Karnataka High Court
Rajesh S/O Jayaprakash Kulkarni vs Smt.Laxmi W/O Basappa Gangavatri on 1 February, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:2251-DB
MFA No. 104477 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 104477 OF 2019 (MV-I)
BETWEEN:
RAJESH S/O. JAYAPRAKASH KULKARNI,
AGE: 24 YEARS, OCC: STUDENT,
NOW NIL, R/O. YALAVIGI,
TQ: SAVANUR, DIST: HAVERI-581118.
...APPELLANT
(BY SRI. RAJESH J. KULKARNI, ADVOCATE)
AND:
1. SMT. LAXMI W/O. BASAPPA GANGAVATI,
AGE: 43 YEARS, OCC. HOUSEHOLD WORK,
R/O. VEERAPUR ONI, KARIYAMMA DEVI GUDI,
HUBBALLI, DIST: DHARWAD-580020.
2. THE DIVISIONAL MANAGER,
Digitally signed by
CHANDRASHEKAR
UNITED INDIA INSURANCE COMPANY LTD,
N. K. COMPLEX, HUBLI-580020.
CHANDRASHEKAR LAXMAN
LAXMAN KATTIMANI
KATTIMANI
Date: 2024.02.13
14:45:58 +0530
...RESPONDENTS
(BY SRI. N. R. KUPPELLUR, ADVOCATE FOR RESPONDENT NO.2;
NOTICE TO RESPONDENT NO.1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO MODIFY BY ENHANCING THE JUDGMENT AND AWARD
PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MACT,
SHIGGOAN IN MVC NO.9/2017 (OLD MVC NO.68/2016) DTD:
31/05/2019 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
K V ARAVIND, J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2251-DB
MFA No. 104477 of 2019
JUDGMENT
Though this appeal is listed for admission, with
consent of both the learned counsels, matter is taken up for
final disposal.
2. This appeal by the claimant, being dissatisfied
with the compensation awarded in M.V.C. No.9/2017 dated
31.05.2019 by Member, MACT, Shiggaon (for short,
'Tribunal'), praying for enhancement of compensation.
3. The claimant-petitioner preferred a claim petition
under Section 166 of the Motor Vehicles Act, 1988 claiming
compensation of Rs.20,00,000/- for the injuries sustained in
road traffic accident that has taken place on 06.11.2012
involving passenger tempo bearing registration No.KA-25/M-
3463. It is pleaded that the claimant has incurred sum of
Rs.8,00,000/- towards medical expenses and was earning a
sum of Rs.15,000/- per month.
4. On issuance of notice, respondents appeared
through their counsels. The 1st respondent denied the
petition averments, contended that offending vehicle is
NC: 2024:KHC-D:2251-DB
covered by policy issued by the 2nd respondent and prayed
that if any liability should be fastened on the insurer. The 2nd
respondent-insurer denying the insurance policy to the
offending vehicle contended that terms and conditions of the
policy have been violated and also denied the medical
expenses and income of the claimant.
5. The claimant-petitioner examined himself as PW1
and marked documents as Exs.P1 to P312. Respondents
have not examined any witness. However, marked Ex.R1.
The Tribunal considering the monthly income at Rs.8,000/-
and assessing the disability at 25% awarded following
compensation.
1. ªÉÊzÀåQÃAiÀÄ ªÉZÑÀPÁÌV - gÀÆ.3,47,744-00
2. C¥ÀWÁvÀzÀ°è DzÀ UÁAiÀÄUÀ½AzÀ £ÉÆëUÁV
ªÀÄvÀÄÛ zÀÄ:RPÁÌV - gÀÆ. 60,000-00
3. ¸ÀAZÁj ªÉZÑÀPÁÌV - gÀÆ. 25,000-00
4. ¥Ë¶ÖPÀ DºÁgÀPÁÌV - gÀÆ. 50,000-00
5. ¨sÀ«µÀåzÀ DzÁAiÀÄzÀ £ÀµÖÀzÀ ¸À®ÄªÁV - gÀÆ.1,89,000-00
6. D¸ÀàvÉæAiÀÄ°è M¼ÀgÆ
É ÃVAiÀiÁzÀ ªÉZÑÀPÁÌV - gÀÆ. 25,000-00
7. EvÀgÉà ªÉZÀÑPÁÌV - gÀÆ. 25,000-00
------------
MlÄÖ - gÀÆ.7,21,744-00
NC: 2024:KHC-D:2251-DB
6. Heard learned counsel Sri. Rajesh J.Kulkarni, for
the claimant-petitioner and Sri. N.R.Kuppelur, learned
counsel for respondent No.2. Notice to respondent No.1 is
dispensed with.
