Karnataka High Court
Ranjeet S/O Netaji Shinde vs The Managing Director on 4 April, 2024
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NC: 2024:KHC-D:6142
MFA No. 100359 of 2023
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. 100359 OF 2023 (MV-I)
BETWEEN:
RANJEET S/O. NETAJI SHINDE,
AGE: 32 YEARS, OCC: DRIVER, PRESENT NIL,
R/O. WARD NO. 34, NAVI GALLI,
IBRAHIM ROZA VIJAYPUR,
TQ AND DIST: VIJAYPUR.
...APPELLANT
(BY SRI. N. L. BATAKURKI, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
ROSMERTA AUTOTECH PVT LTD,
JHOTI TOWER, NEAR CAMP, M-VAGAON,
BELGAVI, TQ & DIST: BELAGAVI-590002.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD,
Digitally signed HAVING DIVISIONAL OFFICE AT: 3933/B2,
by JAGADISH T MOODALAGI BUILDING, 2ND FLOOR,
R CLUB ROAD, BELAGAVI.
Location: HIGH TQ & DIST: BELAGAVI-590002.
COURT OF ...RESPONDENTS
KARNATAKA (BY SRI. R. S. ARANI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
17.06.2020 PASSED IN MVC NO.447/2018 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS 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:
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NC: 2024:KHC-D:6142
MFA No. 100359 of 2023
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 17.06.2020 passed in MVC
No.447/2018, on the file of Principal Senior Civil Judge & JMFC,
Mudhol (for short, 'Tribunal').
2. Heard Sri.N.L.Batakurki learned counsel appearing
for the appellant/claimant and Sri.R.S.Arani learned counsel
appearing for the respondent No.2/Insurance Company.
3. Learned counsel appearing for the appellant
submits that the Tribunal has committed grave error in
assessing disability as well as the income of the
claimant/injured and he seeks to reassess the same. He
submits that the award of compensation by the Tribunal on the
other heads is also on the lower side. Hence, he seeks to
enhance the same appropriately.
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 rightly assessed the disability of the injured at
15% by taking note of the injuries suffered by the appellant
NC: 2024:KHC-D:6142
which does not call for any modification. He submits that the
award of compensation by the Tribunal on the other heads is
just and proper and does not call for any enhancement. Hence,
he seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel for
the respective parties. Perused the material available on
record.
6. It is not in dispute that the appellant was met with
a road accident on 11.05.2018 and sustained the following
fractures:
a) T12 compression fracture
b) Paraplegia
c) Moteggia fracture dislocation left forearm
d) Segmental fracture left leg
e) Segmental fracture right leg
f) CLW over Right leg in mid shaft region
g) CLW over forehead
Considering the fractures referred at Disability Certificate
at Ex.P15, Discharge Summary at Ex.P14, Wound Certificate at
Ex.P6 and taking note of the oral testimony of PW2, this Court
would reassess the disability of the injured/claimant at 30%.
This Court notionally assesses the income of the
appellant/injured at 11,750/- per month placing reliance on
the notional income chart prepared by the Karnataka State
NC: 2024:KHC-D:6142
Legal Services Authority. There is no dispute with regard to the
age of the appellant as 28 years and appropriate multiplier of
17. 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 17 x 30% = Rs.7,19,100/-
7. The appellant is entitled to Rs.30,000/- under the
head of loss of amenities and Rs.47,000/- (11,750 x 4) under
the head of loss of income during laid-up period. The award of
compensation on the other heads is just and reasonable, which
is not disturbed. Thus, the injured/claimant would be entitled to
total compensation on the following heads:
Particulars Amount
(in Rs.)
Pain and suffering 50,000/-
Medical expenses 4,29,045/-
Loss of future income due to disability 7,19,100/-
Loss of amenities 30,000/-
Food, attendant charges & incidental expenses 40,800/-
Loss of income during laid-up period 47,000/-
Total 13,15,945/-
Thus, the claimant/injured would be entitled to total
compensation of Rs.13,15,945/- as against Rs.7,48,045/-
awarded by the Tribunal.
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8. It is noticed that this Court vide order dated
09.02.2023, while condoning the delay of 250 days in filing the
appeal, made an observation that the appellants/claimants
would not be entitled to an interest for the delayed period, in
case if they succeed in their appeal. Hence, the claimants would
not be entitled to the interest on the enhanced compensation
for the aforesaid delayed period.
9. 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 claimant would be entitled to
total compensation of Rs.13,15,945/-
as against Rs.7,48,045/- 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
NC: 2024:KHC-D:6142
six weeks from the date of receipt of
certified copy of this judgment.
e) Needless to say that the claimants would
not be entitled to interest on the
enhanced compensation amount for a
period of 250 days. Registry to take note
of the same while drawing award.
f) On such deposit, the said amount shall
be released in favour of the
appellant/injured.
g) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
