Karnataka High Court
National Insurance Co.Ltd vs Sharif @ Sharifgouda S/O Fakrusab Patil on 22 April, 2024
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101137 OF 2014 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102969 OF 2014
MFA CROSS OBJ NO. 100110 OF 2014
IN MFA NO. 101137 OF 2014
BETWEEN:
NATIONAL INSURANCE CO.LTD,
BRANCH OFFICE, APMC YARD,
SAUNDATTI-591126,
THROUGH ITS DIVISIONAL OFFICE,
THE DIVISIONAL MANAGER,
RAMDEV GALLI, BELGAUM,
REPRESENTED THROUGH ITS
REGIONAL OFFICE, ARIHANT PLAZA,
KUSUGAL ROAD, HUBLI,
R/BY. ITS DEPUTY MANAGER.
...APPELLANT
Digitally signed
by ROHAN (BY SMT. PREETI SHASHANK, ADVOCATE)
HADIMANI T
Location: HIGH AND:
COURT OF
KARNATAKA
1. SHARIF @ SHARIFGOUDA S/O. FAKRUSAB PATIL,
AGED 26 YEARS, OCC: BUSINESS & AGRICULTURE,
NOW NIL, A/P: GONAGNUR, TAL: RAMDURG,
DIST: BELGAUM, NOW AT CHANDU GALLI,
BELGAUM, RANEBENNUR.
2. HABBUGOUDA S/O. DADAGOUDA PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O. GONAGNUR, POST: ARTAGAL,
TQ: RAMDURG, DIST: BELGAUM.
...RESPONDENTS
(BY SMT. SHAILA BELLIKATTI, ADV. FOR R1;
SMT. BHARATI S. HANAGONDI, ADV. FOR R2)
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST
JUDGMENT AND AWARD DTD: 23.01.2014, PASSED IN
MVC.NO.2363/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND ADDL. MACT, BELGAUM, AWARDING THE
COMPENSATION OF RS.1,80,680/- WITH THE INTEREST AT THE
RATE OF 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.
IN MFA NO. 102969 OF 2014
BETWEEN:
1. MODINSAB S/O. HUSAINSAB KERIPALLI
@ KAUJALAGI, AGE: 55 YEARS, OCC: NIL,
R/O. HALOLLI, TAL: RAMDURG, DIST: BELGAUM.
2. FAKIRAWWA W/O. MODINSAB KERIPALLI
@ KAUJALAGI, AGE: 52 YEARS,
OCC: HOUSEHOLD WORK,
R/O. HALOLLI, TAL: RAMDURG,
DIST: BELGAUM.
3. SMT. AMEENA W/O. REHAMNSAB
KERIPALLI @ KAUJALAGI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O. HALOLLI, TAL: RAMDURG, DIST: BELGAUM.
4. SMT. BEBIJAN @ BEBI
W/O. REHAMNSAB KERIPALLI @ KAUJALAGI,
AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
R/O. HALOLLI, TAL: RAMDURG, DIST: BELGAUM.
5. KUM. IMTIYAZ S/O. REHAMNSAB
KERIPALLI @ KAUJALAGI,
AGE: 11 YEARS, OCC: STUDENT,
R/O. HALOLLI, TAL: RAMDURG, DIST: BELGAUM.
6. KUM. RUBINA D/O. REHAMNSAB
KERIPALLI @ KAUJALAGI,
AGE: 10 YEARS, OCC: STUDENT,
R/O. HALOLLI, TAL: RAMDURG,
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
DIST: BELGAUM.
7. KUM. RIYAN D/O. REHAMNSAB
KERIPALLI @ KAUJALAGI,
AGE: 09 YEARS, OCC: STUDENT,
R/O. HALOLLI, TAL: RAMDURG, DIST: BELGAUM.
SINCE APPELLANT NO.5 TO 7 BEING MINORS
R/BY THEIR NATURAL MOTHER APPELLANT NO.3
8. KUMARI. DAVALAMA D/O. REHAMNSAB
KERIPALLI @ KAUJALAGI,
AGE: 03 YEARS, OCC: CHILD,
R/O. HALOLLI, TAL: RAMDURG, DIST: BELGAUM.
