Karnataka High Court
Chandrappa S/O. Ramappa vs Umesh S/O. Shekharappa on 22 April, 2024
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NC: 2024:KHC-D:6633
MFA No. 101834 of 2018
C/W MFA No. 101835 of 2018
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. 101834 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101835 OF 2018 (MV-I)
IN MFA NO. 101834 OF 2018
BETWEEN:
KANTHARAJ S/O. MURTHEPPA,
AGE: 32 YERS, OCC: AGRICULTURE &
COOLIE WORK, R/O. NAGAMANGALA VILLAGE,
TQ: TARIKERE, NOW @ MARUTHI NAGAR,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. UMESH S/O. SHEKHARAPPA,
AGE: MAJOR, OCC: BUSINESS,
R/O. KUDLUR VILLAGE,TQ: TARIKERE,
Digitally signed
by ROHAN DIST: CHIKKAMANGALORE-577116.
HADIMANI T
Location: 2. THE SENIOR MANAGER,
HIGH COURT
OF IFFCO-TOKIO GENERAL INSURANCE CO. LTD,
KARNATAKA SHRI. SHANTHI TOWERS, 5TH FLOOR,
3RD MAIN, 141-EAST OF NGEF LABOUR,
KASTURINAGAR, BENGALURU-560016.
...RESPONDENTS
(BY SRI. M. K. SOUDAGAR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 12.01.2018
PASSED IN MVC NO.27/2016 ON THE FILE OF THE II-ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:6633
MFA No. 101834 of 2018
C/W MFA No. 101835 of 2018
IN MFA NO. 101835 OF 2018
BETWEEN:
CHANDRAPPA S/O. RAMAPPA
AGE: 42 YERS, OCC: AGRICULTURE & COOLIE WORK,
R/O. NAGAMANGALA VILLAGE,
TQ: TARIKERE, NOW @ MARUTHI NAGAR,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. UMESH S/O. SHEKHARAPPA,
AGE: MAJOR, OCC: BUSINESS,
R/O. KUDLUR VILLAGE, TQ: TARIKERE,
DIST: CHIKKAMANGALORE-577116.
2. THE SENIOR MANAGER,
IFCO-TOKIO GENERAL INSURANCE CO. LTD,
SHRI. SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN,
141-EAST OF NGEF LABOUR, KASTURINAGAR,
BENGALURU-560016.
...RESPONDENTS
(BY SRI. M. K. SOUDAGAR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 12.01.2018
PASSED IN MVC NO.28/2016 ON THE FILE OF THE II-ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101834 of 2018
C/W MFA No. 101835 of 2018
COMMON JUDGMENT
Though these appeals are listed for admission, with the
consent of learned counsel for the parties, they are taken up
for final disposal.
2. These two appeals are filed by the claimants/injured
seeking enhancement of compensation being aggrieved by the
common judgment and award dated 12.01.2018 passed in MVC
Nos.27 and 28 of 2016 on the file of learned II Addl. Senior
Civil Judge and Addl. MACT, Ranebennur (for short, 'Tribunal').
3. Heard the learned counsel Sri. Chandrashekhar M
Hosamani for the appellants/claimants and learned counsel Sri.
M.K. Soudagar for the respondent/insurance company.
4. Learned counsel for the appellants/claimants
submits that the Tribunal has committed an error in assessing
the income as well as disability of the appellants/injured in both
the appeals. He 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
appeals.
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MFA No. 101834 of 2018
C/W MFA No. 101835 of 2018
5. Per contra, learned counsel Sri. M.K. Soudagar
supports the impugned judgment and award of the Tribunal
and submits that PW3-doctor is in the habit of issuing disability
certificate on the higher side, hence, the Tribunal has
considered the disability on the higher side, as the appellants in
both the appeals suffered only two fractures. He seeks to
dismiss the appeals.
6. I have heard the arguments of learned counsel for
both the parties and perused the material available on record.
7. The appellants/claimants met with road accident on
8.6.2015 and sustained fracture of right patella bone and right
femur bone. Taking note of aforesaid injuries and on
appreciation of oral testimony of PW3 and other medical
evidence on record, this Court is of the considered view that it
would be just and appropriate to assess the disability of both
the injured at 15% for determination of compensation. This
Court re-assesses the income of the both injured at Rs.8,000/-
per month placing reliance on the notional income chart
prepared by KSLSA. In MVC No.27/2016, the appellant was
inpatient for 66 days and in MVC No.28/2016, the appellant
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MFA No. 101834 of 2018
C/W MFA No. 101835 of 2018
was inpatient for 33 days. Taking note of fractures suffered by
the appellants/injured and also duration of treatment taken by
them, this Court is of the considered view that the
appellants/injured would be entitled to modified compensation
on the following heads:
Particulars MFA No.101834/2018 MFA 101835/2018
Pain and suffering Rs.40,000/- Rs.40,000/-
Loss of amenities Rs.30,000/- Rs.30,000/-
Medical expenses Rs.30,029/- Rs.11,800/-
Loss of income Rs.32,000/- Rs.24,000/-
during laid-up period (Rs.8,000 x 4) (Rs.8,000 x 3)
Food, nourishment, Rs.32,000/- Rs.27,000/-
conveyance &
attendant
Loss of future Rs.2,44,800/- Rs.2,16,000/-
income due to (Rs.8000 x 12 x 17 x (Rs.8000 x 12 x 15
disability 15/100) x 15/100)
TOTAL Rs.4,08,829/- Rs.3,48,800/-
8. In the result, I proceed to pass the following:
ORDER
a) Both appeals stand allowed in part.
b) The impugned common judgment and
award of the Tribunal is modified to an
extent that the appellant/claimant in MFA
No.101834/2018 is entitled to total
compensation of Rs.4,08,829/- as against
Rs.2,89,389/- awarded by the Tribunal and
the appellant/claimant in MFA
No.101835/2018 is entitled to total
NC: 2024:KHC-D:6633
compensation of Rs.3,48,800/- as against
Rs.2,46,000/- awarded by the Tribunal.
c) The enhanced compensation amount in both
the appeals 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
in both the appeals 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 respective
appellant/claimant.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
