Karnataka High Court
Kalavati W/O. Shankargoda Patil vs Jayavant Tanaji Devagoji on 22 April, 2024
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MFA No. 101281 of 2021
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. 101281 OF 2021 (MV-I)
BETWEEN:
KALAVATI W/O. SHANKARGOUDA PATIL,
AGE: 49 YEARS, OCC: COOLIE, NOW NIL,
R/O.GOTUR, TQ: HUKKERI, DIST: BELAGAVI,
PRESENTLY AT KAKATI, TQ: BELAGAVI-591113.
...APPELLANT
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
1. JAYAVANT TANAJI DEVAGOJI,
AGE: MAJOR, OCC: BUSINESS,
R/O. 2033, SANKESHWAR, TQ: HUKERI,
DIST: BELAGAVI-591314.
2. THE DIVISIONAL MANAGER,
MAGMA HDI GENERAL INSURANCE CO. LTD,
D.O. ANNAPURNESHWARI BUILDING,
NEAR TILAK CHOWK, RAMLINGKHIND GALLI,
Digitally signed BELAGAVI-590001.
by JAGADISH T
R ...RESPONDENTS
Location: HIGH (BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
COURT OF
KARNATAKA NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 20.04.2021
PASSED IN MVC NO.549/2018 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND MEMBER OF ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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:
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MFA No. 101281 of 2021
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 20.04.2021 passed in MVC
No.549/2018 on the file of II Addl. Sessions Judge and Member
of Addl. MACT, Belagavi. (for short, 'Tribunal').
3. I have heard the learned counsel Sri.Prashant
Mathapati, appearing for the appellant/injured and learned
counsel Sri.S.K. Kayakamath, appearing for the respondent
No.2.
4. Learned counsel for the appellant submits that the
Tribunal committed an error in assessing income of the
appellant/injured. He submits that the award of compensation
by the Tribunal on all other heads are required to be
re-assessed by allowing the appeal.
5. Per contra, learned counsel Sri.S.K. Kayakamath,
appearing for the respondent No.2 supports impugned
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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.2
and perused the material available on record.
7. The appellant was aged about 49 years, met with a
road accident on 09.02.2018 and sustained grievous injuries.
Taking note of the injuries sustained and oral testimony of
PW2, the Tribunal has assessed disability at 11% and awarded
compensation. This Court on re-appreciation of the evidence
available on record is of the considered view that the Tribunal
has justified in assessing the disability of the appellant. This
Court re-assesses the income of the appellant at Rs.11,750/-
per month placing reliance on the notional income chart
prepared by the KSLSA. This Court re-assesses the loss of
future income due to disability as under:
Rs.11,750 x 12 x 13 x 11% = Rs. 2,01,630/-
8. The appellant is entitled to an additional sum of
Rs.10,000/- under the head of pain and sufferings.
Rs.35,250/-(11,750x3) is awarded under the head of loss of
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income during laid-up period. Under the head of loss of
amenities an additional sum of Rs.20,000/- is awarded. Under
the head of incidental expenses Rs.15,000/- is awarded.
Thus, in all, the claimant shall be entitled to modified
compensation under the following heads:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Loss of income during laid-up period 35,250/-
Towards Medical expenses 54,940/-
Loss of future earning capacity due to 2,01,630/-
disability
Towards incidental expenses 15,000/-
Loss of amenities 30,000/-
Total 3,76,820/-
9. Thus, the claimant shall be entitled to total
compensation of Rs.3,76,820/- as against Rs.2,26,560/-
awarded by the learned Tribunal.
10. 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
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claimant would be entitled to total
compensation of Rs.3,76,820/- as against
Rs.2,26,560/- 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 forthwith to
the Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
RKM
Ct-an
