Karnataka High Court
Sri. Sunil S/O Sangappa Thaned vs Sri. Sidharth S/O Vivek Gadave on 2 April, 2024
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NC: 2024:KHC-D:6045
MFA No. 102513 of 2016
C/W MFA.CROB No. 100078 of 2018
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. 102513 OF 2016 (MV-I)
C/W
MFA CROSS OBJ NO. 100078 OF 2018
IN MFA NO.102513/2016
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD,
THE DIVISIONAL MANAGER,
SIDHIVINAYAK COMPLEX, SANGLI,
MAHARASHTRA-416416,
REPRESENTED THROUGH
THE NEW INDIA ASSURANCE COMPANY LTD,
MOTOR THIRD PARTY CLAIMS HUB, II FLOOR,
SRINATH COMPLEX, COTTON MARKET,
HUBBALLI, DIST: DHARWAD-580029,
REPRESENTED BY ITS
DULY CONSTITUTED ATTORNEY.
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
Digitally signed AND:
by ROHAN
HADIMANI T
Location: HIGH
COURT OF
1. SRI. SUNIL S/O. SANGAPPA THANED,
KARNATAKA
AGED ABOUT 31 YEARS,
OCC: ASSISTANT PROFESSOR,
PERMANENT R/O. MUDDEBEHAL, DIST: BIJAPUR,
NOW RESIDINT AT: DESAI PLOT NO.3, KEB ROAD,
RAIBAG, TQ: RAIBAG, DIST: BELAGAVI.
2. SRI. SIDHARTH S/O. VIVEK GADAVE,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHAMOPAGADH BUNGLOW,
BEHIND LIC COLONY, 100 FT ROAD, SANGLI,
DIST: SANGLI, MAHARASHTRA-416416.
...RESPONDENTS
(BY SMT. BHARATHI G. BHAT, ADV. FOR R1;
NOTICE TO R2 DISPENSED WITH)
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NC: 2024:KHC-D:6045
MFA No. 102513 of 2016
C/W MFA.CROB No. 100078 of 2018
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH MVC NO.1683/2014 ON THE FILE OF THE COURT
OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL RAIBAG, AT: RAIBAG,
EXAMINE THE SAME AND MODIFY THE AWARD DATED 16-05-2016
AND TO REDUCE THE COMPENSATION TO JUST LEVEL IN THE
INTEREST OF JUSTICE.
IN MFA CROB NO.100078/2018
BETWEEN:
SRI. SUNIL S/O. SANGAPPA THANED,
AGED ABOUT 33 YEARS, OCC: ASSISTANT PROFESSOR,
R/O. MUDDEBIHAL, TQ: MUDDEBIHAL,
DIST: VIJAYAPURA, NOW R/O. PLOT NO.3,
KEB ROAD, TQ: RAIBAG, DIST: BELAGAVI.
...CROSS OBJECTOR
(BY SMT. BHARATHI G. BHAT, ADVOCATE)
AND:
1. SRI. SIDHARTH S/O. VIVEK GADAVE,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHAMOPAGADH BUNGLOW,
BEHIND LIC COLONY, 100 FT ROAD, SANGLI,
DIST: SANGLI, MAHARASHTRA-416416.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LIMITED,
SIDHIVINAYAKA COMPLEX, NEAR TATA PETROL PUMP,
MIRAJ ROAD, SANGLI, MAHARASHTRA-416416.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.102513/2016 IS FILED UNDER
ORDER XLI RULE 22 OF CPC, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 16-05-2016, PASSED
BY THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL, RAIBAG, IN M.V.C NO.1683/2014, BY ENHANCING THE
COMPENSATION UNDER ALL PERMISSIBLE HEADS IN THE INTEREST
OF JUSTICE.
THIS APPEAL AND CROB, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 102513 of 2016
C/W MFA.CROB No. 100078 of 2018
JUDGMENT
Though this appeal as well as cross objection are listed
for admission, with the consent of learned counsel for the
parties, they are taken up for final disposal.
2. MFA No.102153/2016 is filed by the insurance
company challenging the quantum of compensation, whereas,
MFA Crob No.100078/2018 is filed by the injured-claimant
seeking enhancement of compensation. Both the appeal and
cross objection are filed being aggrieved by the judgment and
award dated 16.05.2016 passed in MVC.No.1683/2014 by the
Senior Civil Judge & MACT, Raibag, (for short, 'Tribunal').
