Karnataka High Court
Bhoju S/O Kheeru Pawar vs Parushuram And Ors on 2 April, 2024
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NC: 2024:KHC-K:2764
MFA No. 201874 of 2019
C/W MFA No. 201873 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 201874 OF 2019 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 201873 OF 2019
IN MFA 201874 OF 2019
BETWEEN:
BHOJU S/O KHEERU PAWAR,
AGE: 33 YEARS, OCC: DRIVER,
R/O.BANJARA NAGAR,
TQ & DIST: VIJAYAPURA-586 101.
...APPELLANT
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
Digitally
signed by
SACHIN AND:
Location:
HIGH COURT
OF
KARNATAKA 1. PARUSHURAM S/O JAPU RATHOD,
AGE: 43 YEARS, OCC: BUSINESS,
R/O.KESARAL L.T.NO.2,
TORAVI, TQ & DIST: VIJAYAPURA-586 101.
2. CHIDANAND S/O APPASAHEB JUMANAL,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. TIKOTA, TQ: VIJAYAPURA,
DIST: VIJAYAPURA-586 101.
3. THE MANAGER LEGAL,
SHRIRAM GENERAL INSURANCE CO. LTD.,
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MFA No. 201874 of 2019
C/W MFA No. 201873 of 2019
S-5, 2ND FLOOR, MONARCH CHAMBERS,
INFRONTARY ROAD, BANGALURU-01.
4. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
PORWAL BUILDING, 1ST FLOOR,
BEHIND S.S. TEMPLE, VIJAYAPUR,
DIST: VIJAYAPUR-586 101.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R-3;
SRI AJAY JAWALI, ADVOCATE FOR SRI SHARANABASAPPA M.
PATIL, ADVOCATE FOR R-4; NOTICE TO R-1 SERVED V/O
DATED 06.09.2022, NOTICE TO R-2 IS HELD SUFFICENT)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 07.08.2019
PASSED IN MVC NO.440/2016 ON THE FILE OF THE COURT OF
THE IV ADDL. DIST. AND SESSIONS JUDGE AND MEMBER OF
MACT NO.XIII, VIJAYAPUR AT VIJAYAPUR AND ALLOW THIS
APPEAL TO GRANT THE COMPENSATION OF AMOUNT BY
RS.8,12,800/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA 201873 OF 2019
BETWEEN:
DASHRAT S/O BHIMAPPA @
BHIMASI BELLUBI,
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O.HALLADGENNUR,
TQ: BASAVANA BAGHEWADI,
DIST: VIJAYAPURA-586101
NOW RESIDING AT IBRAHIMPURPETH,
VIJAYAPUR.
...APPELLANT
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
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MFA No. 201874 of 2019
C/W MFA No. 201873 of 2019
AND:
1. PARUSHURAM S/O JAPU RATHOD,
AGE: 43 YEARS, OCC: BUSINESS,
R/O.KESARAL L.T.NO.2,
TORAVI, TQ & DIST: VIJAYAPURA-586 101.
2. CHIDANAND S/O APPASAHEB JUMANAL,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. TIKOTA, TQ: VIJAYAPURA,
DIST: VIJAYAPURA-586 101.
3. THE MANAGER LEGAL,
SHRIRAM GENERAL INSURANCE CO. LTD.,
S-5, 2ND FLOOR, MONARCH CHAMBERS,
INFRONTARY ROAD, BANGALURU-01.
4. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
PORWAL BUILDING,
1ST FLOOR, BEHIND S.S. TEMPLE,
VIJAYAPUR, DIST: VIJAYAPUR-586 101.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R-3;
SRI AJAY JAWALI, ADVOCATE FOR SRI SHARANABASAPPA M.
PATIL, ADVOCATE FOR R-4; NOTICE TO R-1 & R-2 SERVED)
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Koujalagi Chandrakanth Laxman, learned
counsel for the appellants as well as Smt.Sangeeta
Bhadrashetty, learned counsel for respondent No.3 and
Sri Ajay Jawali, learned counsel who is representing
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Sri Sharanabasappa M.Patil, learned counsel on record for
respondent No.4.
2. Challenge in both the appeals is the common
order that is rendered by the Motor Accident Claims
Tribunal-13, Vijayapur in M.V.C.No.439/2016 and
M.V.C.No.440/2016 dated 07.08.2019. While claimant in
M.V.C.No.439/2016 preferred M.F.A.No.201873/2019, the
claimant in M.V.C.No.440/2016 preferred
M.F.A.No.201874/2019. The grievance in both the appeals
is that the amount awarded as compensation through the
impugned order is unjustifiable and that a higher sum
ought to have been awarded as compensation.
3. On this day, making his submission
Sri Koujalagi Chandrakant Laxman submits that both the
appellants sustained grievous injuries during the course of
the same accident and became permanently disabled.
