Karnataka High Court
Amarthya S/O Majoj Kale vs Siddappa S/O Yamanappa Kudabale on 5 April, 2024
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101084 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101085 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 101086 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 101087 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 101088 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 101089 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 101090 OF 2019
IN MFA NO.101084/2019
BETWEEN:
SMT. ANJANA W/O. ANIL KURNE,
AGE: 62 YEARS, OCC: HOUSEWIFE,
R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE,
JAMKHANDI, TQ: JAMAKHANDI,
DIST: BAGALKOT-587301
Digitally signed
by JAGADISH T R ...APPELLANT
Location: HIGH (BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
COURT OF
KARNATAKA IN MFA NO. 101085/2019
BETWEEN:
SMT. SWATHI W/O. MANOJ KALE,
AGE:47 YEARS, OCC: HOUSEWIFE AND
CASHIER WORK, R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE, JAMKHANDI,
TQ: JAMAKHANDI, DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
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MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
IN MFA NO. 101086/2019
BETWEEN:
MANOJ S/O. MARTHANDARAO KALE,
AGE: 51 YEARS, OCC: MANAGER,
R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE, JAMKHANDI,
TQ: JAMAKHANDI, DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
IN MFA NO. 101087/2019
BETWEEN:
SMT. SEEMA W/O. DEEPAK GHATGE,
AGE: 50 YEARS, OCC: HOUSEWIFE &
PRIVATE WORK, R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE, JAMAKHANDI,
TQ: JAMAKHANDI, DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
IN MFA NO. 101088/2019
BETWEEN:
PRANJALI D/O. PRADEEP MANDALIK,
AGE: 25 YEARS, OCC: PRIVATE WORK,
R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE, JAMKHANDI,
TQ: JAMAKHANDI, DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
IN MFA NO. 101089/2019
BETWEEN:
PRAJWAL S/O. PRADEEP MANDALIK,
AGE: 20 YEARS, OCC: STUDENT,
R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE, JAMKHANDI,
TQ: JAMAKHANDI, DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
IN MFA NO. 101090/2019
BETWEEN:
AMARTHYA S/O. MAJOJ KALE,
AGE: 20 YEARS, OCC: STUDENT,
R/O. KUNCHANUR CIRCLE,
NEAR DANAMMADEVI TEMPLE, JAMKHANDI,
TQ: JAMAKHANDI, DIST:BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
AND:
1. SIDDAPPA S/O. YAMANAPPA KUDABALE,
AGE: 50 YEARS, OCC: BUSINESS,
R/O. PLOT NO.21, SECTOR NO.2,
SHIVA BASAVA NAGAR, BELAGAVI-590010.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LTD,
NEAR BASAVESHWAR CIRCLE, VIJAYAPUR ROAD,
JAMKHANDI, DIST: BAGALKOT-587301.
3. MALLEPOGU LINGAMA W/O. M. THIMMAIAH,
HOUSE NO.32/53/4, ABM PALEM VILLAGE,
ATMAKUR MANDAL KURNOOL, 518002,
DIST: KURNOOL, STATE: ANDHRA PRADESH.
4. THE BRANCH MANAGER,
SHRI RAM GENERAL INSURANCE COMPANY LTD,
E-8, EPIP, RLLCO INDUSTRIAL AREA,
SITAPURA-JAIPUR, RAJASTHAN-302022.
...RESPONDENTS
(BY SMT. ANUSHA SANGAMI, ADV. FOR
SRI. S. K. KAYAKMATH, ADV. FOR R4;
SRI. N. R. KUPPELUR, ADV. FOR R2;
NOTICE TO R1 & R3 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173(1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS ON
EXAMINATION OF THE SAME MAY BE PLEASED TO ENHANCE THE
COMPENSATION AND AWARD COMPENSATION AS CLAIMED BY THE
APPELLANTS BY MODIFYING AWARD DATED 09.04.2018 IN MVC
NOS.233/2017, 231/2017, 232/2017, 234/2017, 236/2017,
237/2017 AND 238/2017 PASSED BY THE COURT OF PRL. SENIOR
CIVIL JUDGE AND M.A.C.T NO.V, AT: JAMAKHANDI, IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
COMMON JUDGMENT
Though these appeals are listed for admission, with the
consent of learned counsel for the parties, they are taken up
together for final disposal, as these appeals arise out of the
same accident.
