Karnataka High Court
Sri. Chinnayya S/O Basaya Hiremath vs Maulali S/O Razaqsab Shabashakhan on 4 April, 2024
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NC: 2024:KHC-D:6128
MFA No. 103509 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103509 OF 2017 (MV-I)
BETWEEN:
SRI. CHINNAYYA S/O. BASAYYA HIREMATH,
AGED ABOUT 41 YEARS,
OCC: AGRICULTURE & NGO WORK,
R/O. GILIHOSUR, TQ: GOKAK,
DIST: BELAGAVI, PIN-591307.
...APPELLANT
(BY SRI.A.B.PATIL MADAPUR, ADVOCATE)
AND:
1. MAULALI S/O. RAZAQSAB SHABASHAKHAN,
AGE: MAJOR, OCC: BUSINESS,
R/O. 3929 MALDAR GALLI, GOKAK,
TQ: GOKAK, DIST: BELAGAVI-591307.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD,
RAMADEV GALLI, BELGAUM (BELAGAVI),
Digitally TQ & DIST: BELAGAVI-590001.
signed by
JAGADISH T R ...RESPONDENTS
Location: (BY SRI. M. Y. KATAGI, ADV. FOR R2;
HIGH COURT
OF NOTICE TO R1 SERVED)
KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DTD:
31.10.2012, PASSED BY THE PRL. SENIOR CIVIL JUDGE & ADDL.
MACT, AT: GOKAK, IN M.V.C NO.2437/2010, BY ENHANCING THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6128
MFA No. 103509 of 2017
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 31.10.2012 passed in
MVC.No.2437/2010 by the I/c.Principal Senior Civil Judge, &
Addl.MACT, Gokak (for short, 'Tribunal').
3. Heard Sri.A.B.Patil Madapur, learned counsel for the
appellant-injured and Sri.M.Y.Katagi, learned counsel for the
respondent No.2-insurance company.
4. Learned counsel for the appellant submits that the
Tribunal has committed grave error in assessing the income as
well as the disability of the injured. He submits that the award
of compensation by the Tribunal under the heads of pain &
suffering, loss of amenities and other conventional heads is on
the lower side, hence, seeks to re-assess the same by allowing
the appeal.
NC: 2024:KHC-D:6128
5. Per contra, learned counsel for the respondent-
insurance company vehemently opposed the petition and
submits that the doctor has deposed that the appellant has
suffered 40% of disability to particular limb, hence, assessment
of disability by the Tribunal at 20% is on the higher side,
hence, the Tribunal is justified in awarding the compensation of
Rs.2,31,944/- and 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 the appellant met with road
accident on 20.04.2010 and sustained the following fractures:
"1. Fracture of tibia & fibula of right leg.
2. Contaminated CLW 8x3 cm. and CLW 5x2 cm
on backer right let.
3. Other grievous injuries all over the body."
8. Considering the same, the Tribunal has rightly
assessed the disability at 20%, which is unaltered. The
appellant has not placed any evidence with regard to the
income, hence, this Court re-assesses the notional income at
Rs.5,500/- p.m. placing reliance on the notional income chart
NC: 2024:KHC-D:6128
prepared by the KSLSA. Since the appellant was aged 41 years
at the time of accident, the appropriate multiplier would be 16,
which is rightly considered by the Tribunal. This Court,
considering the injuries suffered by the appellant-injured and
oral testimony of PW-2 and medical evidence available on
record, re-assesses the compensation towards loss of future
income due to disability as under:
Rs.5,500 X 12 X 16 X 20%= Rs.2,11,200/-.
9. This Court re-assess the compensation under the
head of loss of amenities to Rs.30,000/- and under the head
of pain & suffering Rs.30,000/- and Rs.15,000/- is awarded
under the head of food, nourishment, conveyance & attendant
charges. The appellant is entitled to compensation of
Rs.22,000/- (Rs.5,500 X 4) under the head of loss of income
during laid-up period. The compensation awarded under the
head of medical expenses is unaltered.
10. Thus, in all, the appellant-claimant shall be entitled
to modified compensation as under:
NC: 2024:KHC-D:6128
HEADS AMOUNT
(in Rs.)
Pain & suffering 30,000
Medical expenses 36,894
Loss of amenities 30,000
Food, nourishment, conveyance & attendant 15,000
charges
Loss of income during laid-up period 22,000
Loss of future income due to disability 2,11,200
Total 3,45,094
Thus, the appellant-claimant shall be entitled to total
compensation of Rs.3,45,094/- as against Rs.2,31,944/-
awarded by the Tribunal.
11. 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.3,45,094/- as against
Rs.2,31,944/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
NC: 2024:KHC-D:6128
from the date of petition till the date of
payment excluding the interest for the
delayed period of 1709 days as per the order
dated 19.06.2019.
d) The Insurance Company shall deposit the
enhanced compensation amount 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 Tribunal shall release the
entire enhanced compensation amount in
favour of the appellant.
f) Draw modified award accordingly.
Sd/-
JUDGE
BSR
Ct-an
