Karnataka High Court
Shri. Shrikant Narayan Patil vs Shri. Prabhu Shivaji Mastiholli on 7 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:11213-DB
MFA No. 100557 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH 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. 100557 OF 2018 (MV-I)
BETWEEN:
SHRI. SHRIKANT NARAYAN PATIL,
AGE 59 YEARS, OCCU. AGRICULTURAL COOLIE,
NOW NIL, R/O. 221, BALEKUNDRI GALLI,
KANGRALI K. H, TAL DIST: BELAGAVI.
...APPELLANT
(BY SRI. NITIN R. BOLABANDI, ADVOCATE)
AND:
1. SHRI. PRABHU SHIVAJI MASTIHOLLI,
AGE MAJOR, OCC: BUSINESS, R/O. 292, MARUTI GALLI,
MANNIKERI, POST KEDNUR, TAL DIST: BELAGAVI.
2. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD.,
Digitally signed
by JAGADISH T R BRANCH AT DAJIBAN PETH, HUBBALLI,
Location: High REPRESENTED BY ITS BRANCH OFFICE SHIKSHAK
Court of VISVAST MANDAL, SHIKSHAK BHAVAN,
Karnataka
Dharwad Bench OPP. SANMAN PETROL PUMP, COLLEGE ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI. SUBHASH J. BADDI, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO MODIFY THE ENHANCE THE COMPENSATION IN THE
JUDGMENT AND AWARD PASSED BY THE COURT OF IV ADL.
DISTRICT AND SESSIONS JUDGE AND ADDL. M.A.C.T, BELAGAVI
DATED 08-11-2017 OF M.V.C NO.2913/2016 BY ALLOWING THIS
APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
-2-
NC: 2024:KHC-D:11213-DB
MFA No. 100557 of 2018
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)
Though this appeal is listed for orders, 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 not
being satisfied with the quantum of compensation awarded
under judgment and award dated 8.11.2017 passed in MVC
No.2913/2016 on the file of learned VI Addl. District and
Sessions Judge & Addl. MACT, Belagavi1, praying for
enhancement of compensation.
3. Brief facts leading to filing of this appeal are that,
the claimant/injured filed a claim petition before the Tribunal
seeking compensation for the accidental injuries sustained on
23.11.2016 involving motorcycle bearing registration No.KA-
22/EQ-2431 and Bolero Goods vehicle bearing registration
No.KA-22/C-5223. Due to the accident, he became
permanently physically disabled. The claimant was aged about
'Tribunal', for short
NC: 2024:KHC-D:11213-DB
58 years at the time of the accident and was an agricultural
coolie and earning Rs.15,000/- per month.
4. On appearance, the respondent No.2/Insurer has
filed statement of objections denying the claim petition
averments. It was contended that both rider of the motorcycle
as well as driver of the offending vehicle had no valid and
effective driving license as on the date of accident. Thus,
prayed for dismissal of the claim petition.
5. Before the Tribunal, the claimant examined himself
as PW1 and examined a doctor as PW2 and got marked
documents as Ex.P1 to P15. The respondents did not examine
any witness but got marked copy of insurance policy as Ex.R1
with consent. The Tribunal on appreciation of entire material
available on record allowed the claim petition in part awarding
a total compensation of Rs.4,50,543/- with interest at the rate
of 6% per annum from the date of petition till realization.
Aggrieved by the same, the claimant/injured is in appeal.
6. Learned counsel Sri.Nitin R Bolabandi appearing for
the appellant/injured vehemently contends that the Tribunal
has erred in assessing the notional income of the injured at
Rs.8,000/- per month, since the claimant was doing agricultural
NC: 2024:KHC-D:11213-DB
work and earning Rs.15,000/- per month. He further submits
that the claimant has spent more than Rs.3 lakhs towards
medical expenses, however, the Tribunal has awarded only
Rs.1,26,743/-, which is on the lower side and contrary to the
material on record. He also submits that the quantum of
compensation awarded under other heads is also on the lower
side, hence, seeks enhancement of the same appropriately by
allowing the appeal.
