Karnataka High Court
Shri. Ganesh Govind Khadekar vs Smt. Manjula Vithal Gadivaddar on 25 April, 2024
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NC: 2024:KHC-D:6896
MFA No. 100808 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100808 OF 2022 (MV-I)
BETWEEN:
SHRI. GANESH GOVIND KHANDEKAR,
AGE: 57 YEARS, OCC: MILK VENDING,
NOW NILL, R/O. CHAVAT GALLI,
BELAGAVI-590001.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SMT. MANJULA VITHAL GADIVADDAR,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O. H.NO. 85, WADDARWADI,
RAM NAGAR, BELAGAVI-590016.
2. MAGMA GENERAL INSURANCE CO. LTD,
2ND FLOOR, II M.J.C. ROAD,
36 J.C. ROAD, NEW MINEVVA CIRCLE,
Digitally signed BENGALURU-560078.
by ROHAN
HADIMANI T
Location: HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SRI. N. C. KOLLOORI, 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 16.12.2021 PASSED
IN MVC NO.1568/2020 ON THE FILE OF THE VIII ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6896
MFA No. 100808 of 2022
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 16.12.2021 passed in
MVC.No.1568/2020 by the VIII Addl. District and Sessions
Judge, Belagavi (for short, 'Tribunal').
2. Heard Sri. Harish S.Maigur, learned counsel
appearing for the appellant/claimant and Sri. Nagaraj
C.Kolloori, learned counsel appearing for the respondent
No.2/Insurance Company.
3. 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. He submits that the award of compensation
by the Tribunal on all the other heads is also on the lower
side and is required to be reassessed taking note of the
evidence available on record. Thus, he seeks to allow the
appeal.
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4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the impugned
judgment and award of the Tribunal and seeks to dismiss the
appeal.
5. I have heard the arguments of the learned
counsel appearing for the parties. Perused the material
available on record.
6. It is not in dispute that the appellant met with a
road accident on 16.11.2020 and sustained fracture of mid
shaft of right tibia and fibula. PW2 has assessed disability to
the extent of 35% and the Tribunal considering the evidence
available on record assessed the disability at 3%. This Court
taking note of the aforesaid injuries and oral testimony of
PW2, reassesses the disability of the appellant at 10%.
Admittedly, the appellant has not placed any evidence with
regard to the income of the appellant. Hence, this Court
notionally assesses the income of the appellant 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 the age of the
NC: 2024:KHC-D:6896
appellant as 55 years and appropriate multiplier of 11. Thus,
the appellant is entitled to modified compensation on the
head of loss of future income due to disability as under:
Rs.13,750 x 12 x 11 x 10% = Rs.1,81,500/-
7. Taking note of the injuries suffered by the
appellant referred supra and oral testimony of PW2-Doctor, I
am of the considered view that the appellant would be
entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Pain and Suffering 40,000/-
Loss of amenities 30,000/-
Food, transport and attendant charges 15,000/-
Medical expenses 76,293/-
Loss of future income due to disability 1,81,500/-
Loss of income during laid-up period 41,250/-
(i.e.Rs.13,750 x 3 months)
Total 3,84,043/-
Thus, the appellant is entitled to total compensation of
Rs.3,84,043/- as against Rs.1,62,773/- awarded by the
Tribunal.
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8. In the result, I proceed 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 appellant is entitled to total
compensation of Rs.3,84,043/- as
against Rs.1,62,773/- awarded by the
Tribunal.
c. The total compensation amount shall
carry interest at the rate of 6% per
annum from the date of petition till
realization.
d. The respondent No.2/Insurance
Company shall deposit the
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
appellant/claimant.
f. Registry to transmit the records, if
any, to the Tribunal forthwith.
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g. Draw modified award accordingly.
Sd/-
JUDGE
RH/PMP
Ct-an
