Karnataka High Court
Praveen S/O Mallappa Konnur vs Shri.Gurupad S/O Gurulingappa ... on 2 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:10973-DB
MFA No. 100010 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.100010 OF 2019 (MV-I)
BETWEEN:
PRAVEEN S/O MALLAPPA KONNUR
AGE: 25 YEARS,
OCC: WEAVER, NOW NIL,
R/O: BANAHATTI-587313.
TQ: JAMAKHANDI,
DIST: BAGALKOT.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
1. SHRI. GURUPAD S/O GURULINGAPPA HOSAMANI
AGE: 47 YEARS, OCC: OWNER OF TRAX,
R/O: HIPARAGI-587315.
TQ: JAMAKHANDI, DIST: BAGALKOT.
Digitally signed
by JAGADISH T
R 2. THE DIVISIONAL MANAGER
Location: High
Court of NATIONAL INSURANCE CO. LTD.,
Karnataka
Dharwad Bench NEAR KEB, NAVANAGAR,
BAGALKOT-587310,
BAGALKOT.
...RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2,
R1-DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 27.09.2018 PASSED
IN MVC NO.406/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS AND MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-XIII, BANAHATTI, ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-2-
NC: 2024:KHC-D:10973-DB
MFA No. 100010 of 2019
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
1. This appeal is filed by the injured-
appellant/claimant seeking enhancement of compensation
being aggrieved by the judgment and award dated
27.09.2018 passed in MVC No.406/2017 on the file of the
Senior Civil Judge & JMFC & Member MACT-XIII,
Banahatti.
2. Brief facts leading to fling of this appeal are
that, on 15.02.2017 at about 10:00 p.m. when the
appellant/claimant was proceeding on his motorcycle
bearing registration No.KA-48/Q-6882 along with his
friend from Bandigani to their village after attending the
function, the driver of the Cruiser bearing registration
No.KA-48/M-5340 came in a rash and negligent manner
from the opposite side and dashed to his motorcycle.
NC: 2024:KHC-D:10973-DB
Resultantly the appellant sustained grievous injuries. He
was provided treatment at Government Hospital at
Banahatti and later shifted to the Kanakreddy Hospital at
Mahalingspur. Due to the accident, the appellant/claimant
suffered disability due to the accidental injuries and was
unable to work as he was working prior to the accident.
Hence, he filed claim petition seeking compensation for
the accidental injuries.
3. Respondents entered appearance before the
Tribunal and filed their written statement denying the
averments made in the claim petition. They have denied
that, the accident was caused due to the negligence of
the driver of the cruiser vehicle. They have also denied the
age, income, avocation and injuries of the
appellant/claimant and sought for dismissal of the claim
petition.
4. The Tribunal recorded the evidence of the
parties. The claimant examined himself as PW1 and also
examined two Doctors namely Dr. Sandeeps S/o.
NC: 2024:KHC-D:10973-DB
Venkappa Kanakaraddi as PW2 and Dr. Neelakanth S/o.
Mahantappa Nalatawad as PW3 and got marked 14
documents as Exs.P1 to P14. The respondents did not
adduce any oral evidence and with the consent, got
marked documents as Exs.R1 to R3 and Exs.C1 to C5.
5. The Tribunal after considering the evidence
available on record, allowed the claim petition and
awarded total compensation of Rs.9,32,528/- along with
interest at the rate of 6% per annum from the date of
petition till its deposit. Being aggrieved by the same, the
injured-appellant/claimant has filed this present appeal
seeking enhancement of compensation.
6. Shri H.R. Latur, learned counsel appearing for
the appellant submits that, the Tribunal has committed an
error in assessing income & disability of the injured and
awarded meager compensations under the heads of Pain &
Suffering, incidental expenses like attendant & conveyance
charges etc. Hence, he seeks for allowing of the appeal by
NC: 2024:KHC-D:10973-DB
reassessing the same by considering the pleadings of the
parties.
7. Per contra, Shri M.K. Soudagar, learned counsel
appearing for the Insurer supports the impugned
judgment and award passed by the Tribunal and submits
that, the compensation awarded by the Tribunal is just
and proper and is based on the evidence produced by the
claimant. Hence, he seeks for dismissal of the appeal.
8. We have heard the learned counsel appearing
for the parties and meticulously perused the grounds of
appeal and the records of the Tribunal; the only point that
would arise for our consideration is as to whether the
judgment and award of the Tribunal calls for any
interference?
