Karnataka High Court
Sudhakar Mahadev Bate vs Subhash Jotiba Hande on 3 April, 2024
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NC: 2024:KHC-D:6078
MFA No. 100707 of 2020
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. 100707 OF 2020 (MV-I)
BETWEEN:
SUDHAKAR MAHADEV BATE,
AGE: 46 YEARS, OCC: NIL,
R/O. H.NO. 308, SHAHAPURKAR HOUSE,
MUJAWAR GALLI, BELAGAVI, PIN-590001.
...APPELLANT
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
1. SUBHASH JOTIBA HANDE,
AGE: MAJOR, OCC: BUSINESS,
R/O.H.NO. 1169, KONAWAL GALLI,
BELAGAVI, PIN-590001.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO, LTD,
D.O. 3957/184/A, SHANBHAG PLAZA,
1ST FLOOR, BEHIND HOTEL SANMAN
Digitally
signed by DELUXE NEAR GANDI BHAVAN,
JAGADISH T R
Location:
COLLEGE ROAD, BELAGAVI-590001.
HIGH COURT ...RESPONDENTS
OF
KARNATAKA (BY SRI. N. R. KUPPELUR, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 24.09.2019
PASSED IN MVC NO.485/2018 ON THE FILE OF THE XI ADDITIONAL
DISTRICT JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BELAGAVI, 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:6078
MFA No. 100707 of 2020
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 injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 24.09.2019 passed in
MVC.No.485/2018 by the XI Addl. District & Addl.MACT,
Belagavi (for short, 'Tribunal').
3. Heard Sri.Prashant Mathapati, learned counsel for
the appellant-injured and Sri.N.R.Kuppellur, learned counsel for
the respondent No.2-insurance company.
4. Learned counsel for the appellant submits that the
Tribunal has committed an error in assessing the income as
well as the disability of the injured. He submits that the award
of compensation by the Tribunal on other heads are also
required to be enhanced appropriately taking note of the
evidence available on record. Hence, he seeks to allow the
appeal.
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5. Per contra, learned counsel for the respondent-
insurance company supports the impugned judgment and
award passed by the Tribunal and submits that the appellant
has sustained fracture of thumb and right shaft femur, hence
the disability assessed by the Tribunal at 13% is on the higher
side. He further submits that taking note of the injuries
sustained by the appellant, the award of compensation by the
Tribunal on other heads is just and proper. Hence, seeks to
dismiss 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 21.10.2017 the appellant
met with road accident and sustained injuries and fractures as
under:
1) Lacerated wound of size 3X1Xbone deep bright
Red over proximal joint of right thumb.
2) Diffuse swelling of right thigh with restriction of
movements at right hip joint
3) X-ray;
Right thumb: AP-Lap- Fracture evidence of fracture
in distal plalanax of thumb
Right femur-AP-Lat-Fracture evidence of fracture
seen in proximal shaft femur.
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8. In order to prove the disability and the claim, the
injured-claimant has entered the witness box, examined
himself as PW-1 and also examined the doctor as PW-2 and got
marked the documents as Exs.P-1 to P-13. This Court, on re-
appreciation of entire evidence, is of the considered view that
the Tribunal has erred in awarding total compensation of
Rs.3,59,000/-, which requires to be enhanced. Admittedly, the
appellant has not placed on record any evidence with regard to
income, hence, this Court re-assesses the income of the
injured-appellant notionally at Rs.10,250/- p.m. placing
reliance on the notional income chart prepared by the KSLSA.
The appellant-injured was aged about 43 years as on the date
of accident, hence, the appropriate multiplier would be 13,
which has been rightly considered by the Tribunal. Keeping in
mind, the oral testimony of PW-2, disability certificate at Ex.P-
12, discharge summary at Exs.P-8 & 9 and other material
available on record and the aforesaid injures, this Court re-
assesses the disability of the injured at 16%. Thus, the
appellant is entitled to compensation under the head of loss of
future income due to disability would be :
Rs.10,250 X 12 X 13 X 16%= Rs.2,55,840/-.
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9. Taking note of the injuries suffered by the appellant
and keeping in mind the treatment provided to him, this Court
awards additional compensation of Rs.10,000/- towards pain
& suffering and additional compensation of Rs.5,000/-
towards loss of amenities and additional sum of Rs.5,000/-
towards conveyance, attendant charges & nourishment. The
appellant is also entitled to Rs.30,750/- under the head of
loss of income during laid-up period, which the Tribunal has not
awarded.
10. Insofar as the direction of the Tribunal to the
respondent-insurance company to pay the compensation and
recover the same from respondent No.1-owner is unaltered.
11. Thus, in all, the appellant-claimant shall be entitled
to modified compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 35,000
Medical expenses 93,000
Loss of future income due to disability 2,55,840
Conveyance, attendant charges & 18,000
nourishment
Loss of amenities 30,000
Loss of income during laid-up period 30,750
Total 4,62,590
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Thus, the appellant-claimant shall be entitled to total
compensation of Rs.4,62,590/- as against Rs.3,59,000/-
awarded by the Tribunal.
12. In the result, this Court proceeds 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-claimant would be entitled to total
compensation of Rs.4,62,590/- as against
Rs.3,59,000/- 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 the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
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six weeks from the date of receipt of certified
copy of this judgment.
e) On such deposit, the Tribunal shall release
the entire enhanced compensation amount in
favour of the appellant.
f) The respondent-insurance company is at
liberty to recover the amount deposited by it
from respondent No.1 in accordance with law.
g) Draw modified award accordingly.
Sd/-
JUDGE
BSR
Ct-an