7. Learned counsel for the petitioner submits that
the petitioner was earning a sum of Rs.15,000/- at the time
of accident by working in a private office and incurred
Rs.8,00,000/- towards medical expenses for treatment due
to the accident. It is further contended that due to the
accident, claimant has suffered fracture injuries to right hand
and right leg and suffered pulmonary embolism. The
compensation awarded by the Tribunal is on the lower side.
Learned counsel prays to enhance the compensation.
8. Learned counsel for respondent/insurer submits
that the compensation awarded by the Tribunal on the basis
of the evidence on record is just and proper, no interference
is warranted. On the above submissions, prays to dismiss the
appeal.
NC: 2024:KHC-D:2251-DB
9. Having heard the learned counsel for the parties
and on perusal of the appeal papers along with original
records, the only point that would fall for consideration in
this appeal is, whether the claimant/injured would be entitled
for enhanced compensation?
10. Answer to the above point is 'in the affirmative'
for the following reasons.
11. The injuries suffered by the claimant-petitioner
due to accident involving passenger tempo bearing
registration No.KA-25/M-3463 on 06.11.2012 is not in
dispute in this appeal. The claimant in this appeal is only on
the quantum of compensation awarded. The percentage of
disability, age of the claimant is not in dispute. The Tribunal
in the absence of any evidence to prove the income of the
claimant has rightly proceeded to assess the monthly income
notionally. The Tribunal has assessed notional income at
Rs.5,000/- per month. As per the chart prepared by the
Karnataka State Legal Services Authority (KSLSA)
considering the wages and expenses during the year 2012,
notional income is to be assessed at Rs.6,500/- per month.
NC: 2024:KHC-D:2251-DB
The Tribunal committed an error in deducting 50% towards
personal expenses.
12. Ex.P197 is the Disability Certificate of the
claimant issued by PW2-doctor, wherein it is stated that the
claimant/injured has sustained permanent disability around
25-30% of right upper limb and 40-45% of right lower limb.
13. Further, the Tribunal committed an error in
deducting 50% of assessed income towards personal
expenses. Deduction towards personal and living expenses
is to be made while assessing the income of deceased. In
the present case income is assessed in the case of injured.
There is no dispute with regard to the age of the claimant
i.e. 22 years. The Tribunal rightly adopted multiplier of '18'
to the age of the claimant. Thus, the claimant would be
entitled to compensation on the head of loss of earning
capacity at Rs.3,51,000/- (Rs.6,500 X 12 (months) x 18
(multiplier) x 25/100 (disability).
14. Further, the Tribunal awarded a sum of
Rs.3,47,744/- towards medical expenses, which is on the
NC: 2024:KHC-D:2251-DB
basis of evidence on record and correct and needs no
interference. The Tribunal committed an error in not
awarding any compensation on the head of loss of amenities.
It is just and proper to award a sum of Rs.50,000/- on the
head loss of amenities. Thus, the claimant would be entitled
to modified compensation as under:
Sl.No. Particulars Amount
1. Medical expenses Rs.3,47,744/-
2. Pain & suffering Rs.60,000/-
3. Towards traveling expenses Rs.25,000/-
4. Towards food nutrition Rs.50,000/-
5. Loss of earning capacity Rs.3,51,000/-
6. Towards attendant charges as Rs.25,000/-
an inpatient
7. Towards other expenses Rs.25,000/-
8. Loss of amenities Rs.50,000/-
Total Rs.9,33,744/-
15. Thus, the claimant would be entitled to total
compensation of Rs.9,33,744/- as against Rs.7,21,744/-
awarded by the Tribunal.
16. Hence, we pass the following order.
ORDER
a) The appeal is allowed in part.
b) The impugned judgment and award passed by
the Tribunal is modified to the extent that the
NC: 2024:KHC-D:2251-DB
claimant would be entitled to total
compensation of Rs.9,33,744/- as against
Rs.7,21,744/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till date of payment.
d) Respondent-Insurance Company shall deposit
the enhanced compensation amount along
with accrued interest before the Tribunal
within a period of six weeks from the date of
receipt of certified copy of this judgment.
e) Deposit and disbursement shall be made as
per award of the Tribunal.
f) Registry to transmit the records to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
