Karnataka High Court
Shri. Rohit Shantaram Jadhav vs Shri Iragouda Siddagounda ... on 22 April, 2024
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NC: 2024:KHC-D:6634
MFA No. 101251 of 2022
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. 101251 OF 2022 (MV-I)
BETWEEN:
SHRI. ROHIT SHANTARAM JADHAV,
AGE: 31 YEARS, OCC: NIL,
R/O. MANJARI, TQ: CHIKODI,
DIST: BELGAUM.
...APPELLANT
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)
AND:
1. SHRI. IRAGOUDA SIDDAGOUNDA KELAGINAMANI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. JAINAPUR, TQ: CHIKODI.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY
Digitally LIMITED, K. C. ROAD, NEAR PRABHAKAR
signed by TALKIES CHIKODI.
JAGADISH T R
Location: ...RESPONDENTS
HIGH COURT
OF (BY SRI. S. S. KOLIWAD, ADV. FOR R2;
KARNATAKA NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS,
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 30.04.2015 PASSED BY THE IN THE COURT OF SENIOR CIVIL
JUDGE AND ADDL MACT, CHIKODI, AT: CHIKODI, M.V.C
NO.183/2013 AND ENHANCE THE COMPENSATION AS CLAIMED BY
THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6634
MFA No. 101251 of 2022
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 30.04.2015 passed in MVC
No.183/2013 on the file of the Senior Civil Judge and Addl.
MACT, Chikodi (for short, 'Tribunal').
3. I have heard the learned counsel Sri.Bahubali N.
Kanabargi, appearing for appellant/injured and learned counsel
Sri. S.S. Koliwad, appearing for respondent No.2.
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 award
of compensation by the Tribunal on all other heads is required
to be enhanced appropriately, taking note of evidence available
of record. Hence, he seeks to allow the appeal.
5. Per contra, learned counsel Sri. S.S. Koliwad,
appearing for the respondent No.2 supports the 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 met with a road accident on
01.10.2012 and sustained injuries/fractures of:
i. CLW over chin measuring 4x2x1 cm.
ii. Compound fracture mandible.
iii. Closed committed fracture middle 3rd left humerus
and other injuries.
8. Taking note of the aforesaid fracture and
considering the oral testimony of PW4 and 5, I am of the
considered view that the Tribunal has justified in assessing the
disability at 20% which is unaltered. This Court re-assesses the
income of the appellant at Rs.6,500/- per month placing
reliance on the notional income chart prepared by the KSLSA.
This Court on re-appreciation of the oral evidence of the
injured/appellant and Doctor's evidence on record and keeping
mind the medical records re-assess the loss of future income
due to disability as under:
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Rs.6,500 x 12 x 18 x 20% = 2,80,800/-
9. The appellant would be entitled to an additional
sum of Rs.4,000/- under the head of pain and sufferings and
additional sum of Rs.11,000/- is awarded under the head of
Conveyance, nourishment and attendance charges.
Rs.19,500/-(6,500x3) is awarded under the head of loss of
income during the period of treatment. All the other heads are
unaltered. 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/-
Towards Conveyance, nourishment and 15,000/-
attendant charges
Loss of income during laid-up period 19,500/-
Towards Medical expenses 90,305/-
Loss of future earning capacity due to 2,80,800/-
disability
Marriage prospects 15,000/-
Loss of amenities and unhappiness 30,000/-
Future medical expense 15,000/-
Total 5,05,605/-
10. Thus, the claimant shall be entitled to total
compensation of Rs.5,05,605/- as against Rs.4,67,505/-
awarded by the learned Tribunal.
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11. 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
claimant would be entitled to total
compensation of Rs.5,05,605/- as against
Rs.4,67,505/- 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, excluding for the delayed period of
1689 days in filing the appeal.
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.
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f) Registry to transmit the records forthwith to
the Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
RKM
Ct-an
