Karnataka High Court
Sharada @ Sharamma D/O. Yesappa @ Yesu vs Mallappa S/O. Basappa on 22 April, 2024
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NC: 2024:KHC-D:6668
MFA No. 102562 of 2020
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. 102562 OF 2020 (MV-I)
BETWEEN:
SHARADA @ SHARAMMA D/O. YESAPPA @ YESU,
AGE: 22 YEARS, OCC: AGRICULTURE & COOLIE,
R/O. GADWAL CAMP, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. MALLAPPA S/O. BASAPPA,
AGE: 43 YEARS, OCC: DRIVER OF TRACTOR
BEARING ITS REG.NO.KA-36/TC-1528,
R/O: BASAPATTANA, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
2. MAHANTAPPA S/O. BASAPPA,
AGE: 45 YEARS, OCC: OWNER OF TRACTOR
BEARING ITS REG.NO.KA-36/TC-1528,
Digitally R/O: BASAPATTANA, TQ : GANGAVATHI,
signed by
JAGADISH T R DIST: KOPPAL-583227.
Location:
HIGH COURT 3. THE MANAGER,
OF
KARNATAKA UNITED INDIA INSURANCE COMPANY LIMITED,
SANMAN COMPLEX, C.B.S. CIRCLE,
GANGAVATHI, DIST: KOPPAL-583227.
4. BASAVARAJ S/O. BASANAGOUDA NAGADONI,
AGE: MAJOR, OCC: OWNER OF TRACTOR
BEARING ITS REG.NO.KA-36/TC-1528,
R/O: HOSUR, TQ: MANVI,
DIST: RAICHUR-582432.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R3;
NOTICE TO R1, R2 & R4 DISPENSED WITH)
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NC: 2024:KHC-D:6668
MFA No. 102562 of 2020
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 12.09.2019 PASSED
IN MVC NO.414/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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 claimant/injured seeking
enhancement of compensation being aggrieved by the
judgment and award dated 12.09.2019 passed in MVC
No.414/2017 on the file of the Senior Civil Judge and MACT,
Gangavathi (for short, 'Tribunal').
3. I have heard the learned counsel Sri.G.R. Turamari,
appearing for appellant/injured and learned counsel Smt. Preeti
Shashank, appearing for respondent No.3.
4. Learned counsel for the appellant submits that the
Tribunal has committed grave error in assessing income as well
as disability of the appellant/injured. He submits that the
Tribunal has committed an error in awarding meager
NC: 2024:KHC-D:6668
compensation on all other heads. Hence, he seeks to re-assess
the same by allowing the appeal.
5. Per contra, learned counsel Smt. Preeti Shashank,
appearing for the respondent No.3 supports impugned
judgment and award of the Tribunal and seeks to dismiss the
appeal.
6. I have heard the arguments of learned counsel for
the appellant/injured and learned counsel for respondent No.3
and perused the material available on record.
7. The appellant met with a road accident on
03.04.2017 and sustained injuries/fractures of right clavicle
and fracture of superior and inferior public rami in the accident.
8. Taking note of the aforesaid fracture and keeping in
mind the oral testimony of PW2, this court re-assesses the
disability at 7%. Similarly the income of the appellant/injured is
re-assessed at Rs.10,250/- per month placing reliance on the
notional income chart prepared by the KSLSA. There is no
dispute with regard to age of the appellant as 18 years, proper
multiplier would be 18. This Court re-assess the loss of future
income due to disability as under:
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Rs.10,250 x 12 x 18 x 7% = 1,54,980/-
9. The appellant is entitled to an additional sum of
Rs.30,000/- under the head of pain and sufferings and
additional sum of Rs.20,000/- under the head of loss of
amenities and Rs.30,750/-(10,250x3) under the head of loss
of income during treatment as against Rs.6,000/-. Additional
sum of Rs.5,000/- under the head of diet, nourishment,
attendants charges and conveyance. Thus, in all, the appellant
is entitled to modified compensation on the following heads:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards diet, nourishment, attendants 15,000/-
charges and conveyance
Loss of income during treatment 30,750/-
Towards Medical reimbursement 4,420/-
Loss of future earning capacity due to 1,54,980/-
disability
Loss of amenities 30,000/-
Total 2,75,150/-
10. Thus, the claimant shall be entitled to total
compensation of Rs.2,75,150/- as against Rs.1,05,220/-
awarded by the learned Tribunal.
11. In the result, this Court proceeds to pass the
following:
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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.2,75,150/- as against
Rs.1,05,220/- awarded by the Tribunal.
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 today.
e) On such deposit, the same shall be released
in favour of the appellant/claimant.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RKM
Ct-an
