Karnataka High Court
Hanumesh S/O Nagappa vs Aminuddin S/O Rajamahammad on 8 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:5847
MFA No. 201365 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 201365 OF 2017 (MV-I)
BETWEEN:
HANUMESH S/O NAGAPPA,
AGE: 30 YEARS, OCC: STAFF NURSE IN 108
AMBULANCE R/O KUSTAGI, WORKING AT
DIST: HOSPITAL, RAICHUR R/O. L.B.S. NAGAR
RAICHUR-585401.
...APPELLANT
(BY SRI BABU H METAGUDDA, ADVOCATE)
AND:
1. AMINUDDIN
S/O RAJAMAHAMMAD
Digitally signed AGE: 31 YEARS, OCC: DRIVER
by SUMITRA
SHERIGAR R/O KANADAL, DIST: KALABURAGI-585101.
Location: HIGH
COURT OF 2. D.H.W.O. D/O G.V.K. EMERGENCY
KARNATAKA
MANAGEMENT & RESEARCH INSTITUTE
S.T.D.C. HOUSING BOARD COLONY,
OPP: GOVT UNANI MEDICAL COLLEGE,
G.M.S. COMPOUND, MADAGI ROAD,
BANGALORE-560079
(OWNER & INSURED OF
AMBULANCE-108,
NO.KA-40/G-0227).
3. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD,
-2-
NC: 2024:KHC-K:5847
MFA No. 201365 of 2017
THROUGH DIVL, OFFICE, GANDHI CHOWK,
RAICHUR - 585401
(I.O.CHIKMAGALORE)
...RESPONDENTS
(BY SRISHARNABASAPP M. PATIL, ADV. FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND
AWARD DATED 08.12.2016 PASSED IN MVC No.132/2013 BY
THE I ADDL. DIST. AND SESSIONS JUDGE RAICHUR AND
ENHANCE THE COMPENSATION FROM RS.3,94,750/- WITH 9%
INTEREST TO RS.14,99,000/- WITH 12% INTEREST AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claimant is in appeal for the enhancement
compensation of Rs.3,94,750/- that is awarded as
compensation for the injuries suffered by him.
2. The occurrence of the accident is not in dispute and
so also the liability of the insurer to pay the said
compensation.
3. The claimant due to the accident suffered, an open
type-II B fracture to both bones of the forearm on the left
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side with left acetabular fracture (posterior wall). For this
injury, he underwent a course of treatment at M.S.
Ramaiah Hospital between 25.09.2012 to 17.12.2012, i.e.,
for a period of nearly three months.
4. The claimant underwent the following procedures:
"Patient was admitted in hospital
evaluated clinically and radiologically and
planned for OT.
Treatment given / Procedure Done:
27/9/2013 - Wound debridement
+ulnar nailing+ K wire fixation of left
forearm and hand.
29/9/2012 - ORIF + Recar plate with
iliofemoral approach for left acetabular
fracture.
22/10/2012 - ORF + 7 holed LCP for
radius with radial head excision.
4/12/2012 - ORIF + plating of distal
radius left side."
5. Subsequently, the claimant was once again admitted
between 22.01.2013 to 04.03.2013 for consequential
surgeries, i.e., for ulna nail removal.
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6. He was once again admitted on 16.04.2013 and
discharged on 04.06.2013 for Sequestectomy implant
removal. He was also admitted for the fourth time on
28.01.2014 and discharged on 21.02.2014 for iliac crest
bone grafting.
7. These discharge summaries do indicate that the
injuries suffered by him were grievous in nature and he
had to undergo more than one procedure spread over
nearly a year.
8. In this view of the matter, though the treated doctor
has not been examined, it would be appropriate to treat
the disability at 20% taking into consideration that the
claimant was working as a nurse in the 108 Ambulance.
9. The evidence on record, viz., Ex.P-12--pay slip for
the month of September 2012 and the bank statement for
having credited the same into his account, indicates that
the claimant was getting a gross salary of Rs.14,242/-.
As such, the same is taken as his monthly income.
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10. Since the claimant has suffered grievous injuries, it is
obvious that there would be a dip in his earning capacity
proportionately though it is stated by the employer that he
has not been removed.
11. It is to be kept in mind that if a nurse has to undergo
multiple operations spread over a period of one year, there
would be an element of disability and his capability to earn
a normal income would stand decreased. Therefore, it
would be appropriate to determine the loss of future
income by considering his disability at 20% and award him
a sum Rs.5,81,074/- [Rs.14,242/- x 17 x 20% x 12] towards
loss of future income.
12. The Tribunal has awarded sum of Rs.50,000/-
towards pain and suffering. In my view, since the
claimant has to undergo multiple surgical procedures
spread over a year, it would be appropriate to enhance the
said sum to Rs.75,000/-.
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13. The claimant would also be entitled to a sum of
Rs.50,000/- towards loss of amenities.
14. The sum of Rs.14,214/- awarded towards medical
expenses is affirmed since the same is based on the
documentary evidence.
15. The Tribunal is awarded only sum of Rs.10,000/- for
the attendant, nourishment and conveyance charges.
Since the claimant was admitted on four occasions at
Ramaiah Hospital in Bangalore, it would be appropriate to
enhance the said sum to Rs.50,000/-.
16. The claimant was admittedly treated from
September-2012 to January-2014, it would therefore be
appropriate to take up the laid period as six months and
award him a sum of Rs.85,452/- [Rs.14,242/- x 6]
towards loss of income during laid up period.
17. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
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Compensation
Compensation
as awarded
Sl. as awarded
by the
No. Nature of Heads by this Court
Tribunal
(In Rs.)
(In Rs.)
Loss of future 5,81,074/-
1. 2,90,536/- [Rs.14,242/- x 17
income x 20% x 12]
2. Pain and suffering 50,000/- 75,000/-
3. Medical expenses 14,214/- 14,214/-
Conveyance, food
and nourishment,
4. attendant and 10,000/- 50,000/-
other incidental
charges
Loss of income
5. during laid up 30,000/- 85,452/-
[Rs.14,242/- x 6]
period
Loss of amenities
6. Nil 50,000/-
in life
Total 3,94,750/- 8,55,740/-
18. Thus, the claimant is held entitled to the total
compensation of Rs.8,55,740/- as against Rs.3,94,750/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
19. The Insurance Company is directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
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20. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
21. In view of the disposal of the appeal, all pending
interlocutory applications, if any, stand disposed of.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
RK
