Karnataka High Court
Smt. Parvati vs Sri. Sameer on 4 April, 2024
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NC: 2024:KHC-D:6141
MFA No. 101162 of 2022
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. 101162 OF 2022 (MV-I)
BETWEEN:
SMT. PARVATI W/O. PRAKASH DUMAKIMATH,
AGE: 46 YEARS, OCC: PETITIONER,
SKILLED COOK, R/O. NEAR DAYANAND TEMPLE,
HALYAL HALLIHAL, BELGAUM-591304,
NOW AT GANDHI NAGAR, DHARWAD.
...APPELLANT
(BY SRI. ANJANEYA M, ADVOCATE)
AND:
1. SRI. SAMEER S/O. LALASAB NARAGUNDAKAR,
AGE: 37 YEARS, OCC: TRANSPORT BUSINESS,
R/O. NO. 481, NEAR BUS-STAND, AP: DARUR,
TQ: ATHANI, DIST: BELAGAVI-591304.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
ANKOLA ARCADE, OPP. DISTRICT COURT,
JUBILEE CIRCLE, P.B. ROAD, DHARWAD-580002.
Digitally signed by
JAGADISH T R ...RESPONDENTS
Location: HIGH COURT(BY SMT. PREETI SHASHANK, ADV. FOR R2;
OF KARNATAKA NOTICE TO R1 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED
29.10.2021 PASSED IN MVC NO.900/2018 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, DHARWAD, 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:6141
MFA No. 101162 of 2022
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 29.11.2021 passed in MVC
No.900/2018 on the file of I Addl. Senior Civil Judge & Addl.
MACT, Dharwad (for short, 'Tribunal').
2. Heard Sri.Anjaneya. M. learned counsel appearing for
the appellant/claimant and Smt.Preeti Shashank learned
counsel appearing for the respondent No.2/Insurance
Company.
3. Learned counsel appearing for the appellant/claimant
submits that the Tribunal has committed an error in assessing
the disability as well as the income of the appellant/claimant
and he seeks to reassess the same. He submits that the award
of compensation by the Tribunal under the heads of loss of
amenities and loss of income during laid-up period is required
to be reassessed by allowing the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the impugned
judgment and award of the Tribunal and submits that the
Tribunal has justified in assessing the disability at 12% by
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taking note of the injuries suffered by the appellant/injured.
She submits that the award of compensation by the Tribunal is
just and proper does not call for any enhancement. Hence, she
seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel
appearing for the respective parties. Perused the material
available on record.
6. It is not in dispute that the claimant/injured met with
a road accident on 29.10.2018 and sustained fracture of right
radius and ulna and humerous bone. Taking note of the injuries
and considering the oral testimony of PW2, this Court reassess
the disability of the claimant/injured at 15%. Admittedly, the
appellant has not placed any evidence with regard to the
income, hence, this Court reassess the notional income of the
appellant at Rs.11,750/- per month placing reliance on the
notional income chart prepared by the Karnataka State Legal
Services Authority. There is no dispute with regard to the age
of the appellant as 45 years and appropriate multiplier of 14.
Thus, the appellant is entitled to modified compensation under
the head of loss of future income due to disability as under:
Rs.11,750 x 12 x 14 x 15% = Rs.2,96,100/-
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7. Taking note of the injuries suffered by the appellant
and duration of treatment taken by him, the appellant is
entitled to an additional sum of Rs.5,000/- under the head of
loss of amenities and Rs.35,250/- under the head of loss of
income during laid-up period as against Rs.14,000/- awarded
by the Tribunal. Thus, the award of compensation on the other
heads is unaltered. Insofar as the direction to pay and recover
by the Tribunal is unaltered. Thus, in all, the claimant shall be
entitled to modified compensation under the following heads:
Particulars Amount
(in Rs.)
Pain and suffering 50,000/-
Loss of amenities 30,000/-
Medical expenses 1,25,069/-
Loss of income during laid-up period 35,250/-
Loss of future income due to disability 2,96,100/-
Food, nourishment and attendant 30,000/-
charges
Total 5,66,419/-
Thus, the claimant would be entitled to total
compensation of Rs.5,66,419/- as against Rs.3,85,189/-
awarded by the Tribunal.
8. In the result, this Court proceeds to pass the
following:
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ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of
the Tribunal is modified to an extent
that the claimant would be entitled to
total compensation of Rs.5,66,419/- as
against Rs.3,85,189/- 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 respondent No.2/Insurance
Company to pay the entire
compensation amount along with
interest to the appellant/claimant within
six weeks from today and liberty is
granted to it to recover the same from
respondent No.1/owner of the offending
vehicle.
e) On such deposit, the said amount shall
be released in favour of the
appellant/injured.
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f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
