Thippeswamy vs Thippeswamy S
2024 Latest Caselaw 3030 Kant

Citation : 2024 Latest Caselaw 3030 Kant
Judgement Date : 1 February, 2024

Karnataka High Court

Thippeswamy vs Thippeswamy S on 1 February, 2024

                                          -1-
                                                      NC: 2024:KHC:4517
                                                   MFA No. 8396 of 2013




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 8396 OF 2013 (MV-I)
             BETWEEN:

             1.    THIPPESWAMY
                   S/O THIPPESWAMY
                   AGED ABOUT 37 YEARS
                   MASON R/O KYADIGERE VILLAGE
                   CHITRADURGA TALUK-577501
                   CHITRADURGA DISTRICT
                                                            ...APPELLANT
             (BY SRI. SIDDAPPA B M.,ADVOCATE)

             AND:

             1.    THIPPESWAMY S
                   S/O SHIVANNA
                   OWNER OF THE TATA SUMO
                   MAXI CAB BEARING REG NO.
                   KA-16-A-813
Digitally
signed by          THIPPAJI CIRCLE
BHARATHI S         S P OFFICE ROAD
Location:          CHITRADURGA TOWN-577501
HIGH
COURT OF
KARNATAKA    2.    DIVISIONAL MANAGER
                   UNITED INDIA INSURANCE CO LTD
                   DIVISIONAL OFFICE
                   34/3, MMK COMPLEX
                   AKKAMAHADEVI ROAD
                   P J EXTENSION
                   DAVANAGERE-577002
                                                         ...RESPONDENTS
             (BY SRI. O MAHESH FOR R2, ADVOCATE)

                  THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 14.3.2013         PASSED IN MVC
             NO.369/2012 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL
                                                 -2-
                                                                  NC: 2024:KHC:4517
                                                            MFA No. 8396 of 2013




JUDGE, MACT-5, CHITRADURGA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:



                                       JUDGMENT

The above appeal is filed by the claimant challenging the

judgment and award dated 14.3.2013 passed in MVC

No.369/2012 by the I Additional Senior Civil Judge and MACT-

V, Chitradurga1, seeking for enhancement of the compensation.

2. For the sake of convenience, the parties herein are

referred as per their rank before the Tribunal.

3. The Tribunal by judgment and award dated

14.3.2013 has awarded a compensation of `1,65,600/- together

with interest at 6% pa., and directed respondent No.2 - insurer

to deposit the compensation awarded. The finding of the

Tribunal on negligence and liability is not under challenge.

Hence, the only aspect that is required to be considered in the

present appeal is whether the quantum of compensation

awarded by the Tribunal is required to be enhanced.

Hereinafter referred to as the 'Tribunal'

NC: 2024:KHC:4517

4. The claimant was aged 35 years as on the date of

the accident i.e., 25.2.2012. Hence, the appropriate multiplier

to be applied is 16 as has been assessed by the Tribunal.

5. The wound certificate (Ex.P35) as well as the

disability card (Exs.P36 and 37) discloses that the claimant has

sustained fracture of the right tibia. Ex.P36 discloses that the

claimant was treated as an inpatient from 25.2.2012 to

19.3.2012 at the District Hospital, Chitradurga. Ex.P37

discloses that the claimant was treated as an inpatient at Fortis

Hospital, Bengaluru, from 4.12.2012 to 10.12.2012. The

doctor has been examined as PW.3 and the disability certificate

(Ex.P38) discloses that the doctor has assessed the disability at

71% to the right lower limb. The Tribunal has assessed the

disability to the whole body at 10%. However, having regard

to the period of treatment as well as the photographs (Ex.P40

and P41) as also the testimony of the doctor (PW.3) that the

claimant has difficulty in carrying out activities of daily living,

and having regard to the fact that the clamant is a mason, it is

just and proper that the functional disability be reassessed at

20%.

NC: 2024:KHC:4517

6. The claimant has not produced any documents to

demonstrate the income he was earning as a mason. The

Tribunal has assessed the income as `4,500/- pm. Having

regard to the fact that no documents have been produced to

prove the income, the income is required to be reassessed as

notional income as per the chart followed for settlement of

claims in the Lok Adalath conducted by the Legal Services

Authority and having regard to the date of the accident i.e.,

25.2.2012, the income is reassessed as `7,000/- pm.

7. In view of the aforementioned, the compensation

awarded by the Tribunal is reassessed as follows:

7.1 The Tribunal has awarded a sum of `30,000/-

towards pain and suffering. Having regard to the nature of

injuries sustained, it is just and proper that the same be

reassessed as `40,000/-.

7.2 The Tribunal has awarded a sum of `50,000/-

towards medical expenses. However, it is forthcoming from the

inpatient bill (Ex.P67) issued by the Fortis Hospital, Bengaluru,

that a total sum of `91,956/- is incurred by the claimant

towards hospital charges. Having regard to the fact that the

NC: 2024:KHC:4517

claimant has earlier taken treatment at Chitradurga, it is just

and proper that the medical expenses be reassessed as

`1,00,000/-.

7.3 The Tribunal has not awarded any amount towards

loss of income during laid up period. Having regard to the

nature of injuries sustained and the period of treatment, the

period of treatment is taken as three months and the loss of

income during laid up period is awarded in a sum of (`7,000/-

x3) `21,000/-.

7.4 The Tribunal has not awarded any amount towards

food, nutrition, conveyance and attendance charges. Having

regard to the nature of injuries sustained and the period of

treatment, the same is assessed at `20,000/-.

7.5 The Tribunal has awarded a sum of `10,000/-

towards loss of amenities. Having regard to the nature of

injuries sustained and the resultant disability, it is just and

proper that the same be reassessed as `25,000/-.

7.6 The loss of earning capacity is reassessed at

(`7000/-x12x16x25%) `2,68,800/- as against `75,600/-

awarded by the Tribunal.

NC: 2024:KHC:4517

8. Accordingly, the total compensation under various

heads is reassessed as follows:

Sl.No. Heads Amount awarded Amount awarded by the Tribunal by this Court (`) (`)

1. Pain and suffering 30000.00 40000.00

2. Medicine expenses 50000.00 100000.00

3 Loss due to disability 75600.00 268800.00

4 Loss of amenities 10000.00 25000.00

5 Loss of income during 0.00 21000.00 treatment period

6 Food, nutrition, 0.00 20000.00 conveyance and attendant charges

Total 165600.00 474800.00

9. Hence, the claimant is entitled for enhanced

compensation of (`474800 - `165600) `3,09,200/-, which is

rounded off to `3,10,000/- together with interest at 6% p.a.

10. In view of the aforementioned, the following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 14.3.2013 passed in MVC No.369/2012 by the I Additional Senior Civil

NC: 2024:KHC:4517

Judge and MACT-V, Chitradurga, is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The claimant is entitled to enhanced compensation of `3,10,000 /- with interest at 6% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

iv) Respondent No.2 - Insurance Company is directed to deposit the said compensation together with accrued interest within a period of eight weeks from the date of receipt of a copy of this judgment;