Karnataka High Court
Rachappa @ Rachanna vs Abbas Ali And Anr on 1 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2024:KHC-K:1191-DB
MFA No. 201462 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 201462 OF 2022 (MV-I)
BETWEEN:
RACHAPPA @ RACHANNA S/O MALLAPPA KOTIKHANI,
AGE: 64 YEARS, OCC: AGRICULTURE,
NOW NIL, (SUFFERED 100% DISABILITY),
R/O VILLAGE MADRAKI, TQ: SHAHAPUR,
NOW RESIDING AT H.NO.1-981/15/207,
UDNOOR ROAD, KALABURAGI-585102.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
Digitally signed 1. ABBAS ALI S/O USMAN SAB,
by RAMESH
MATHAPATI AGE: MAJOR, OCC: NOT KNOW,
Location: HIGH
COURT OF OWNER OF HONDA CB SHINE,
KARNATAKA
MOTOR CYCLE NO.KA-32/EK-0699,
R/O VILLAGE GANWAR, TQ: JEWARGI,
DIST: KALABURAGI-585102.
2. THE MANAGER,
IFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 AND G13,
ASIAN ARCADE, NEAR ANAND HOTEL,
S.B. TEMPLE ROAD, KALABURAGI.
THROUGH ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SRI. SUDARSHAN M., ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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NC: 2024:KHC-K:1191-DB
MFA No. 201462 of 2022
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 27.11.2021 PASSED IN MVC
NO.623/2018 BY THE I ADDL. SENIOR CIVIL JUDGE AND
MACT, KALABURAGI AND ENHANCING THE COMPENSATION
FROM RS.9,41,900/- WITH 6% INTEREST TO RS.46,00,000/-
WITH 12% INTEREST.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellant's claim petition in MVC No.623/2018 on
the file the I-Addl. Senior Civil Judge and MACT, Kalaburagi
[for short, 'the Tribunal'] is allowed in part by the impugned
judgment and award dated 27.11.2021. The Tribunal, by the
impugned judgment and award, has granted compensation
in a sum of Rs.9,41,900/- along with interest at the rate of
6% per annum from the date of petition till realization. The
Tribunal has granted compensation under the following
heads.
Sl.No. Heads Amount
1. Pain & suffering Rs.40,000/-
2. Attendant charges, food and Rs.11,600/-
conveyance charges
3. Loss of future income Rs.79,950/-
4. Medical expenditure Rs.7,59,600/-
5. Loss of income during treatment Rs.30,750/-
6. Loss of amenities and nutrition Rs.20,000/-
food
Total Rs.9,41,900/-
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2. Sri Babu H. Metagudda, the learned counsel for
the appellant, and Sri Sudarshan M., the learned counsel for
the second respondent - the Insurer, submit that there is no
dispute that the appellant has suffered head injuries in a
road accident on 27.10.2017 when he was riding two-wheeler
as a pillion and that he has undergone surgery for head
injury. Sri Babu H. Metagudda submits that the appellant
seeks enhancement of compensation on heads such as, pain
& suffering, loss of amenities, food, attendant and
conveyance charges, loss of future income, loss of income
during treatment period. Sri Sudarshan M. is heard in the
light of this grievance on perusal of records.
3. The Tribunal has opined that it is just and proper
to take the appellant's disability at 13% in the light of the
Disability Certificate [Ex. P11] issued by the concerned
Doctor opining that the appellant has suffered a cumulative
disability of 38% to the whole body. Sri Babu H. Metagudda
emphasizes that this Certificate also affirms that the
appellant, because of the head injury and the surgery
undergone, suffers from impairment of routine physical
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activities and cognitive functions apart from loss of hearing
in the right ear and therefore there must be appropriate
determination of the functional disability.
4. The appellant as of the date of the accident was
more than 66 years, and it is asserted that he was engaged in
agriculture. After the accident he is immediately taken to a
local Hospital before being shifted to M/s Yashodha Hospital,
Hyderabad, Telangana for further treatment. The appellant
has undergone temporoparietal decompressive craniotomy on
13.03.2018 and he is discharged on 15.03.2018 with the
observation that his condition is stable. There is nothing
brought on record to indicate that there is any exaggeration
in the opinion that the appellant has lost hearing capacity in
the right ear because of the injuries suffered in the accident.
This would be crucial and must be considered in determining
the appellant's functional disability rather than taking a
mathematical approach of opining that the functional
disability would be 1/3rd of what is assessed by the doctor as
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permanent disability but the Doctor's opinion must receive
due consideration.
5. On a careful consideration of the appellant's
condition, his age, the injuries suffered, the procedure
undergone, the loss of hearing and the assertion as regards
his vocation [as an agriculturist], this Court is of the
considered view that the permanent functional disability
must be taken at 20% rather than 13%. Further, there must
be change in the compensation under the different heads in
the appellant's particular circumstances. Firstly, there must
be enhancement in compensation towards pain and suffering
because the appellant, apart from undergoing surgery, will
have suffered during the recuperating period. Secondly, the
Tribunal has taken the loss of income during treatment
period for a period of three months but that must be for a
period of six months. Therefore, the reasonable compensation
towards pain & suffering will be in a sum of Rs.70,000/- and
towards loss of income during treatment period will be in a
sum of Rs.61,500/-.
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6. Thirdly, the loss of future income must be
redetermined retaining same parameters viz., '5' as the
multiplier and monthly income of Rs.10,250/- but with the
permanent functional disability being taken at 20%. The loss
of future income with these parameters would be in a sum of
Rs.1,23,000/- and is computed in the following manner:
Notional monthly income Rs.10,250/-
Annual income Rs.1,23,000/-
Total income and multiplier Rs.6,15,000/-
Percentage of disability 20%
Loss of future income because of Rs.1,23,000/-
permanent disability
Lastly, this Court is of the considered view that there must
be enhancement in the compensation awarded towards
food/attendant/conveyance charges and loss of amenities
and nutrition, and as such, it must be in a sum of
Rs.30,000/- and Rs.50,000/- respectively. Thus, the
appellant would be entitled to a total sum of Rs.10,94,100/-
as compensation as against a sum of Rs.9,41,900/- awarded
by the Tribunal. The details of the compensation and the
consequential enhancement will be as follows:
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Description By the By this
Tribunal Court
Pain and suffering Rs.40,000/- Rs.70,000/-
Attendant charges, food Rs.11,600/- Rs.30,000/-
and conveyance charges
Loss of future income Rs.79,950/- Rs.1,23,000/-
Medical expenditure 7,59,600/- Rs.7,59,600/-
Loss of income during Rs.30,750/- Rs.61,500/-
treatment
Loss of amenities and Rs.20,000/- Rs.50,000/-
nutrition food
Total Rs.9,41,900/- Rs.10,94,100/-
Enhancement Rs.1,52,200/-
Hence, the following:
ORDER
(i) The appeal is allowed in part modifying the
Tribunal's judgment and award in MVC
No.623/2018 granting enhanced
compensation in a sum of Rs.1,52,200/-
along with interest at the rate of 6% per
annum.
(ii) The second respondent-Insurer is directing
to pay the aforesaid amount along with
interest within a period of eight [8] weeks
from the date of petition till its realization.
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(iii) The Registry is directed to remit back the trial
Court records to the concerned Court at the
earliest.
Sd/-
JUDGE
Sd/-
JUDGE
SDU
CT: CS
