Karnataka High Court
Mr P T Thomas vs New India Assurance Company Ltd on 5 August, 2024
-1-
NC: 2024:KHC:31038
MFA No. 2306 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.2306 OF 2022(MV-I)
BETWEEN:
MR. P. T. THOMAS,
S/O PILIPOSE,
AGED ABOUT 57 YEARS
R/O NERLA HOUSE,
ICHILAMPADY POST AND
VILLAGE, PUTTUR TQ.,
PRESENTLY R/AT
Digitally signed by PANJIMOGARU KULOOR,
AASEEFA
PARVEEN MANGALORE.
Location: HIGH ...APPELLANT
COURT OF
KARNATAKA (BY SRI. GURUPRASAD B. R.,ADVOCATE (VC))
AND:
1. NEW INDIA ASSURANCE COMPANY LTD.,
12TH FLOOR, NAURGAN HOUSE
KASTURBA GANDHI MARG,
NEW DLEHI - 110001
LOCAL OFFICE:
FORTUNE BUILDING, 4TH FLOOR
OPP. TO ATHENA HOSPITAL, FALNIR,
MANGALURU - 575 002.
REPRESENTED BY MANAGER
2. MR. K. JAYARAM,
S/O SHIVAPPA GOWDA,
AGED MAJOR,
R/AT KODIBAIL HOUSE,
KADABA,
-2-
NC: 2024:KHC:31038
MFA No. 2306 of 2022
PUTTUR TQ - 574 221.
...RESPONDENTS
(BY SRI. A. R. LAKSHMI NARAYANA, ADVOCATE FOR R1 (VC);
V/O. DATED 16.03.2023,
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 08.07.2021 PASSED IN MVC
NO.369/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT
AND SESSIONS JUDGE, MACT-IV, DAKSHINA KANNADA,
MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Guruprasad.B.R, learned counsel for the
appellant as well as Sri.A.R.Lakshmi Narayana, learned
counsel who represents respondent No.1. Both the learned
counsel made their appearance through video conference
and argued.
2. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal-IV,
Dakshina Kannada, Mangaluru in MVC No.369/2018 dated
NC: 2024:KHC:31038
08.07.2021. As against the claim for Rs.10,00,000/-, the
Tribunal has awarded sum of Rs.3,79,370/- as
compensation and aggrieved by the same, the claimant is
before this Court by way of an appeal.
3. Arguing the matter, learned counsel
Sri.Guruprasad.B.R submits that though the Tribunal has
awarded just compensation under all heads, it failed to
award any amount towards loss of earning during laid up
period. Learned counsel states that the appellant
sustained fracture of both bones of left leg and he took
treatment as inpatient for a considerable period. Learned
counsel also states that the functional disability in respect
of whole body as assessed by the Tribunal is 15%.
Learned counsel further states that the appellant as an
agriculturist was earning huge sum by the date of accident
but due to the injury sustained, he could not move from
bed for a period of six months. Learned counsel ultimately
seeks to award just sum under the head loss of income
during laid up period.
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4. On the other hand, learned counsel
Sri.A.R.Lakshmi Narayana submits that the appellant took
treatment as inpatient only for a period of one week.
Learned counsel also states that considering the
immobility of the appellant during the said period, loss of
income during laid up period may be awarded.
5. As per material available on record the
appellant sustained punctured wound to his left leg and it
was found that there was fracture of both bones of left leg.
Also there were multiple abrasions over left forearm.
Further it is not in dispute that considering the evidence of
Pw.2 an Orthopedic Surgeon and evidence of Pw.1, the
Tribunal assessed the functional disability in respect of
whole body as 15%. The Tribunal took the notional income
of the appellant as Rs.11,000/- p.m. Having considered
the nature of injuries sustained and the treatment taken,
this Court is of the view that the appellant would not have
attended his normal duties atleast for a period of 4
months. Therefore, loss of earning during laid up period
NC: 2024:KHC:31038
comes to Rs.44,000/- (11,000X4). Except intervention in
that regard, this Court does not find any other grounds to
modify or add to the impugned order. Therefore, this
Court considers desirable to dispose of the matter
accordingly.
6. Thus the following:
ORDER
(i) Appeal is allowed in part.
(ii) The compensation awarded by Motor
Accidents Claims Tribunal-IV, Dakshina
Kannada, Mangaluru through orders in
MVC No.369/2018 dated 08.07.2021 is
enhanced by Rs.44,000/-.
(iii) The enhanced amount shall carry interest
at the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.1 is directed to deposit
enhanced amount within a period of
8(eight) weeks from the date of receipt of
copy of this order.
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(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM,
