Karnataka High Court
Basavaraj G Alias Goggad S/O Timmayya vs Santosh Kumar S/O Shankukhappa Maganur on 5 April, 2024
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NC: 2024:KHC-D:6212
MFA No. 103284 of 2022
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. 103284 OF 2022 (MV-I)
BETWEEN:
BASAVARAJ G. @ GOGGAD S/O. TIMMAYYA,
AGE: 24 YEARS, OCC: AGRICULTURE &
PRIVATE WORK, R/O. TUMMINAKATTI,
TQ: RANEBENNUR, DIST: HAVERI-581103.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. SANTOSH KUMAR S/O. SHANKUKHAPPA MAGANUR,
AGE: 43 YEARS, OCC: BUSINESS WORK,
R/O. KOTIHAL, TQ: RANEBENNUR-581111,
DIST: HAVERI.
2. THE LEGAL CLAIMS MANAGER,
IFFCO TOKIO GENERAL INSURANCE CO. LTD,
SUDEV PLAZA, 3RD FLOOR, OPP. LAXMI TEMPLE,
Digitally signed DAJIBANPETH, HUBBALLI-580020.
by JAGADISH T ...RESPONDENTS
R (BY SRI. M. Y. KATAGI, ADV. FOR R2;
Location: HIGH NOTICE TO R1 DISPENSED WITH)
COURT OF
KARNATAKA THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 02.02.2021
PASSED IN MVC NO.1331/2019 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RANEBENNUR, 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:6212
MFA No. 103284 of 2022
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 02.02.2021 passed in MVC
No.1331/2019 on the file of II Addl. Senior Civil Judge and
Addl. MACT, Ranebennur (for short, 'Tribunal').
2. Heard Sri.Chandrashekhar.M.Hosamani learned
counsel appearing for the appellant and Sri.M.Y.Katagi 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 of the claimant/injured. The award of
compensation by the Tribunal on the other heads is required to
be enhanced appropriately 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
disability assessed by the Tribunal is just and proper based on
the oral testimony of PW2 and considering the other medical
evidence available on record. He submits that the award of
NC: 2024:KHC-D:6212
compensation by the Tribunal is just and proper 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 and perused the material available on record.
6. It is not in dispute that the appellant was met with a
road accident on 02.03.2019 and sustained fracture for
mandible. The material available on record indicates that three
toes of the left foot have been amputated. Hence, taking note
of the same and considering the evidence available on record,
this Court reassess the disability of the claimant/injured at
20%. There is no dispute with regard to the income, age of the
claimant/injured as 32 years and multiplier of 16. Thus, loss of
future income due to disability is recomputed as under:
Rs.13,250 (income) x 12(months) x 16(multiplier) x 20%
(disability) = Rs.5,08,800/-
7. This Court taking note of the injuries and disability
suffered by the appellant and also keeping in mind the
appellant was inpatient for a period of 16 days and underwent
surgery, is of the considered view that the appellant would be
entitled to Rs.39,750/- under the head of loss of income
during laid-up period. The appellant is entitled to Rs.50,000/-
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under the head of pain and suffering and Rs.30,000/- under
the head of loss of amenities. The award of compensation on
the other heads is unaltered. Thus, the appellant would be
entitled to modified compensation under the following heads:
Particulars Amount
(in Rs.)
Pain and sufferings 50,000/-
Loss of amenities 30,000/-
Loss of income during laid-up period 39,750/-
Loss of future income due to disability 5,08,800/-
Medical expenses 1,00,000/-
Food, diet and attendant charges 15,000/-
Total 7,43,550/-
Thus, the claimant/appellant would be entitled to total
compensation of Rs.7,43,550/- as against Rs.5,48,100/-
awarded by the Tribunal.
8. 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.7,43,550/- as
against Rs.5,48,100/- 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 No.2/Insurance
Company to pay the entire
compensation amount along with
interest to the appellant/claimant within
six weeks from the date of receipt of
certified copy of this judgment.
e) On such deposit, the same shall be
released in favour of the
appellant/claimant.
f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