9. The parties to the proceedings do not seriously
dispute that the appellant/claimant had sustained grievous
injuries in a road traffic accident, which occurred on
15.02.2017. He was initially provided treatment at
NC: 2024:KHC-D:10973-DB
Government Hospital at Banahatti and later he was shifted
to the Kanakaraddi Hospital at Mahalingapur, wherein he
was operated and admitted as an inpatient for about 24
days. The Tribunal taking note of the oral evidence of PW1
& PW2 & PW3 - Doctors have assessed the disability of the
injured at 26%. We re-appreciate the entire medical
evidence available on record including the oral testimony
of the Doctors, it is evident that the claimant has
sustained the following injuries, viz.:
(i) Left orbital;
(ii) Pre maxillary fractures;
(iii) Bilateral nasal bones;
(iv) Orbital floor, lower fractures involving; &
(v) Right obdy of the mandible and anterior
part of left body extending to the angle of
mandible.
10. Taking note of the aforesaid injuries and other
medical records, we are of the considered view that, it
would be just and appropriate to reassess the disability at
30% instead of 26% as assessed by the Tribunal. The
Tribunal has assessed the income of the injured at
NC: 2024:KHC-D:10973-DB
Rs.8,000/- p.m. admittedly the appellant has not placed
on record any cogent and legally acceptable evidence with
regard to the income. Hence, we assess the income of the
injured notionally at Rs.10,250/- p.m. placing reliance on
the Notional Income Chart prepared by the Karnataka
State Legal Services Authority. Further, the Tribunal has
applied the appropriate multiplier of 18 based on the age
of the injured at the time of the accident. Thus, the injured
would be entitled to compensation under the head "loss of
future income due to functional disability" at
Rs.6,64,200/- (Rs.10,250/- x 12 x 18 x 30%).
11. Taking note of the treatment provided to the
injured-appellant/claimant, we reassess the compensation
awarded under the head "Pain & Suffering" at
Rs.50,000/- as against Rs.20,000/- by the Tribunal. The
Tribunal has awarded compensation of Rs.10,000/-
towards incidental expenses like attendant & conveyance
charges etc., & Rs.10,000/- towards food and
nourishment, which is on the lower side. Hence, we
NC: 2024:KHC-D:10973-DB
reassess the same at Rs.30,000/- towards "incidental
expenses like attendant & conveyance charges etc., & food
and nourishment".
12. Further, the appellant has sustained the
aforesaid injuries and fractures and was admitted as an
inpatient in the hospital at Mahalingapur for substantial
period, we are of the considered view that the injured-
appellant/claimant requires a five month period to recover,
so it would be just and proper to award Rs.51,250/-
(Rs.10,250/- x 5 months) under the head "loss of income
during the laid up period" instead of Rs.16,000/- awarded
by the Tribunal.
13. Further, the appellant is also entitled to a sum
of Rs.50,000/- under the head "loss of amenities" as
against Rs.10,000/- awarded by the Tribunal. Insofar as
the compensation of Rs.4,17,248/- awarded by Tribunal
under "Medical expenses, Hospital Bills and another
Hospital Bills" is unaltered.
NC: 2024:KHC-D:10973-DB
14. Thus, the injured-appellant/claimant would be
entitled to modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of future income due to Rs.6,64,200/-
functional disability
Pain & Suffering Rs.50,000/-
"Medical expenses, Hospital Bills Rs.4,17,248/-
and another Hospital Bills
incidental expenses like attendant Rs.30,000/-
& conveyance charges etc., & food
and nourishment
Loss of income during laid up Rs.51,250/-
period
Loss of amenities Rs.50,000/-
Total Rs.12,62,698/-
15. Thus, the injured-appellant/claimant would be
entitled to total compensation of Rs.12,62,698/- as
against Rs.9,32,528/- awarded by the Tribunal.
16. In the result, we proceed to pass the following:
ORDER
(i) The appeal stands allowed in part.
(ii) The impugned judgment and award of the
Tribunal is modified to an extent that the
injured-appellant/claimant would be
- 10 -
NC: 2024:KHC-D:10973-DB
entitled to total compensation of
Rs.12,62,698/- as against Rs.9,32,528/-
awarded by the Tribunal.
(iii) The enhanced compensation amount shall
carry interest at the rate of 6% p.a. from
the date of petition till the date of
payment.
(iv) The respondent - Insurance Company to
pay the entire compensation amount
along with interest to the injured-
appellant/claimant within a period of six
weeks from the date of receipt of a
certified copy of this judgment.
(v) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
(vi) Draw modified award accordingly.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
VNP / CT: VP
