Karnataka High Court
Narasappa vs Anand S. Katamballi And Ors on 18 April, 2024
-1-
NC: 2024:KHC-K:3062
MFA No. 202313 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.202313 OF 2018 (MV-I)
BETWEEN:
NARASAPPA @ THADIBIDI NARASAPPA
S/O THADIBIDI MALLAPPA @ MALLAPPA,
AGE: 31 YEARS,
OCC: SHEPAHERD & BUSINESS,
R/O PEDDA PARLA MANDALAM, UTKOOR,
TQ: MAKTHAL, DIST: MEHABOOB NAGAR,
NOW R/O YERAMARUS,
TQ: & DIST: RAICHUR-585 401.
...APPELLANT
(BY SRI BABU H. METAGUDDA, ADVOCATE)
AND:
1. ANAND S. KATAMBALLI
S/O SHARANAPPA,
Digitally
signed by AGE: MAJOR,
SACHIN
Location: OCC: DRIVER OF LORRY NO.KA-48/4641,
HIGH COURT
OF R/O NANDAWADGI, TQ: HUNGUND,
KARNATAKA
DIST: BAGALKOT-585 401.
2. BHIMANAGOUDA V. PATIL
S/O VITHALGOUDA,
AGE: MAJOR,
OCC: ONWER OF LORRY NO.KA-48/4641
R/O ARALIKATTI, TQ: MUDHOL,
DIST: BAGALKOT-585 401.
3. THE MANAGER,
SHRIRAM GENERAL INSRUANCE CO. LTD.,
S-3, 3RD FLOOR, MONARCH CHAMBER,
-2-
NC: 2024:KHC-K:3062
MFA No. 202313 of 2018
INFANTRY ROAD, SHIVAJI NAGAR,
BANGALORE-500 082.
...RESPONDENTS
(SRI SUDARSHAN M., ADVOCATE FOR R3;
V/O DTD. 09.07.2019, NOTICE TO R1 & R2 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VECICLES ACT, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 16.07.2018
PASSED IN MVC NO.398/2016 BY THE II ADDL. DISTRICT AND
SESSIONS JUDGE AND MACT AT RAICHUR AND ENHANCE THE
COMPENSATION FROM RS.4,28,100/- WITH 8% INTEREST TO
RS.14,99,000/- WITH 12% INTEREST.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Babu H. Metagudda, learned counsel for
the appellant as well as Sri Sudarshan M., learned counsel
appearing for respondent No.3.
2. Seeking enhancement of compensation, the
present appeal is preferred by the claimant in MVC
No.398/2016, which stood pending before the Motor
Accident Claims Tribunal, Raichur. The Tribunal through
the award dated 16.07.2018, granted a sum of
Rs.4,28,100/- as compensation as against the claim for
Rs.24,50,000/-.
NC: 2024:KHC-K:3062
3. Making his submission with regard to the merits
of the matter, Sri Babu H. Metagudda, learned counsel for
the appellant on this day submits that the appellant as a
shepherd was earning Rs.20,000/- per month. But, the
Tribunal took the notional income of the appellant as
Rs.6,000/- per month, which is unjustifiable.
4. Admittedly, no substantive proof is produced
with regard to the occupation and earnings of the
appellant as on the date of the accident. However,
considering the fact that the Karnataka State Legal
Services Authority is taking the notional income of the
claimants in respect of the accidents that occurred in the
year 2015 as Rs.8,000/- per month, this Court considers
desirable to take the notional income of the appellant as
Rs.8,000/- per month.
5. Though the learned counsel for the appellant
stated that the disability taken as 14% in respect of whole
body is unjustifiable, however, this Court is not inclined to
disturb the finding that is given by the Tribunal that the
NC: 2024:KHC-K:3062
PW.2 who assessed the disability is not a Neurologist.
PW.2 further admitted in his cross-examination that as per
CT scan report, the brain, the survical spin, the chest and
the pelvis are normal. Therefore, the disability is to be
taken as 14% in respect of the whole body, as assessed
by the Tribunal. Thus, without disturbing the other
parameters i.e., multiplier to be applicable as '17',
however, adding 40% towards future prospects, the loss
of earnings due to disability, if calculated, comes to
Rs.3,19,872/- (Rs.8,000 + 40% x 12 x 17 x 14%).
6. Having taken the notional income as Rs.8,000/-
per month and considering the fact that the appellant
sustained grievous injury in his occipital region and took
treatment as inpatient for about 11 days, this Court is of
the view that the appellant would not have attended his
normal pursuits at least for a period of three months.
Therefore, the loss of income during laid up period comes
to Rs.24,000/-.
NC: 2024:KHC-K:3062
7. The compensation awarded by the Tribunal
under all other heads is justifiable.
8. Thus, the compensation, which the appellant is
entitled to under different heads would be as under:
Sl. Heads Amount Amount
No. awarded by awarded by
the Tribunal this Court
1. Pain and Suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,49,745/- Rs.1,49,745/-
3. Food, Nourishment Rs.25,000/- Rs.25,000/-
and conveyance
4. Attendant charges Rs.10,000/- Rs.10,000/-
5. Loss of income Rs.12,000/- Rs.24,000/-
during laid up
period
6. Loss of future Rs.1,71,360/- Rs.3,19,872/-
earnings
7. Loss of amenities Rs.20,000/- Rs.20,000/-
Total Rs.4,28,105/- Rs.5,88,617/-
Rounded off to Rs.4,28,100/-
9. In the light of the foregoing discussion, the
following:
NC: 2024:KHC-K:3062
ORDER
i. The appeal is allowed in part.
ii. The amount awarded as compensation by the
Motor Accident Claims Tribunal, Raichur through
orders in MVC No.398/2016 dated 16.07.2018
is enhanced from Rs.4,28,100/- to
Rs.5,88,617/-.
iii. The enhanced amount shall carry interest at the
rate of 6% p.a. from the date of petition till the
date of deposit.
iv. The third respondent is directed to deposit the
enhanced amount with interest within a period
of eight weeks from the date of receipt of copy
of this order.
v. On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
JUDGE
LG