SINCE MINOR R/BY HER NATURAL MOTHER
APPELLANT NO.4.
...APPELLANTS
(BY SRI. GEETHA K. M, ADVOCATE)
AND:
1. HABBUGOUDA S/O. DADAGOUDA PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O. GONANUR, POST: ARTAGAL,
TAL: RAMDURGA, DIST: BELGAUM.
2. NATIONAL INSURANCE COMPANY LTD,
BRANCE OFFICE APMC YARD,
SOUDATTI-591123, THROUGH DIVISIONAL
OFFICE, THE DIVISIONAL MANAGER,
RAMDEV GALLI,
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST
JUDGMENT AND AWARD DTD: 23.01.2014, PASSED IN
MVC.NO.2884/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL
JUDGE AND MEMBER ADDL. MOTOR ACCIDENT CLAIM TRIBUNAL,
BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
IN MFA CROB NO. 100110 OF 2014
BETWEEN:
SHARIF @ SHARIFGOUDA S/O. FAKIRGOUDA
@ FAKRUSAB PATIL,
AGE: 24 YEARS, OCC: BUSINESS & AGRICULTURE,
NOW NIL, R/O. GONAGNUR, TQ: RAMDURG,
DIST: BELGAUM,
NOW AT CHANDU GALLI, BELGAUM.
...CROSS OBJECTOR
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
AND:
1. HABBUGOUDA S/O. DADAGOUDA PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O.GONAGNUR, POST: ARTAGAL,
TQ: RAMDURG, DIST: BELGAUM.
2. NATIONAL INSURANCE COMPANY LTD,
BRANCH OFFICE, APMC YARD,
SAUNDATTI-591126.
THROUGH ITS DIVISIONAL OFFICE,
THE DIVISIONAL MANAGER,
RAMDEV GALLI, BELGAUM.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE R1 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.101137/2014 FILED U/O.41 RULE
22 OF CPC, AGAINST JUDGMENT AND AWARD DTD: 23.01.2014,
PASSED IN MVC.NO.2363/2012 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MACT, BELGAUM, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION
THES APPEAL AND CROB, COMING ON ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
COMMON JUDGMENT
Though the appeal as well as cross objection are listed for
admission, with the consent of learned counsel for the parties,
they are taken up for final disposal.
2. MFA No.101137/2014 is filed by the insurance
company and MFA Crob No.100010/2014 is filed by the
appellant/injured challenging the judgment and award passed
in MVC No.2363/2012. MFA No.102969/2014 is filed by the
claimants seeking enhancement of compensation in MVC
No.2884/2012. All these appeals arise out of the common
judgment and award dated 23.01.2014 on the file of learned II
Addl. Senior Civil Jude and Addl. MACT, Belgaum (for short,
'Tribunal').
3. Heard the learned counsel Smt. Preeti Shashank for
appellant/insurance company, Smt. Shaila Bellikatti, learned
counsel for cross-objector/injured and Smt. Geeta K.M.,
learned counsel for the appellants/claimants.
4. Smt. Preeti Shashank, learned counsel for the
appellant/insurance company submits that the Tribunal has
committed an error in assessing disability of the injured at 8%.
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
She submits that PW3 has issued Disability Certificate stating
that the appellant has sustained 30% disability. She further
submits that PW3 is in the habit of issuing certificate of higher
disability and therefore, seeks to disbelieve the evidence of
PW3 and re-assess the disability taking note of the injuries
suffered by the injured. She further submits that the award of
interest by the Tribunal at 9% per annum is exorbitant and
seeks to reduce the same to 6% per annum by allowing the
appeal.
5. Per contra, learned counsel Smt. Shaila Bellikatti for
the cross-objector/injured submits that the Tribunal has
committed an error in assessing the income as well as disability
of the injured as the cross-objector/claimant has sustained
three fractures. Hence, she seeks to reassess the same to an
extent of 10% and award compensation. She further submits
that the award of compensation by the Tribunal under the other
heads are on the lower side and seeks to enhance the same
appropriately by allowing the cross-objection.
