Karnataka High Court
Hanamant S/O Ramappa Janamatti vs Timmanna S/O Venkappa S/O Venkappa ... on 3 April, 2024
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NC: 2024:KHC-D:6086
MFA No. 102847 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. 102847 OF 2022 (MV-I)
BETWEEN:
HANAMANT S/O. RAMAPPA JANAMATTI,
AGE: 37 YEARS, OCC- AGRICULTURE COOLIE,
NOW NILL, R/O. CHIKKALAGUNDI,
TQ: BILAGI, DIST: BAGALKOT-587116.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. TIMMANNA S/O. VENKAPPA S/O. VENKAPPA BENNUR,
AGE: 42 YEARS, OCC: R.C HOLDER OF SWIFT CAR
BEARING NO. KA-29/M-8904,
R/O. CHIKKALAGUNDI, TQ: BILAGI,
DIST: BAGALKOT-587116.
2. GIRIMALLAPPA S/O. BHIMAPPA B. PATIL,
AGE: 47 YEARS, OCC: R.C HOLDER OF TRACTOR
(ENGINE) NO.KA-48/TA-5007,
Digitally
signed by R/O. MARIKATTI VILLAGE, TQ. MUDHOL,
JAGADISH T R DIST. BAGALKOT-587112.
Location:
HIGH COURT
OF 3. SHASAPPA S/O. BASAPPA GIDAR,
KARNATAKA AGE: 42 YEARS, OCC: R.C HOLDER OF
TRAILER BEARING NO. KA-48/T-8532,
R/O. ALAGUNDI B. K. VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587112.
4. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
SIDDESHWAR TEMPLE FRONT ROAD,
SANGAM BUILDING, VIJAYAPUR,
TQ AND DIST: VIJAYAPUR-586101.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R4;
NOTICE TO R1 TO R3 DISPENSED WITH)
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NC: 2024:KHC-D:6086
MFA No. 102847 of 2022
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 24.12.2019 PASSED
IN MVC NO.409/2018 ON THE FILE OF MACT-XIV, MUDHOL, 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:
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 24.12.2019 passed in MVC
No.409/2018 on the file of Member, MACT-XIV, Mudhol (for
short, 'Tribunal').
3. I have heard the learned counsel Sri.G.R.Turamari
for the appellant/injured and learned counsel Smt.Preeti
Shashank 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.10,000/- per month and awarded meager
compensation under the heads of pain and suffering, loss of
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amenities and loss of income during laid-up period. Hence, he
seeks to enhance the compensation on all heads taking note of
the injuries suffered by the appellant by allowing the appeal.
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. She 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, she 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 27.08.2018, the
appellant/injured met with road accident and sustained
dislocation of left shoulder and fracture of lower end of radius
of left wrist. The appellant was aged about 36 years at the
time of the accident and was working as agricultural coolie. In
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order to prove the claim, the appellant examined himself as
PW1 and examined the doctor as PW3, who has deposed that
the appellant has sustained disability to the extent of 35%.
Taking note of the same and considering other material, the
Tribunal has rightly assessed the disability of the appellant at
15%, which does not call for interference. However, insofar as
income of the appellant, this Court re-assesses same at
Rs.11,750/- per month placing reliance on notional income
chart prepared by the KSLSA, in the absence of evidence with
regard to income. Thus, the appellant is entitled to modified
compensation on the head of loss of future income due to
disability as under:
Rs.11,750 x 12 x 15 x 15% = Rs.3,17,250/-
8. Taking note of injuries suffered by the appellant
referred supra and oral testimony of PW3-doctor, this Court
award a sum of Rs.40,000/- towards pain and suffering as
against Rs.5,000/- and a sum of Rs.30,000/- towards loss of
amenities as against Rs.5,000/- awarded by the Tribunal. The
appellant is entitled to a sum of Rs.35,250/- towards loss of
income during laid-up period as against Rs.10,000/- and a sum
of Rs.6,000/- towards food, nourishment and attendant
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charges as against Rs.1,000/-awarded by the Tribunal. The
award of compensation by the Tribunal under the head of
medical expenses of Rs.33,267/- is just and proper, which
does not call for any modification. Thus, the appellant is
entitled to modified compensation on the following heads:
Pain and suffering Rs. 40,000/-
Loss of amenities Rs. 30,000/-
Food, nourishment & attendant charges Rs. 6,000/-
Loss of income during laid-up period Rs. 35,250/-
Loss of future income due to disability Rs.3,17,250/
Medical expenses Rs. 33,267/-
-----------------
Total Rs.4,61,767/-
-----------------
9. Thus, the appellant is entitled to total compensation
of Rs.4,61,767/- as against Rs.3,24,267/- 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.4,61,767/- as against Rs.3,24,267/-
awarded by the Tribunal.
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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) Insofar as finding of the Tribunal with
regard to liability to pay compensation is
unaltered.
f) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