Learned counsel states that both of them were earning
more than Rs.15,000/- per month as Labourers, but the
Tribunal assessing their income as Rs.250/- per day which
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comes to Rs.7,500/- per month, calculated the loss of
earnings due to disability which is unjustifiable. On the
other hand, Smt.Sangeeta Bhadrashetty submits that the
amount awarded as compensation under all heads by the
Tribunal is highly justifiable and therefore, the awards
needs no interference.
4. Admittedly, the accident occurred in the year
2015. As rightly contended, the Karnataka State Legal
Services Authority is taking the notional income as
Rs.8,000/- per month in respect of the claims that are laid
with regard to the accident that occurred in the year 2015
and is resolving the disputes. Having considered the said
fact, this Court considers desirable to take the notional
income of both the appellants as Rs.8,000/- per month.
5. So for as the claimant in M.V.C.No.439/2016 is
concerned, he sustained fracture of right wrist and fracture
of left wrist which are grievous in nature. It is not in
dispute that he took treatment as inpatient for a period of
six days. This Court does not find any reason to interfere
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with the finding given by the Tribunal that the disability to
be assessed in respect of whole body is 13.5%. Therefore,
taking the notional income of the claimant in
M.V.C.No.439/2016 which is corresponding to
M.F.A.No.201873/2019 as Rs.8,000/- per month, the loss
of earning power due to disability would be as under :-
Monthly income Rs.8,000/-
On adding 25% towards future prospects Rs.10,000/-
Annual income Rs.1,20,000/-
On applying multiplier '14' Rs.16,80,000/-
Loss of earnings due to disability of Rs.2,26,800/-
13.5%
Thus, the amount of compensation which the
appellant in M.F.A.No.201873/2019 is entitled to under
different heads would be as under :-
Sl. Compensation awarded by
Heads
No. Tribunal This Court
1. Loss of earnings due to Rs.1,70,000/- Rs.2,26,800/-
disability
2. Loss of income during Rs.30,000/- Rs.30,000/-
laid-up period
3. Medical expenses Rs.22,000/- Rs.22,000/-
4. Pain and suffering for two Rs.1,00,000/- Rs.1,00,000/-
grievous injuries
5. Nourishment Rs.12,000/- Rs.12,000/-
6. Conveyance Rs.5,000/- Rs.5,000/-
Total Rs.3,39,000/- Rs.3,95,800/-
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6. Coming to the claimant in M.V.C.No.440/2016,
it is not in dispute that he sustained fracture of left tibia
and fibula and that he took treatment as inpatient for 12
days. Also it is not in dispute that he was aged about 32
years by the date of accident. Taking into consideration
the notional income as Rs.8,000/- per month and adding
40% towards future prospects, the loss of earnings due to
disability would be as under :-
Monthly income Rs.8,000/-
On adding 40% towards future prospects Rs.11,200/-
Annual income Rs.1,34,400/-
On applying multiplier '16' Rs.21,50,400/-
Loss of earnings due to disability of Rs.2,90,304/-
13.5%
Thus, the appellant in M.F.A.No.201874/2019 is
entitled to the compensation under the following heads :
Sl. Compensation awarded by
Heads
No. Tribunal This Court
1. Loss of earning due Rs.1,94,400/- Rs.2,90,304/-
to permanent
disability
2. Loss of income Rs.30,000/- Rs.30,000/-
during laid-up period
3. Medical expenses Rs.45,800/- Rs.45,800/-
4. Pain and suffering Rs.50,000/- Rs.50,000/-
5. Nourishment Rs.12,000/- Rs.12,000/-
6. Conveyance Rs.5,000/- Rs.5,000/-
Total Rs.3,37,200/- Rs.4,33,104/-
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7. This Court does not find any other grounds
expect in respect of enhancement of amount to the extent
indicated to interfere with the impugned order. Thus, the
following :
ORDER
i) Both the appeals are allowed in part.
ii) The amount awarded as compensation by the
Motor Accident Claims Tribunal-13, Vijayapur
through orders in M.V.C.No.439/2016 dated
07.08.2019 is enhanced from Rs.3,39,000/-
to Rs.3,95,800/-.
iii) The amount awarded as compensation by the
Motor Accident Claims Tribunal-13, Vijayapur
through orders in M.V.C.No.440/2016 dated
07.08.2019 is enhanced from Rs.3,37,200/-
to Rs.4,33,104/-.
iv) The enhanced amount shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
v) The respondent Nos.3 and 4 are directed to
deposit their respective shares as ordered by
the Tribunal within a period of eight weeks
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from the date of receipt of copy of this
judgment.
vi) On such deposit, both the appellants are
entitled to withdraw the entire amount.
Sd/-
JUDGE
SN
