGAR, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 05.09.2019 IN MVC
NO.670/2017 PASSED BY THE X ADDITIONAL DISTRICT JUDGE AND
MEMBER OF ADDITIONAL MACT, BELAGAVI AND ENHANCE THE
COMPENSATION FROM RS. 2,49,210/- TO RS.12,00,000/- TO THE
APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6495
MFA No. 100581 of 2022
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 injured/claimant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 05.09.2019 passed in
MVC.No.670/2017 by the X Addl. District and Member of
Addl. MACT., Belagavi (for short, 'Tribunal').
3. Heard Smt.Sunanda P.Patil, learned counsel
appearing for the appellant/claimant and
Sri.M.K.Soudagar, learned counsel appearing for the
respondent No.2/Insurance Company.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in assessing the income of the
appellant as well as awarded meager compensation under
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the heads of 'pain and suffering', 'loss of amenities', 'loss
of income during laid-up-period' and on other conventional
heads, hence, she seeks to reassess the same taking note
of Ex.P6-Wound Certificate and Ex.P20-CT Scan report of
the injured. Thus, she seeks to allow the appeal.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellant has not placed any evidence
with regard to his income, hence, the assessment of
income by the Tribunal is just and proper and does not call
for any modification. He further submits that the disability
assessed by the Tribunal at 8% is in consonance to the
injuries suffered by the appellant, which does not call for
any modification. He submits that the award of
compensation by the Tribunal on all the other heads is also
just and proper and does not require interference. Thus,
he seeks to dismiss the appeal.
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6. I have heard the arguments of the learned
counsel appearing for the parties. Perused the material
available on record.
7. It is not in dispute that the claimant/injured
met with a road accident dated 19.08.2015 and sustained
various fractures referred in Wound Certificate at Ex.P6.
The appellant in order to establish his disability, has
produced Disability Certificate at Ex.P11 and considering
the oral evidence as well as the documentary evidence
available on record, the Tribunal has rightly assessed the
disability at 8%, which is unaltered.
8. This Court while reassessing the compensation,
notionally assesses the income of the claimant/injured at
Rs.8,000/- 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
multiplier as '18'. Thus, loss of future income due to
disability is recomputed as under:
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Rs.8,000/- (income) x 12(months) x 18 (multiplier) x 8%
(disability) = Rs.1,38,240/-
9. This Court on re-appreciation of the entire
evidence on record, is of the considered view that the
Disability Certificate at Ex.P11 does not contain certain
injuries sustained by the appellant which are found in the
Wound Certificate. Hence, taking note of the same, this
Court deems it appropriate to award an additional sum of
Rs.15,000/- under the head of 'pain and suffering',
additional sum of Rs.20,000/- under the head of 'loss of
amenities' and additional sum of Rs.10,000/- under the
head of 'incidental expenses'.
10. The appellant is entitled to Rs.32,000/-
(i.e.Rs.8,000 X 4 months) under the head of 'loss of
income during laid-up-period'.
11. Insofar as the award of compensation under the
head of medical expenses is concerned, the same is
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unaltered. Thus, in all, the claimant shall be entitled to
modified compensation under the following heads:
HEADS AMOUNT
(in Rs.)
Loss of future income due to disability 1,38,240/-
Towards pain and suffering 55,000/-
Loss of amenities 40,000/-
Loss of income during laid-up-period 32,000/-
Incidental expenses 15,000/-
Medical expenses 35,250/-
Total 3,15,490/-
Thus, the claimant shall be entitled to total
compensation of Rs.3,15,490/- as against Rs.2,49,210/-
awarded by the learned Tribunal.
12. 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
claimant would be entitled to total
compensation of Rs.3,15,490/- as against
Rs.2,49,210/- awarded by the Tribunal.
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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.
e) On such deposit, the same shall be released
in favour of the claimant/injured.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