2. These appeals are filed by the claimants/injured
seeking enhancement of compensation, being aggrieved by
the judgments and awards dated 09.04.2018 passed in
M.V.C. Nos.231, 232, 233, 234, 236, 237 and 238 of 2017
on the file of the Principal Senior Civil Judge and Member,
MACT-V, Jamkhandi (for short, 'Tribunal').
3. Heard the learned counsel Sri.Siddappa Sajjan
appearing for the appellants/injured, learned counsel
Sri.N.R.Kuppellur appearing for the respondent No.2/Insurer
of Maxi Cab and learned counsel Smt.Anusha Sangami
appearing for the respondent No.4/Insurer of tractor-trailor.
4. Learned counsel Sri.Siddappa Sajjan appearing
for the appellants/injured submits that the Tribunal has
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MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
committed grave error in assessing the income of the
appellants/injured. He seeks to reassess the same placing
reliance on the notional income chart prepared by the
Karnataka State Legal Services Authority. It is submitted
that the award of compensation by the Tribunal on all the
other heads are also on lower side, hence, he seeks to
re-appreciate the evidence available on record and enhance
compensation appropriately by allowing all these appeals.
5. Per contra, learned counsel Sri.N.R.Kuppellur
appearing for the respondent No.2/Insurer of Maxi Cab and
learned counsel Smt.Anusha Sangami appearing for the
respondent No.4/Insurer of tractor-trailor in chorus
vehemently oppose the appeals and submit that the Tribunal
has justified in awarding the compensation based on the
evidence adduced by the claimants/injured and considering
the medical evidence available on record. Thus, they seek to
dismiss all the appeals.
6. I have heard the learned counsel for the parties
and perused the material available on record.
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MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
7. It is not in dispute that on 25.05.2016 all the
claimants were traveling in a Maxi Cab bearing registration
No.KA-22/C-3002 and the driver of the said vehicle drove
the same in a rash and negligent manner and dashed to the
parked tractor-trailor and caused the accident. Due to the
impact of the accident, all the claimants have sustained
different injuries. This Court meticulously perused the finding
recorded by the Tribunal in each of the claim petitions and is
of the considered view that the Tribunal has committed an
error in assessing the income of the claimants/injured.
Admittedly, the appellants have not placed any evidence with
regard to their income. Hence, this Court reassesses the
notional income of the claimants at Rs.8,750/- per month
placing reliance on the notional income chart prepared by the
Karnataka State Legal Services Authority. This Court taking
note of the oral evidence and documentary evidence
available on record, re-determines the compensation in each
of the cases as under:
8. In MFA No.101084/2019 (MVC No.233/2017), the
Tribunal has awarded total compensation of Rs.4,94,612/-.
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
This Court on re-appreciation of the evidence available on
record is of the considered view that the compensation
awarded by the Tribunal is on the lower side and is required
to be reassessed appropriately. This Court notionally
assesses the income of the injured at Rs.8,750/- per month.
There is no dispute with regard to the multiplier and
disability. Thus, the appellant is entitled to modified
compensation on the head of loss of future income due to
disability as under:
Rs.8,750 x 12 x 9 x 20% = Rs.1,89,000/-
9. This Court taking note of the injuries suffered by
the appellant, would award a sum of Rs.40,000/- towards
pain and suffering, Rs.30,000/- towards loss of amenities
and a sum of Rs.15,000/- towards attendant charges. The
award of compensation on the head of medical expenses of
Rs.2,95,012/- is unaltered. A sum of Rs.26,250/- is
awarded towards loss of income during laid-up period. Thus,
the appellant is entitled to modified compensation on the
following heads:
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
Pain and suffering Rs. 40,000/-
Medical expenses Rs. 2,95,012/-
Loss of amenities Rs. 30,000/-
Loss of income during laid-up period Rs. 26,250/-
Food, diet, nourishment and attendant Rs. 15,000/-
Loss of future income due to disability Rs. 1,89,000/-
-------------------
Total Rs.5,95,262/-
-------------------
10. Thus, the appellant in MFA No.101084/2019 (MVC
No.233/2017) is entitled to total compensation of
Rs.5,95,262/- as against Rs.4,94,612/- awarded by the
Tribunal.
11. In MFA No.101085/2019 (MVC No.231/2017) the
Tribunal has recorded finding at para No.36 of its judgment
with regard to entitlement of compensation. This Court on
re-appreciation of the evidence available on record and
taking note of the fracture suffered by the appellant/injured,
is of the considered view that it would be just and
appropriate to grant an additional global compensation of
Rs.20,000/-.
