Karnataka High Court
Hugar Tayappa S/O Devappa Hugar vs Devappa S/O Kanteppa Hugar on 2 April, 2024
-1-
NC: 2024:KHC-D:6051
MFA No. 101759 of 2019
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. 101759 OF 2019 (MV)
BETWEEN:
HUGAR TAYAPPA S/O. DEVAPPA HUGAR,
AGED ABOUT: 39 YEARS, OCC: R.N.AGRI SEEDS
PVT CO. LTD, R/O. WARD NO.2, MARALI,
TQ: GANGAVATHI, DIST: KOPPAL-583277.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATES)
AND:
1. DEVAPPA S/O. KANTEPPA HUGAR,
AGED ABOUT 41 YEARS, OCC: DRIVER OF CAR
BEARING NO: KA-28/M-4031, R/O. MARALI,
TQ: GANGAVATHI, DIST: KOPPAL-583277.
2. KADAPPA S/O. KUNTEPPA HUGAR,
AGED ABOUT 76 YEARS, OCC: OWNER OF CAR
BEARING NO.KA-28/M-4031, R/O. TALIKOTI,
MUDDEBIHAL TALUK, DIST: VIJAYAPUR, NOW R/AT.
Digitally signed MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583277.
by JAGADISH T
R
Location: HIGH 3. THE BRANCH MANAGER,
COURT OF
KARNATAKA UNITED INDIA INSURANCE COMPANY LIMITED,
HOTEL SANMAN TOURIST COMPLEX,
CBS CIRCLE, KUSHTAGI ROAD, ISLAMPUR,
GANGAVATHI, DIST: KOPPAL-583277.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 07.02.2019
PASSED BY THE SENIOR CIVIL JUDGE AND M.A.C.T, AT:
GANGAVATHI, IN MVC NO.96/2017 BY ENHANCING THE
COMPENSATION OF RS. 14,50,000/- TO THE APPELLANT AND ETC.
-2-
NC: 2024:KHC-D:6051
MFA No. 101759 of 2019
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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 claimant/injured seeking
enhancement of compensation being aggrieved by the
judgment and award dated 7.2.2019 passed in MVC
No.96/2017 on the file of Senior Civil Judge and Member,
MACT, Gangavathi (for short, 'Tribunal').
3. I have heard the learned counsel Smt.Soubhagya
Vakkund for Sri. Y. Lakshmikant Reddy, for the
appellant/injured and learned counsel Sri.S.S. Koliwad for the
respondent/Insurance Company.
4. Learned counsel for the appellant submits that the
Tribunal has committed an error in assessing the income of the
appellant at Rs.10,000/- per month notionally, by ignoring
Ex.P40 and P43 to P45. Hence, she seeks to re-assess the
income of the injured at Rs.19,520/- per month. It is further
submitted that PW2-doctor, who treated the appellant/injured,
NC: 2024:KHC-D:6051
has deposed that the appellant has sustained disability to the
extent of 30% to the whole body, however, the Tribunal has
wrongly assessed the disability of the appellant at 12%.
Hence, she seeks to re-assess the same. She further submits
that the award of compensation by the Tribunal on the other
heads are also on the lower side, hence, requires enhancement.
Thus, she seeks to allow the appeal by awarding compensation
appropriately.
5. Per contra, learned counsel for respondent/Insurer
supports the impugned judgment and award of the Tribunal
and submits that the Tribunal has declined to consider the
Salary Certificate at Ex.P40, on the ground that the author of
the said document has not been examined before the Tribunal.
He further submits that the award of compensation by the
Tribunal under other heads are just and proper, which does not
call for interference. Hence, he seeks dismissal of the appeal.
6. I have heard the learned counsel for the parties and
perused the material available on record.
7. It is not in dispute that on 25.12.2016, the
appellant/injured met with road accident and sustained injuries.
NC: 2024:KHC-D:6051
The material available on record indicates that the appellant
was working as Sales Manager in R.N. Agri Seeds Private
Company Limited and drawing a salary of Rs.19,520/- per
month, as is evident from Ex.P40. No doubt, the author of
Ex.P40-Salary Certificate has not been examined before the
Tribunal by the injured/appellant. The income tax returns for
the years 2012-13 to 2014-15 indicates that the appellant was
drawing salary of Rs.19,520/- per month. Hence, this Court
taking note of the same, re-assesses the income of the
appellant/injured at Rs.19,520/- per month. In order to
establish the injuries and disability, the appellant examined
Dr.Mallanagouda H, who entered witness box and deposed that
the appellant has sustained disability to the extent of 30% to
the whole body. The evidence of PW2-Doctor further indicates
that the appellant has sustained comminuted fracture of left
humerus with displacement. In view of the same, this Court
re-assesses the disability of the appellant at 15%. There is no
dispute with regard to age of the appellant as 42 years and
appropriate multiplier of 14. Thus, the appellant is entitled to
modified compensation on the head of loss of future income
due to disability as under:
NC: 2024:KHC-D:6051
Rs.19,520 x 12 x 14 x 15% = Rs.4,91,904/-
8. Taking note of the injuries suffered by the
appellant referred supra and oral testimony of PW2-doctor, this
Court would award a sum of Rs.30,000/- towards pain and
suffering as against Rs.10,000/-, a sum of Rs.30,000/-
towards loss of amenities as against Rs.10,000/-, a sum of
Rs.15,000/- towards diet, nourishment, attendant charges
and conveyance as against Rs.10,000/- and a sum of
Rs.58,560/- towards loss of income during laid-up period as
against Rs.30,000/- by the Tribunal. The award of
compensation by the Tribunal under the head of Rs.40,942/-
towards medical expenses is just and proper, which does not
call for interference. Thus, the appellant is entitled to modified
compensation on the following heads:
Pain and suffering Rs. 30,000/-
Loss of amenities Rs. 30,000/-
Diet, nourishment & attendant charges Rs. 15,000/-
Loss of income during laid-up period Rs. 58,560/-
Loss of future income due to disability Rs.4,91,904/-
Medical expenses Rs. 40,942/-
-----------------
Total Rs.6,66,406/-
-----------------
NC: 2024:KHC-D:6051
9. Thus, the appellant is entitled to total compensation
of Rs.6,66,406/- as against Rs.3,02,542/- awarded by the
Tribunal.
10. 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.6,66,406/- as against Rs.3,02,542/-
awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till realization.
d) The respondent/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.
NC: 2024:KHC-D:6051
e) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