7. Per contra, learned counsel Sri. Subhas J. Baddi
appearing for the respondent/Insurer supporting the impugned
judgment and award of the Tribunal submits that the Tribunal
taking note of the evidence available on record has rightly
justified in awarding just and proper compensation, which does
not warrant interference at the hands of this Court. Thus,
prays for dismissal of appeal.
8. Having heard the learned counsel for the parties
and on perusal of the appeal papers including the original
records of the Tribunal, the only point that falls for
consideration in this appeal is as to, whether the claimant is
entitled for enhanced compensation.
NC: 2024:KHC-D:11213-DB
9. The parties to the proceedings do not dispute the
occurrence of the accident on 23.11.2016, resulting in injuries
to the claimant. It is also not in dispute that due to the
accidental injuries, the claimant has sustained fracture of tibia
and fibula. It is the contention of the appellant that the Tribunal
committed an error in assessing the notional income of the
injured at Rs.8,000/- per month, which is on the lower side. In
the absence of cogent and acceptable evidence on record, this
Court is of the considered view that it would be just and
appropriate to assess the notional income of the injured at
Rs.8,750/- per month, taking note of the notional income chart
prepared by the KSLSA.
10. In support of the claim, the claimant examined the
doctor as PW2, who deposed that the claimant has suffered
fracture of tibia and fibula. He further deposed that the
claimant has got permanent physical disability to an extent of
40% to the right lower limb. The Tribunal taking note of the
injuries suffered by the claimant and also the evidence of PW2,
assessed the disability of the claimant at 20% to the whole
body, which in our view is just and proper and does not call for
interference. There is no dispute with regard to the age of the
NC: 2024:KHC-D:11213-DB
injured as 58 years and appropriate multiplier of 9. Thus, the
claimant is entitled to modified compensation on the head of
loss of future earnings due to disability as under:
Rs.8,750 x 12 x 9 x 20/100 = Rs.1,89,000/-
11. The Tribunal awarded a sum of Rs.60,000/-
towards pain and suffering, a sum of Rs.1,26,743/- towards
medical expenses based on medical bills produced and a sum of
Rs.40,000/- towards future medical expenses, which in our
view are just and reasonable and do not call for interference at
the hands of this Court. The Tribunal awarded a sum of
Rs.25,000/- under the head of loss of amenities, which is on
the lesser side. Taking note of the injuries sustained by the
claimant and also duration of treatment taken by him, it would
be just and appropriate to award a sum of Rs.40,000/- as
against Rs.25,000/- awarded by the Tribunal under the head of
loss of amenities. The claimant was an inpatient in KLE
Hospital, Belagavi for a period of eight days, hence, he would
be entitled to a sum of Rs.35,000/- (Rs.8750 x 4 months) as
against Rs.16,000/- awarded by the Tribunal. The Tribunal
awarded a sum of Rs.10,000/- under the head of food,
NC: 2024:KHC-D:11213-DB
nourishment, attendant charges and travelling expenses, which
is on the lower side and same requires to be enhanced to
Rs.20,000/-. Thus, the claimant would be entitled to modified
compensation on the following heads:
Pain and suffering Rs. 60,000/-
Loss of amenities Rs. 40,000/-
Medical expenses Rs.1,26,743/-
Loss of future earning Rs.1,89,000/-
Food, nourishment charges, attendant
& travelling expenses Rs. 20,000/-
Loss of income during laid-up period Rs. 35,000/-
Future medical expenses Rs. 40,000/-
------------------
Total Rs.5,10,743/-
------------------
12. In all, the claimant is entitled to total
compensation of Rs.5,10,743/- as against Rs.4,50,543/-
awarded by the Tribunal.
13. In the result, we proceed to pass the following:
ORDER
a) The appeal stands partly allowed.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant is entitled to total compensation of
Rs.5,10,743/- as against Rs.4,50,543/-
awarded by the Tribunal.
c) The enhanced compensation shall carry
interest at the rate of 6% per annum from
the date of petition till realization.
NC: 2024:KHC-D:11213-DB
d) The respondent/insurer shall deposit the
enhanced compensation amount with
accrued interest before the Tribunal 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.
f) Draw modified award accordingly.
g) No order as to costs.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
JTR/ct-an