6. Smt. Geeta K.M., learned counsel for the
appellants/claimants in MFA No.102969/2014 submits that the
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
Tribunal has committed an error in awarding meager
compensation under the head of loss of consortium, which the
claimants would be entitled to Rs.44,000/- each. She submits
that the appeal filed by the insurance company against the
present MVC is dismissed by this Court.
7. In reply to the submission of learned counsel for the
appellants/claimants in MFA No.102969/2014, Smt. Preeti
Shashank, learned counsel submits that while dismissing the
appeal filed by the insurance company, the Division Bench of
this Court has held that the award of compensation by the
Tribunal is just and proper and does not call for enhancement.
She submits that if the compensation is re-assessed, then
income is required to be reassessed at Rs.6,500/- per month.
Applying the said notional income chart of KSLSA, the
claimants would be entitled to lesser compensation than what is
awarded by the Tribunal. Hence, she seeks dismissal of the
appeal filed by the claimants.
8. I have heard the learned counsel for the parties and
perused the material available on record including Tribunal
records.
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
9. It is not in dispute that in a road accident on
30.07.2012, the cross objector in MVC No.2363/2012 sustained
fracture of 3rd and 4th metatarsal bone of right foot and medial
metatarsal bone and tarsal joint of the right foot and deformity
of 4th metatarsal bone right foot. This Court taking note of
aforesaid injuries and considering the oral testimony of PW3, is
of the considered view that the Tribunal has rightly assessed
the disability of the injured at 8%, which is unaltered.
However, this Court re-assesses the income of the injured at
Rs.6,500/- per month placing reliance on the notional income
chart prepared by the KSLSA. Thus, the injured/claimant would
be entitled to modified compensation under the head of loss of
future income due to disability as under:
Rs.6,500 x 12 x 18 x 8% = Rs.1,12,320/-
10. Taking note of the injuries suffered by the cross-
objector/injured referred supra and oral testimony of PW3-
doctor, I am of the considered view that the injured/claimant
is 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. 15,000/-
Loss of income during laid-up period Rs. 19,500/-
Loss of future income due to disability Rs.1,12,320/
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NC: 2024:KHC-D:6613
MFA No.101137 of 2014
C/W MFA No.102969 of 2014,
MFA.CROB No.100110 of 2014
Medical expenses Rs. 23,000/-
-----------------
Total Rs.2,39,820/-
-----------------
11. Thus, the cross-objector/injured is entitled to total
compensation of Rs.2,39,820/- as against Rs.1,80,680/-
awarded by the Tribunal, which shall carry interest at 6% per
annum from the date of petition till realization.
12. Insofar as award of compensation in MVC
No.2884/2012, this Court on re-appreciation of entire evidence
available on record and on meticulous perusal of the finding
recorded by the Tribunal, is of the considered view that the
Tribunal has committed an error in assessing notional income
of the deceased at Rs.8,000/- per month, which is on the
higher side. Instead of re-assessing the compensation on each
head by reducing notional income, it is just and appropriate to
confirm the award of compensation by the Tribunal in MVC
No.2884/2012.
13. In the result, I proceed to pass the following:
ORDER
a. MFA No.101137/2014 & MFA Crob
No.100110/2014 are allowed in part.
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NC: 2024:KHC-D:6613
C/W MFA No.102969 of 2014,
b. MFA No.102969/2014 stands dismissed as
devoid of merit.
c. The impugned judgment and award of the
Tribunal in MVC No.2363/2012 is modified
to an extent that the cross-
objector/claimant is entitled to total
compensation of Rs.2,39,820/- as against
Rs.1,80,680/- awarded by the Tribunal.
d. The entire compensation amount in MVC
No.2363/2012 shall carry interest at the
rate of 6% per annum from the date of
petition till realization.
e. The appellant/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.
f. On such deposit, the same shall be released
in favour of the cross-objector/claimant.
g. The amount in deposit, if any, be
transmitted to the Tribunal along with TCR.
h. Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
