Karnataka High Court
Lahu Digambar Divase vs Vishal Kisandas Shah And Anr on 3 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-K:2789-DB
MFA No.203730 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO.203730 OF 2023 (MV-I)
BETWEEN:
LAHU DIGAMBAR DIVASE
AGE: 53 YEARS
OCC: BUSINESS
R/O SHANIWARPETH SHARAD COLONY
MANGALWEDA
NOW AT BAGALKOT CROSS
SUGANDHI CHAWL
VIJAYAPURA - 586 101.
...APPELLANT
Digitally signed by (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH
COURT OF
AND:
KARNATAKA
1. VISHAL KISANDAS SHAH
AGE: MAJOR
OCC: BUSINESS
R/O FLAT NO.8 BLDG NO.9
PLEASANT PARK SOCIETY
OPPOSITE FATIMA NAGAR
BHIROBANAL, HADAPSAR
PUNE - 411 028
(MAHARASHTRA STATE)
-2-
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MFA No.203730 of 2023
2. THE MANAGER
THE NEW INDIA ASSURANCE CO LTD.,
S.S. FRONT ROAD
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADVOCATE FOR R2;
V/O DATED 22.11.2023, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 05-12-2022 PASSED IN
M.V.C.NO.673/2019 ON THE FILE OF THE COURT OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.XV, VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT BY RS.32,22,300/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE COURT IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act')
has been filed by the claimant being aggrieved by the
judgment and award dated 05.12.2022 passed by the IV
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Additional Senior Civil Judge and MACT-XV, Vijayapura in
MVC No.673/2019.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 04.05.2018 at about 1.00 a.m.,
near Khomanal Naka on Barol-Sangola road when the
claimant was proceeding on his motorcycle, at that time, a
car came from rear side being driven by its driver in high
speed and in rash and negligent manner and dashed to the
motorcycle resulting in the accident. As a result of the
aforesaid accident, the claimant sustained grievous
injuries and was hospitalized.
3. The claimant filed a petition under Section 166
of the Act seeking compensation. It was pleaded that he
spent huge amount towards medical expenses,
conveyance charges, etc. It was further pleaded that the
accident occurred purely on account of the rash and
negligent driving of the offending vehicle by its driver.
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4. On service of notice, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1 did not appear before the Tribunal inspite
of service of notice and was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant himself was examined as PW-1
and Dr.S.V.Havinal, was examined as PW-2 and got
exhibited documents namely Ex.P1 to Ex.P17. On behalf
of the respondent No.2, one witness was examined as RW-
1 and got exhibited documents namely Ex.R1 to Ex.R2.
The Claims Tribunal, by the impugned judgment, inter
alia, held that the accident took place on account of rash
and negligent driving of the offending vehicle by its driver,
as a result of which, the claimant sustained injuries. The
Tribunal further held that the claimant is entitled to a
compensation of Rs.5,77,700/- along with interest at the
rate of 6% p.a. and directed the respondent No.2 to
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deposit the compensation amount along with interest.
Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant has
contended that due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 24 days. Even after discharge from the
hospital, he was not in a position to discharge his regular
work. He has suffered lot of pain during treatment.
Considering the same, the compensation awarded by the
Tribunal under the heads of 'loss of amenities', 'pain and
sufferings' and other incidental expenses are on the lower
side. Hence, he sought for allowing the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has raised the following counter
contentions:
a) Firstly, the injuries suffered by the claimant are
minor in nature. He was inpatient only for a period of 24
days. Considering the evidence of doctor and medical
records, the overall compensation awarded by the Tribunal
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under the heads of 'loss of amenities', 'pain and sufferings'
and other incidental expenses are just and reasonable and
do not call for interference.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has
sustained injuries in the road traffic accident occurred on
04.05.2018 due to rash and negligent driving of the car by
its driver.
10. Due to the accident the claimant has suffered
fracture of right clavicle bone. Dr.S.V.Havinal was
examined as PW.2. In his evidence, he has deposed that
claimant has suffered 10% disability in respect of upper
limb. Considering the evidence of doctor and medical
records produced by the claimants, Ex.D10 discharge
summary and medical bills at Ex.P12 to 14, we are of the
opinion that the compensation awarded by the Tribunal
under the heads of 'pain and suffering' is to be enhanced
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from Rs.30,000/- to Rs.40,000/-, 'loss of amenities' has
to be enhanced from Rs.10,000/- to Rs.40,000/- and
attendance and conveyance charges has to be enhanced
from Rs.6,000/- to Rs.16,000/-.
11. Considering the nature of injuries, the
compensation awarded by the Tribunal under other heads
is just and reasonable.
12. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
Compensation under by the by this Court
different Heads Tribunal (Rs.)
(Rs.)
Pain and sufferings 30,000 40,000
Medical expenses 4,65,095 4,65,095
Food, nourishment, special 5,000 5,000
diet
Attendant charges and 6,000 16,000
conveyance charges
Loss of income during laid 23,500 23,500
up period
Loss of amenities 10,000 40,000
Loss of future income 38,016 38,016
Total 577,611 627,611
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13. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.6,27,611/-.
d) The Insurance Company is directed to deposit the
compensation amount along with interest
@ 6% p.a. from the date of filing of the claim
petition till the date of realization, within a period of
six weeks from the date of receipt of copy of this
judgment.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
CT:Vk
