Karnataka High Court
Annapurna Arun Kamat vs Sri Sujith Alva S/O. Krishna Alva on 3 April, 2024
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NC: 2024:KHC-D:6088
MFA No. 100419 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100419 OF 2022 (MV-I)
BETWEEN:
ANNAPURNA ARUN KAMAT,
AGED ABOUT 42 YEARS, OCC: NIL,
R/O. MARIKAMBA TEMPLE STREET,
BANAVASI ROAD, DODALI BHAVI ONI,
SIRSI-581401, UTTARA KANNADA DISTRICT.
...APPELLANT
(BY SRI. LINGESH V. KATTEMANE, ADVOCATE)
AND:
1. SRI. SUJITH ALVA S/O. KRISHNA ALVA,
AGED ABOUT 39 YEARS, OCC: BUSINESS,
R/O. YATHAMOGARU, GUTTU HOUSE,
KANDAVARA (PAND V), MANGALORE-575001.
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO. LTD,
Digitally signed MANGALORE-575001.
by ROHAN
HADIMANI T
Location: HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1989, AGAINST THE JUDGMENT AND AWARD DATED 21.04.2021
PASSED IN MVC NO.299/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
SIRSI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6088
MFA No. 100419 of 2022
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 21.04.2021 passed in MVC
No.299/2017 on the file of Senior Civil Judge and Addl.
Member, MACT, Sirsi (for short, 'Tribunal').
3. I have heard the learned counsel Sri. Lingesh V
Kattemane 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 not awarding compensation
under the head of loss of future income due to disability. It is
submitted that the Tribunal has recorded a finding at
paragraph-26 of its judgment with regard to injuries sustained
by the appellant, however, it has not awarded any
compensation under the head of loss of future income due to
disability. Hence, he seeks to award compensation on the head
NC: 2024:KHC-D:6088
of loss of future earnings of the appellant due to disability. He
further submits that the award of compensation by the Tribunal
under the other heads are on the lower side. Hence, he seeks
enhancement of the same appropriately by allowing the appeal.
5. Per contra, learned counsel for respondent/Insurer
submits that though the appellant examined the doctor as PW2,
he has not deposed before the Tribunal with regard to disability
nor has issued Disability Certificate. Hence, the appellant is not
entitled to any compensation under the head of loss of future
earning due to disability. He further submits that as the
appellant has sustained two fractures i.e. fracture of posterior
arch C1 & C2 vertebra, he is not entitled to any enhanced
compensation. 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.
7. It is not in dispute that on 9.10.2016, the
appellant/injured met with road accident and sustained two
fractures referred supra. The medical records available on
record indicate that the appellant initially took treatment at
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Department of Neurosurgery, Goa Medical College, Bambolim-
Goa and thereafter at SDM College of Medical Science and
Hospital, Dharwad. In order to prove the claim, the appellant
examined herself as PW1 and examined the doctor as PW2,
who has deposed that the appellant has sustained two fractures
and they are serious in nature and he also deposed that
surgery has been conducted on the appellant. A perusal of the
medical records of Goa Medical College and Ex.P67-Wound
Certificate indicate that the appellant has sustained other
fractures also. Taking note of oral testimony of PW2 and other
medical evidence available on record, this Court assesses the
disability of the appellant at 10% for the purpose of
determining the compensation. This Court assesses the
notional income of the appellant at Rs.8,750/- per month
placing reliance on the notional income chart prepared by the
KSLSA. There is no dispute with regard to age of the appellant
as 36 years and appropriate multiplier of 15. Thus, the
appellant is entitled to modified compensation on the head of
loss of future income due to disability as under:
Rs.8,750 x 12 x 15 x 10% = Rs.1,57,500/-
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8. Taking note of oral testimony of PW2 and other
medical records available on record, it is just and appropriate to
award a sum of Rs.35,000/- towards pain and suffering as
against Rs.25,000/- and a sum of Rs.35,000/- towards loss of
amenities as against Rs.25,000/- awarded by the Tribunal. The
appellant is entitled to a sum of Rs.19,000/- towards food,
nourishment, attendant and transportation charges as against
Rs.9,000/-awarded by the Tribunal. The award of compensation
by the Tribunal under the head of medical expenses of
Rs.16,000/- and Rs.30,000/- towards laid-up charges are
just and proper, which do not call for any modification. Thus,
the appellant is entitled to modified compensation on the
following heads:
Pain and suffering Rs. 35,000/-
Loss of amenities Rs. 35,000/-
Food, nourishment & attendant charges Rs. 19,000/-
Laid-up charges Rs. 30,000/-
Loss of future income due to disability Rs.1,57,500/
Medical expenses Rs. 16,000/-
-----------------
Total Rs.2,92,500/-
-----------------
9. Thus, the appellant is entitled to total compensation
of Rs.2,92,500/- as against Rs.1,05,000/- awarded by the
Tribunal.
NC: 2024:KHC-D:6088
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.2,92,500/- as against Rs.1,05,000/-
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, insofar as its liability, 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.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