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
12. Thus, the appellant in MFA No.101085/2019 (MVC
No.231/2017) is entitled to total compensation of
Rs.70,000/- (i.e.Rs.50,000 + Rs.20,000) as against
Rs.50,000/- awarded by the Tribunal.
13. In MFA No.101086/2019 (MVC No.232/2017), the
Tribunal has awarded total compensation of Rs.96,770/-.
This Court taking note of the age and nature of injuries
suffered by the appellant/claimant and taking note of the
evidence of the Doctor, is of the considered view that it
would be just and appropriate to reassess the compensation.
Instead of awarding meager amount on each of the heads,
this Court globally grants an additional sum of Rs.65,000/-.
14. Thus, the appellant/claimant in MFA
No.101086/2019 (MVC No.232/2017) is entitled to total
compensation of Rs.1,61,770/- (i.e.Rs.96770 + Rs.65,000)
as against Rs.96,770/- awarded by the Tribunal.
15. In MFA Nos. 101087, 101088, 101089 and
101090 of 2019 (MVC Nos. 234, 236, 237 and 238 of 2017)
the Tribunal has awarded global compensation of Rs.6,000/-
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
each in all the cases. This Court considering the Wound
Certificates and also other medical evidence available on
record, is of the considered view that it would be just and
appropriate to award global compensation of Rs.25,000/- in
each case as against Rs.6,000/- awarded by the Tribunal.
16. Thus, the appellants in MFA Nos. 101087,
101088, 101089 and 101090 of 2019 (MVC Nos. 234, 236,
237 and 238 of 2017) are entitled to total global
compensation of Rs.25,000/- as against Rs.6,000/-
awarded by the Tribunal, in each of the cases.
17. This Court reassesses the compensation in the
aforesaid claim petitions, after re-appreciation of the entire
evidence available on record and after considering the rival
contentions urged by the parties. In view of the same, the
appeals filed by the claimants are allowed in part.
18. Insofar as the finding of the Tribunal with regard
to the apportionment of liability between the two insurance
companies, is concerned, the same is unaltered.
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
MFA No. 101090 of 2019
19. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) All the appeals filed by the claimants/injured
are allowed in part.
b) The impugned judgment and award of the
Tribunal is modified holding that the appellant
in MFA No.101084/2019 is entitled to total
compensation of Rs.5,95,262/- as against
Rs.4,94,612/- awarded by the Tribunal; the
appellant in MFA No.101085/2019 is entitled
to total compensation of Rs.70,000/- as
against Rs.50,000/- awarded by the Tribunal;
the appellant in MFA No.101086/2019 is
entitled to total compensation of
Rs.1,61,770/- as against Rs.96,770/-
awarded by the Tribunal; the appellant in MFA
No.101087/2019 is entitled to total
compensation of Rs.25,000/- as against
Rs.6,000/- awarded by the Tribunal; the
appellant in MFA No.101088/2019 is entitled
to total compensation of Rs.25,000/- as
against Rs.6,000/- awarded by the Tribunal;
the appellant in MFA No.101089/2019 is
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NC: 2024:KHC-D:6222
MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
entitled to total compensation of
Rs.25,000/- as against Rs.6,000/- awarded
by the Tribunal and the appellant in MFA
No.101090/2019 is entitled to total
compensation of Rs.25,000/- as against
Rs.6,000/- awarded by the Tribunal.
c) The enhanced compensation amount, in all
the above appeals, shall carry interest at the
rate of 6% per annum from the date of
petitions till date of realization.
d) The respondents No.2 and 4/Insurance
Companies, in all the above appeals, 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 the judgment.
e) Insofar as the finding of the Tribunal with
regard to the apportionment of liability
between the two insurance companies is
concerned, the same is unaltered.
f) On such deposit, the same shall be released
in favour of the appellants/claimants.
g) Registry to transmit the records, if any, to the
Tribunal forthwith.
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MFA No. 101084 of 2019 C/W MFA No. 101085 of 2019,
MFA No. 101086 of 2019, MFA No. 101087 of 2019,
MFA No. 101088 of 2019, MFA No. 101089 of 2019,
h) Needless to say that the claimants shall not
be entitled to any interest on the enhanced
compensation for the delayed period, if any.
Registry to take note of the same while
drawing award.
i) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
