Karnataka High Court
Dadapeer S/O Noorbasha vs Sangamesh W/O Kalakappa Pattanad on 5 April, 2024
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MFA No. 101416 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. 101416 OF 2019 (MV)
BETWEEN:
DADAPEER S/O. NOORBASHA,
AGED ABOUT 26 YEARS, OCC: WELDER,
R/O.OPPOSITE NEAR KEB, 8TH WARD,
BELAGODA HAL, KAMPLI, TALUK HOSPETE,
DISTRICT: BALLARI,
NOW R/O. AMAR BHAGATHSINGH NAGAR,
KAMPLI ROAD, GANGAVATHI, DIST: KOPPAL.
...APPELLANT
(BY SMT. SOUBHAGYA S. VAKKUND, ADV. FOR
Digitally signed SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
by JAGADISH T
R
AND:
Location: HIGH
COURT OF
KARNATAKA 1. SANGAMESH W/O. KALAKAPPA PATTANAD,
AGED: ABOUT 43 YEARS,
OCC: DRIVER OF EICHER LORRY
BEARING ITS REG NO.KA-25/B-1977,
R/O.HOUSE NO.828, EWS NAVANAGAR,
HUBBALLI, DISTRICT: DHARWAD-580008.
2. ABHINANDAN C. TEEKANNAVAR
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MFA No. 101416 of 2019
S/O. CHANDRAKANTH,
AGED ABOUT 40 YEARS,
OCC: OWNER OF EICHER LORRY
BEARING ITS REGN NO.KA-25/B-1977,
R/O.HOUSE NO.11,
HIREPETH, HUBBALLI,
DISTRICT: DHARWAD.
3. THE MANAGER (LEGAL) CHOLAMANDALAM,
MS GENERAL INSURANCE COMPANY LIMITED,
1ST FLOOR, KALBURGI SQUARE,
DESHPANDENAGAR, HUBBALLI,
DISTRICT: DHARWAD.
...RESPONDENTS
(BY SRI. RAVINDRA R. MANE, ADV. FOR R3;
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF
MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 01.02.2019 PASSED IN MVC NO.84/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL, GANGAVATHI, 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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MFA No. 101416 of 2019
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 claimant/injured
seeking enhancement of compensation, being aggrieved by
the judgment and award dated 01.02.2019 passed in
MVC.No.84/2017 by the Senior Civil Judge and MACT,
Gangavathi (for short, 'Tribunal').
3. Heard Smt.Soubhagya Vakkund, learned counsel
appearing for the appellant/claimant and Sri.R.R.Mane,
learned counsel appearing for the respondent
No.3/Insurance Company.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has committed
grave error in assessing the income as well as the disability
of the appellant. It is submitted that the claimant has
examined PW2, who has issued Disability Certificate and also
deposed before the Tribunal that the appellant/claimant has
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suffered 40% disability to the whole body, but the Tribunal
has assessed only 14% disability, hence, she seeks to
reassess the same appropriately. She further submits that
the award of compensation by the Tribunal on the other
heads is also on the lower side, hence, the same is required
to be substantially increased keeping in mind the injuries
suffered by the appellant. Thus, she seeks to allow the
appeal.
5. Per contra, learned counsel appearing for the
respondent No.3/Insurance Company supports the impugned
judgment and award of the Tribunal and submits that, PW2
is not a treated Doctor, hence, the assessment of the
disability by the Tribunal is just and proper and does not call
for any modification. He further submits that the Tribunal
has rightly assessed the compensation on all the other
heads, which does not call for enhancement. Thus, he seeks
to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the appellant/claimant and the learned
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counsel appearing for respondent No.3/Insurance Company.
Perused the material available on record.
7. It is not in dispute that the appellant met with
road accident on 10.05.2016 and suffered grievous injuries.
The evidence available on record indicates the appellant has
sustained fracture of right inferior public rami, crush and
burnt injury to the left hand. To support the disability, the
appellant examined Dr. Chandrashekhar Chiniwal as PW2,
who deposed before the Tribunal that the appellant has
sustained 40% of disability to the pelvis and external
genetelia, 20% to the left hand and 40% to the whole body.
This Court after re-appreciation of evidence of PW2 and
other material available on record, re-assesses the disability
of the appellant at 25%. Similarly, this Court re-assesses
the notional income of the appellant at Rs.8,750/- per month
placing reliance on notional income chart prepared by the
KSLSA. Hence, 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 17 x 25% = Rs.4,46,250/-
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8. This Court on perusal of the entire material
available evidence available on record is of the considered
view that the appellant is entitled to modified compensation
on the following heads:
Pain and suffering Rs. 40,000/-
Loss of amenities Rs. 30,000/-
Loss of future income due to disability Rs.4,46,250/-
Loss of income during laid-up period Rs. 26,250/-
Diet, food, nourishment and attendant Rs. 15,000/-
Medical expenses Rs. 15,872/-
-----------------
Total Rs.5,73,372/-
-----------------
9. Thus, the appellant is entitled to total
compensation of Rs.5,73,372/- as against Rs.2,35,232/-
awarded by the Tribunal.
10. 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.5,73,372/- as against
Rs.2,35,232/- awarded by the Tribunal.
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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/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) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
f) Draw modified award accordingly.
Sd/-
JUDGE
RH/JTR
Ct-an
