Karnataka High Court
Shri Amar Basappa Yami vs Shri. Appasaheb Dundappa Patil on 4 April, 2024
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NC: 2024:KHC-D:6117
MFA.CROB No. 100024 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
MFA CROSS OBJ NO. 100024 OF 2023 (MV-I)
BETWEEN:
SHRI. AMAR BASAPPA YAMI,
AGE: 29 YEARS, OCC: EDUCATION AND
AGRICULTURE (NOW NIL),
R/O. BHADGAON, TAL: GADHINGLAJ,
DIST: KOLHAPUR,
NOW R/O. C/O. KADAPPA MALLAPPA KHOT,
KURNI, TAL: HUKKERI,
DIST: BELAGAVI-591221.
...CROSS OBJECTOR
(BY SRI. GURUKUMAR V. A, ADVOCATE)
AND:
1. SHRI. APPASAHEB DUNDAPPA PATIL,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. TERANI, TAL: GADHINGLAJ,
DIST: KOLHAPUR-416506.
Digitally signed 2. THE NEW INDIA ASSURANCE CO. LTD,
by ROHAN
HADIMANI T CLUB ROAD, BELAGAVI-590001.
Location: HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SRI. RAVINDRA R. MANE, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.101220/2018 FILED UNDER
ORDER 41 RULE 22 OF CPC, 1908, AGAINST THE JUDGMENT AND
AWARD DATED 06.12.2017 PASSED IN MVC NO. 34/2016 ON THE
FILE OF X ADDITIONAL DISTRICT JUDGE AND MEMBER OF
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS PETITION, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
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MFA.CROB No. 100024 of 2023
JUDGMENT
1. The cross objection is filed by the injured/cross objector
seeking enhancement of the compensation, being aggrieved by
the judgment and award dated 6.12.2017, passed in MVC.
No.34/2016, on the file of the X Additional District Judge and
MACT, Belagavi.
2. Sri.Gurukumar,V.A., learned counsel appearing for the
cross objector submits that the Tribunal has committed grave
error in assessing the income of the injured. He submits that
the cross objector's right hand above the elbow has been
amputated due to the accident in question. Hence, he seeks to
re-assess the disability. He further submits that the Tribunal
has not awarded any compensation under the head of loss of
future prospects of the injured. He also submits that the award
of compensation by the Tribunal on all other heads is on the
lower side. Hence, he seeks to re-assess the same by
enhancing the compensation.
3. Sri.Ravindra R. Mane, learned counsel appearing for the
respondent No.2/Insurance Company supports the impugned
judgment and award of the Tribunal and submits that PW.2 has
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deposed before the Tribunal that the cross objector has
sustained 80% of the disability. However, he is not a treated
doctor, hence, he seeks to re-assess the disability reasonably.
He further submits that the award of compensation by the
Tribunal under the head of loss of expectancy of life cannot be
granted. Hence, he seeks to re-assess the same while
computing the compensation and seeks to dismiss the appeal.
4. I have heard Sri.Gurukumar,V.A., learned counsel
appearing for the cross objector and Sri.Ravindra R. Mane,
learned counsel appearing for the respondent No.2/Insurance
Company and perused the material available on record.
5. It is not in dispute that the cross objector/injured met
with a road accident on 8.11.2012 and sustained fracture of
right forearm and hand crushed completely. Resultantly,
amputation of right humorous (his right hand above the elbow
has been amputated). Taking note of the same, the Tribunal
has assessed the disability at 40%. However, this court is of
the considered view that the Tribunal has committed grave
error in assessing the disability of the cross objector. Taking
note of the age of the cross objector, who is an agriculturist as
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well as taking note of the oral testimony of PW.2, the disability
certificate at Ex.P.12, discharge summary at Ex.P.9 and also
the other medical evidence available on record, it is evident
that the right hand above the elbow of the cross objector is
amputated due to the accident. Hence, this Court re-assesses
the functional disability of the cross objector at 90%.
Admittedly, the cross objector has not placed any evidence with
regard to the income. Hence, this Court notionally assessed the
income of the cross objector/injured at Rs.6,500/- p.m. placing
reliance on the notional income chart prepared by KSLSA. The
cross objector was aged about 22 years at the time of the
accident and his disability is assessed at 90%. Hence, he is
entitled to additional 40% under the head of loss of future
prospects. Thus, the cross objector is entitled to the
compensation under the head of loss of future income due to
disability is as under:
6,500 + 40 % x 12 x 18 x 90% = Rs.17, 69,040/-
6. The cross objector is entitled to an additional
compensation of Rs.25,000/- under the head of pain and
suffering, Rs.25,000/- under the head of loss of amenities
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and he is entitled to a sum of Rs.26,000/- (6500x4) under
the head of loss of income during laid up period as against
Rs.72,000/-. Compensation awarded under the head of loss
of marriage prospectus, medical expenses, incidental
charges and cost of artificial limb remains unaltered. This
court is of the considered view that the cross objector is not
entitled to compensation under the head of loss of
expectancy of life, which is granted by the Tribunal.
7. Thus, the cross objector is entitled to enhanced
compensation under the following heads:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 1,00,000/-
Towards Medical expenses 30,700/-
Incidental charges 25,000/-
Cost of artificial limb 50,000/-
Loss of future earnings due to disability 17,69,040/-
Loss of amenities 1,00,000/-
Loss of income during laid-up period 26,000/-
Loss of marriage prospects 50,000/-
Total 21,50,740/-
8. Thus, the cross-objector/claimant is entitled to total
compensation of Rs.21,50,740/- as against Rs.11,55,300/-
awarded by the Tribunal.
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9. In the result, I proceed to pass the following:
ORDER
a) The cross objection filed by the claimant/cross
objector is allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the cross-
objector/claimant would be entitled to total
compensation of Rs.21,50,740/- as against
Rs.11,55,300/- 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 claimant/cross objector is not entitled to an
interest for 953 days delay as per the order
dated 4.04.2024.
e) The respondent No.2/Insurer 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.
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f) Apportionment, deposit and disbursement shall
be made as per the award of the Tribunal.
g) The amount in deposit made by the
appellant/Insurance Company be transmitted to
the Tribunal forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
VB
Ct-an
