Karnataka High Court
Shri. Ashok vs Shri. Hanamant on 1 April, 2024
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NC: 2024:KHC-D:5973
MFA No. 101815 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101815 OF 2020 (MV-I)
BETWEEN:
SHRI. ASHOK S/O. BABU NAIK @ BERAD,
AGE: 51 YEARS, OCC: AGRICULTURE &
MILK VENDING, NOW NIL,
R/O. PATTANKUDI-591238,
TALUKA: CHIKODI, DISTRICT: BELAGAVI.
...APPELLANT
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
AND:
1. SHRI. HANAMANT S/O. ANANDRAO PATIL,
AGE: 51 YEARS, OCC: MEDICAL PRACTITIONER,
R/O. AITWADEKHURD-415409, TALUKA: WALWA,
DISTRICT: SANGLI, MAHARASTRA STATE.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD,
Digitally signed MARUTI GALLI, BELAGAVI-590001.
by ROHAN
HADIMANI T
Location: HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SRI. S. S. JOSHI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 20.11.2019 IN MVC
NO.462/2019 PASSED BY THE II ADDITIONAL DISTRICT JUDGE AND
MACT, BELAGAVI AND ENHANCE THE COMPENSATION FROM RS.
1,15,880/- TO RS. 10,00,000/- TO 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:5973
MFA No. 101815 of 2020
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 injured/minor seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 20.11.2019 passed in
MVC.No.462/2019 by the II Addl. District Judge and Motor
Vehicle Accident Claims Tribunal, Belagavi (for short,
'Tribunal').
3. Heard Smt.Sunanda P.Patil, learned counsel
appearing for the appellant/claimant and Sri.S.S.Joshi,
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 injured, which is contrary to the
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evidence available on record, hence, he seeks to reassess
the same, taking note of the injuries sustained by the
injured. It is submitted that the Tribunal has not awarded
any compensation under the heads of loss of amenities,
loss of income during laid-up-period and future medical
expenses. It is submitted that the award of compensation
on all the other heads is also on lower side. Thus, he seeks
to enhance the compensation amount appropriately by
allowing 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/claimant has not placed any
evidence with regard to his income. Hence, the Tribunal
has justified in assessing the income of the appellant at
Rs.8,000/- per month. He submits that PW2 is not a
treated Doctor, hence, disability assessed at 6% is proper
which does not call for any modification. He submits that
the award of compensation by the Tribunal on all the other
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heads is also just and proper and does not call for any
enhancement. Thus, he seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the appellant/claimant and learned
counsel appearing for the respondent No.2/Insurance
Company. Meticulously perused the material available on
record.
7. It is not in dispute that on 22.10.2018, the
appellant met with a road accident and sustained fracture
of left forearm and fracture of middle 1/3rd Ulna. Taking
note of the fracture suffered by the appellant, PW2 has
issued Disability Certificate and opined that the appellant
has sustained disability to an extent of 25% to the whole
body. This Court perused the oral testimony of the PW2,
Disability Certificate and other medical records, is of the
considered view that, it would be just and proper to assess
disability at 9% for the purpose of determination of
compensation.
NC: 2024:KHC-D:5973
8. Admittedly, the appellant has not placed any
evidence with regard to his income. This Court reassesses
the notional income of the appellant at Rs.11,750/- per
month placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority.
Thus, the claimant would be entitled to modified
compensation on the head of loss of future income due to
disability as under:
Rs.11,750 x 12 x 13 x 9% = Rs.1,64,970/-
9. This Court taking note of the aforesaid disability
and injuries referred supra, is of the considered view that
the appellant is entitled to an additional sum of Rs.5,000/-
under the head of pain and suffering and the appellant is
entitled to a sum of Rs.30,000/- under the head of loss of
amenities.
10. The appellant is also entitled to Rs.35,250/-
(i.e. Rs.11,750 X 3 months) under the head of loss of
income during laid-up-period.
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11. The evidence of PW2 is very clear that the
appellant has undergone surgery and implants were
inserted and he needs further treatment. Taking note of
the oral testimony of PW2, it would be just and proper to
award Rs.25,000/- under the head of future medical
expenses.
12. Insofar as the award of compensation on other
heads is concerned, the same is unaltered. Thus, in all, the
claimant shall be entitled to modified compensation under
the following heads:
HEADS AMOUNT
(in Rs.)
Loss of future income due to disability 1,64,970/-
Towards pain and suffering 30,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 35,250/-
Food, nourishment, special diet, conveyance 16,000/-
and attendant charges
Future medical expenses 25,000/-
Total 3,01,220/-
Thus, the claimant shall be entitled to total
compensation of Rs.3,01,220/- as against Rs.1,15,880/-
awarded by the learned Tribunal.
NC: 2024:KHC-D:5973
13. 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.3,01,220/- as against Rs.1,15,880/-
awarded by the Tribunal.
c) The enhanced compensation 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 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.
g) Draw modified award accordingly.
Sd/-
JUDGE
