Karnataka High Court
Mallappa @ Mallappa S/O. Sundrawwa ... vs Sidram S/O. Bhimray Shegunasi on 2 April, 2024
-1-
NC: 2024:KHC-D:6023
MFA No. 20488 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 20488 OF 2012 (MV)
BETWEEN:
MALLAPPA @ MALLAPPA
S/O. SUNDRAWWA TALAGERI,
AGE: 32 YEARS, OCC: MASON,
R/O. SHIROL, NOW AT GADDANKERI,
TQ AND DIST: BAGALKOT,
...APPELLANT
(BY SRI. N. L. BATAKURKI, ADVOCATE)
AND:
1. SRI. SIDRAM S/O. BHIMRAY SHEGUNASI,
AGE: MAJOR, OCC: OWNER OF VEHICLE,
R/O. AT POST: 431/B, HONNALLI,
TQ & DIST: BIJAPUR.
2. THE DIVISIONAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD,
NO. 28, EAST WING, 5TH FLOOR,
Digitally signed
CENTENARY BUILDING, M. G. ROAD,
by ROHAN BANGALORE.
HADIMANI T
Location: HIGH ...RESPONDENTS
COURT OF (BY SRI. G. N. RAICHUR, ADV. FOR R2;
KARNATAKA
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ADMIT THE APPEAL AND
CALL THE RECORDS IN M.V.C NO.782/2009 ON THE FILE OF
MEMBER M.A.C.T, NO.IV, BAGALKOT AND BE PLEASED TO MODIFY
THE IMPUGNED JUDGMENT AND AWARD DATED 04.10.2011 AND TO
ENHANCE THE AMOUNT OF COMPENSATION AS CLAIMED BEFORE
THE M.A.C.T, BY ALLOWING THIS APPEAL WITH COSTS IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC-D:6023
MFA No. 20488 of 2012
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/claimant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 04.10.2011 passed in
MVC.No.782/2009 by the Member M.A.C.T.No.IV, Bagalkot
(for short, 'Tribunal').
3. Heard Sri.N.L.Batakurki, learned counsel
appearing for the appellant/claimant and Sri.G.N.Raichur,
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 considering the disability of the
appellant and awarded meager compensation of
Rs.35,000/- to the appellant/claimant. He submits that the
NC: 2024:KHC-D:6023
claimant has examined one Dr.Uday Naik as PW2 who has
treated the appellant after he was discharged form KLE
Hospital and has issued Disability Certificate opining that
the appellant has sustained 45% disability to right lower
limb, hence, he seeks to award appropriate compensation
under the head of loss of future income of the appellant
due to disability. He further submits that the appellant was
inpatient for a period of 30 days, in two different hospitals
and undergone different treatments, hence, he seeks to
award appropriate compensation on conventional heads.
Thus, he 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 Tribunal has recorded its finding at para
No.21 of its judgment that the evidence of PW2 cannot be
believed, as the medical records of KLE Hospital does not
indicate the fracture of hip and issuance of Disability
NC: 2024:KHC-D:6023
Certificate at Ex.P12 is an improvement. Hence, 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. The appellant/claimant has sustained grievous
injuries in a road accident dated 25.05.2009. The evidence
available on record indicates that he was initially admitted
in KLE Hospital, Belagavi on 25.05.2009 and he was
discharged on 15.06.2009. The Wound Certificate and
Discharge Summary of the KLE Hospital at Exs.P5 and P9
are read together and after considering Exs.P5 and P9 with
the Disability Certificate issued by PW2 at Ex.P12, it is
found that the appellant has sustained grievous injuries to
hip and also sustained fracture of his right forearm. Taking
note of the said injuries and the oral testimony of PW2,
Wound Certificate, Discharge Summary and Disability
NC: 2024:KHC-D:6023
Certificate, this Court reassesses the disability of the
appellant at 20% for the purpose of determination of
compensation.
8. Admittedly, the appellant has not produced any
evidence with regard to his income. Hence, this Court
assesses the income of the appellant notionally at
Rs.5,000/- per month placing reliance on the notional
income chart prepared by the Karnataka State Legal
Services Authority. Thus, the claimant would be entitled
for modified compensation on the head of loss of future
income due to disability as under:
Rs.5,000 x 12 x 17 x 20% = Rs.2,04,000/-
9. The appellant was inpatient for a period of more
than 30 days at two different hospitals and has sustained
fracture referred supra and his disability is assessed at
20%, hence, the appellant would be entitled to
Rs.40,000/- under the head of 'pain and suffering',
Rs.30,000/- under the head of 'loss of amenities',
NC: 2024:KHC-D:6023
Rs.15,000/- under the head of 'food, nourishment, special
diet, conveyance and attendant charges'.
10. The appellant is entitled to Rs.15,000/-
(i.e.Rs.5,000 X 3 months) under the head of loss of
income during laid-up-period. The award of compensation
under the head of medical expenses 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 2,04,000/-
Towards pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 15,000/-
Food, nourishment, special diet, conveyance 15,000/-
and attendant charges
Medical expenses 15,000/-
Total 3,19,000/-
Thus, the claimant shall be entitled to total
compensation of Rs.3,19,000/- as against Rs.35,000/-
awarded by the learned Tribunal.
NC: 2024:KHC-D:6023
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.3,19,000/- as against
Rs.35,000/- 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.
NC: 2024:KHC-D:6023
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
