Karnataka High Court
P M Hider Ali S/O Peerasab vs Ravi N.T. S/O Thippeswamy C on 2 April, 2024
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NC: 2024:KHC-D:6052
MFA No. 102802 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. 102802 OF 2019 (MV-I)
BETWEEN:
P. M. HIDER ALI S/O. PEERASAB,
AGE: 28 YEARS, OCC: AUTO DRIVER,
R/O. C/O. NETTAR KALLAPPA, SHASTRINAGAR,
1ST CROSS, BALLARI-583101.
...APPELLANT
(BY SRI. MANJUNATH JADAI, ADVOCATE)
AND:
1. RAVI N. T, S/O. THIPPESWAMY C,
AGE: 28 YEARS, DRIVER OF LORRY
BEARING NO.KA-17/B-6145,
R/O. NO.6 MUSTURU VILLAGE (POST),
JAGALUR TALUK, DAVANGERE DISTRICT-577528.
2. THIPPESWAMY S/O. NINGAPPA,
AGE: 51 YEARS, DRIVER OF LORRY
BEARING NO.KA-17/B-6145,
R/O. NO. 6, MUSTURU VILLAGE (POST),
JAGALUR TALUK, DAVANGERE DISTRICT-577528.
Digitally
signed by
JAGADISH T R 3. THE DIVISIONAL MANAGER,
Location: M/S. NATIONAL INSURANCE CO. LTD,
HIGH COURT
OF DIVISIONAL OFFICE, MAIN RAOD,
KARNATAKA PARVATHINAGAR, BALLARI-583101.
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R3;
NOTICE TO R1 AND R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DT: 06.02.2019 PASSED IN MVC NO.889/2017 ON THE
FILE OF I ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-V,
BALLARI, AND ENHANCE THE COMPENSATION BY ALLOWING THE
APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6052
MFA No. 102802 of 2019
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 6.2.2019 passed in MVC
No.889/2017 on the file of I Addl. Senior Civil Judge and
Member, MACT-V, Ballari (for short, 'Tribunal').
3. I have heard the learned counsel Sri. Manjunath
Jadai for the appellant/injured and learned counsel Sri.M.Y.
Katagi for the respondent/Insurance Company.
4. Learned counsel for the appellant submits that the
Tribunal committed an error in assessing the income of the
appellant at Rs.7,500/- per month. It is submitted that the
appellant/injured was working as driver of Auto-rickshaw prior
to the accident and he has produced Driving License at Ex.P13
before the Tribunal. Hence, he seeks to re-assess the same
taking note of earnings of the driver of Auto-rickshaw for the
year 2017. It is submitted that the Tribunal awarded meager
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compensation under the head of pain and suffering and other
heads, which are required to be enhanced. He further submits
that the Tribunal has not awarded any compensation under the
head of loss of income during laid-up period. It is further
submitted that the appellant is entitled to compensation under
the head of future medical expenses. Hence, he seeks to allow
the appeal by awarding compensation appropriately.
5. Per contra, learned counsel for respondent/Insurer
submits that the appellant has not placed any evidence before
the Tribunal with regard to his income. Hence, assessment of
income of the appellant/injured by the Tribunal is just and
proper and does not call for interference. He submits that the
Tribunal considering the evidence available on record and
having taken note of injuries suffered by the appellant,
awarded just and proper compensation, 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 including the Tribunal
records.
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7. It is not in dispute that on 27.05.2017, the
appellant/injured met with road accident and sustained fracture
of right tibia 6th metatarsal bone, comminuted fracture of
middle 1/3rd of left radius, fracture of medial condyle right
femur and right knee, swelling and deformity over left forearm,
swelling over right foot 10 x 10 cms with abrasions of 1 x 0.5
cms and swelling present over right knee with abrasions 1 x 1
cms red in colour. In support of his claim, the appellant
examined himself as PW1 and deposed that he was working as
Auto driver and to that effect, he has produced Ex.P13-DL
before the Tribunal. Considering the pleadings and oral
testimony of PW1 and considering Ex.P13-DL, this Court re-
assesses the income of the appellant/injured at Rs.13,000/- per
month. The Tribunal has rightly assessed the disability of the
appellant at 12%, which is not disturbed. The evidence
available on record indicates that the date of birth of the
appellant is 10.08.1990. Taking note of the same, the age of
the appellant as on the date of the accident is 27 years and
appropriate multiplier would be 17. Thus, the appellant is
entitled to modified compensation on the head of loss of future
income due to disability as under:
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Rs.13,000 x 12 x 17 x 12% = Rs.3,18,240/-
8. Taking note of injuries suffered by the appellant
referred supra and oral testimony of PW2-doctor, this Court
would award a sum of Rs.50,000/- towards pain and suffering
as against Rs.20,000/- awarded by the Tribunal and a sum of
Rs.40,000/- is awarded towards loss of amenities and
Rs.39,000/- is awarded towards loss of income during laid-up
period, which the Tribunal has not awarded. The award of
compensation by the Tribunal under the head of food,
nourishment and attendant charges of Rs.20,000/- and
Rs.15,473/- towards medical expenses are just and proper,
which do not call for interference. Taking note of oral
testimony of PW2-doctor, the appellant is entitled to a sum of
Rs.30,000/- towards future medical expenses. Thus, the
appellant is entitled to modified compensation on the following
heads:
Pain and suffering Rs. 50,000/-
Loss of amenities Rs. 40,000/-
Food, nourishment & attendant charges Rs. 20,000/-
Loss of income during laid-up period Rs. 39,000/-
Loss of future income due to disability Rs.3,18,240/
Medical expenses Rs. 15,473/-
Future medical expenses Rs. 30,000/-
-----------------
Total Rs.5,12,713/-
-----------------
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9. Thus, the appellant is entitled to total compensation
of Rs.5,12,713/- as against Rs.2,49,873/- 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.5,12,713/- as against Rs.2,49,873/-
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.
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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