3. Heard the learned counsel Smt.Preethi Shashank
for the appellant/insurance company and learned counsel
Smt.Bharathi G.Bhat, for the cross-objector/injured.
4. Learned counsel for the insurance company submits
that the Tribunal has committed an error in awarding
compensation under the head of loss of future income to the
injured-claimant. Admittedly, the injured continued with his
employment after the accident, hence, there cannot be any
award of compensation under the head of loss of future income
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C/W MFA.CROB No. 100078 of 2018
to the injured-claimant as he has not lost any income due to
the accidental injuries. It is submitted that that the award of
interest by the Tribunal at 9% p.a. is on the higher side, which
requires to be modified appropriately by allowing the appeal
filed by the insurance company.
5. Per contra, learned counsel for the cross-
objector/injured submits that the injured-claimant has
produced additional documents in the appeal which clearly
indicate that the income of the injured has been drastically
reduced, hence, the Tribunal is justified in awarding
compensation under the head of loss of future income due to
disability. It is submitted that the Tribunal has committed an
error in assessing the disability of the injured at 5%, hence,
seeks to re-assess the same by dismissing the appeal filed by
the insurance company and by allowing the cross objection filed
by the injured-claimant.
6. I have heard the learned counsel for the parties and
perused the material available on record including the Tribunal
records.
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C/W MFA.CROB No. 100078 of 2018
7. It is not in dispute that on 13.01.2014 the injured-
claimant met with a road accident and sustained fracture of
both legs and taken treatment. In support of his claim, the
injured-claimant examined himself as PW-1 and PW-2 doctor
who has deposed before the Tribunal that the injured-claimant
has sustained 30% disability. Considering the said evidence
and by assessing the income of the injured at Rs.38,000/-
p.m., the Tribunal awarded the compensation under the head
of loss of future income. The material available on record
clearly indicates that the injured-claimant has not lost the job
due to accidental injures. Hence, the Tribunal has committed an
error in awarding Rs.3,87,600/- under the head of loss of
future income, which the injured-claimant is not entitled to.
8. PW-2, in his evidence, has clearly deposed that the
injured-claimant is in need of future medical treatment, taking
note of the same, this Court awards compensation of
Rs.30,000/- under the head of future medical expenses.
Similarly, the claimant was in-patient for a period of 12 days
and both the legs were fractured, hence, he has taken bed rest
for a period of 3 ½ months, hence, the claimant-injured is
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C/W MFA.CROB No. 100078 of 2018
entitled to compensation of Rs.1,54,236/- (Rs.38,559 X 4)
under the head of loss of income during the laid-up period.
9. On re-appreciation of the oral testimony of PW-2,
disability certificate, wound certificate and other medical
evidence available on record, this Court is of the considered
view that the injured-claimant has sustained fracture of both
legs and hence, it would be just and appropriate to award the
following compensation:
Particulars Amount
(in Rs.)
Pain & suffering 60,000
Medical expenses 1,90,000
Conveyance, attendant, nourishment 20,000
& Miscellaneous charges
Loss of amenities 50,000
Future medical expenses 30,000
Loss of income during laid-up period 1,54,236
Total 5,04,236
Thus, the cross-objector/claimant are entitled to total
compensation of Rs.5,04,236/- as against Rs.5,92,600/-
awarded by the Tribunal.
10. The Tribunal committed an error in granting rate of
interest at 9% per annum on the compensation amount.
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C/W MFA.CROB No. 100078 of 2018
Taking note of present bank rate of interest, the cross-objector
would be entitled to interest at the rate of 6% per annum on
the entire compensation amount.
11. In the result, I proceed to pass the following:
ORDER
a) Both appeal and cross objection are allowed-
in-part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
cross-objector/claimant would be entitled to
total compensation of Rs.5,04,236/- as
against Rs.5,92,600/- awarded by the
Tribunal
c) The modified compensation amount 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) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
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C/W MFA.CROB No. 100078 of 2018
f) The amount in deposit, if any, shall be
transmitted to the Tribunal.
g) Draw modified award accordingly.
h) In view of the disposal of the cross-objection,
pending application, if any, does not survive
for consideration.
Sd/-
JUDGE
BSR
Ct-an
