Karnataka High Court
Sri Rama S/O S/O Narayan Moger vs Sri Manjunath D/O Madev Moger on 22 April, 2024
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NC: 2024:KHC-D:6641
MFA No. 103136 of 2023
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. 103136 OF 2023 (MV-I)
BETWEEN:
SRI. RAMA S/O. NARAYAN MOGER,
AGE: 53 YEARS, OCC: FISHERMAN,
R/O. BELNI, MAVINKURVE,
TQ: BHATKAL TALUK,
DIST: UTTARA KANNADA-581320.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE)
AND:
1. SRI. MANJUNATH D/O. MADEV MOGER,
AGE: 38 YEARS, R/O. BELNI,
MAVINKURVE, BHATKAL TALUK,
DIST: UTTARA KANNADA-581320.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
Digitally THE BRANCH OFFICE, ANUGRAHA COMPLEX,
signed by BUNDER ROAD, BHATKAL TQ,
JAGADISH T R UTTARA KANNADA-581320.
Location:
HIGH COURT
OF ...RESPONDENTS
KARNATAKA (BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 14.02.2022 PASSED
IN MVC NO.300/2020 ON THE FILE OF THE MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, AT BHATKAL, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6641
MFA No. 103136 of 2023
JUDGMENT
Though this appeal is listed for orders, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed by the injured/claimant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 14.02.2022 passed in
MVC.No.300/2020 by the Member, Addl. M.A.C.T. and
Senior Civil Judge & JMFC., Bhatkal (for short, 'Tribunal').
3. Heard Smt.Soubhagya.S.Vakkund, learned
counsel appearing for the appellant/claimant and
Smt.Preeti Shashank, learned counsel appearing for the
respondent No.2/Insurance Company.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in assessing the income as well as
the disability of the appellant. She submits that the award
of compensation by the Tribunal on all the other heads is
NC: 2024:KHC-D:6641
also on the lower side and is required to be reassessed
taking note of the evidence available on record. Thus, she
seeks to allow the appeal.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellant has not placed any evidence
with regard to his income, hence, the assessment of
income by the Tribunal is just and proper and does not call
for any modification. She further submits that the
disability assessed by the Tribunal at 4% is in consonance
to the injuries suffered by the appellant, which does not
call for any modification. She also submits that the award
of compensation by the Tribunal on all the other heads is
also just and proper and does not require interference.
Thus, she seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the parties. Perused the material
available on record.
NC: 2024:KHC-D:6641
7. It is not in dispute that the claimant/injured
met with a road accident on 04.08.2020 and sustained
fracture of right elbow resulting in dislocation and fracture
of neck radial. This Court on re-appreciation of the oral
testimony of PW2, Disability Certificate at Ex.P8 and other
medical evidence on record, is of the considered view that,
it would be just and appropriate to reassess the disability
of the appellant/injured at 6%.
8. This Court while reassessing the compensation,
notionally assesses the income of the claimant/injured at
Rs.13,750/- per month placing reliance on the notional
income chart prepared by the Karnataka State Legal
Services Authority. There is no dispute with regard to
application of multiplier as '13'. Thus, loss of future
income due to disability is recomputed as under:
Rs.13,750/- (income) x 12(months) x 13 (multiplier) x 6%
(disability) = Rs.1,28,700/-
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9. This Court on re-appreciation of the entire
evidence on record, is of the considered view that, it would
be just and appropriate to award an additional sum of
Rs.10,000/- under the head of 'pain and suffering', an
additional sum of Rs.5,000/- under the head of 'loss of
amenities' and an additional sum of Rs.5,000/- under the
head of 'Attendant charges, extra diet, nourishment and
conveyance charges'.
10. The appellant is entitled to Rs.41,250/-
(i.e.Rs.13,750 X 3 months) under the head of 'loss of
income during laid-up-period'.
11. Insofar as the award of compensation under the
head of medical expenses is concerned, the same is
unaltered. Thus, in all, the claimant shall be entitled to
modified compensation under the following heads:
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HEADS AMOUNT
(in Rs.)
Pain and Agony/suffering 40,000/-
Loss of amenities 30,000/-
Loss of future income due to disability 1,28,700/-
Loss of income during laid-up-period 41,250/-
Attendant charges, extra diet and 15,000/-
nourishment and conveyance charges
Medical expenses 13,979/-
Total 2,68,929/-
Thus, the claimant shall be entitled to total
compensation of Rs.2,68,929/- as against Rs.1,46,400/-
awarded by the learned Tribunal.
12. 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.2,68,929/- as against
Rs.1,46,400/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
NC: 2024:KHC-D:6641
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 the date of receipt
of certified copy of this judgment.
e) On such deposit, the same shall be released
in favour of the claimant/injured.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Needless to say that the claimant shall not
be entitled to any interest on the enhanced
compensation for the delayed period.
Registry to take note of the same while
drawing award
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
