Karnataka High Court
M S Nagaraju vs M H Chandregowda on 2 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:4658
MFA No. 10544 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 10544 OF 2018 (MV-I)
BETWEEN:
M.S. NAGARAJU
S/O BUYINSIDDEGOWDA @ BUYINSIDDAIAH,
AGED 53 YEARS,
R/A BEHIND KAKA MASIDI,
NALABANDAVADI,
MANDYA CITY - 571 401
...APPELLANT
(BY SRI. MANJUNATH NAYAK FOR
SMT. MAMATA G KULKARNI, ADVOCATE)
AND:
1. M.H. CHANDREGOWDA
Digitally signed by JAI S/O HONNEGOWDA,
JYOTHI J
Location: HIGH COURT
MAJOR,
OF KARNATAKA R/O NO.110,
MALLAGHATTA VILLAGE,
MUDAGANDUR POST,
MANDYA TALUK AND DISTRICT - 571 401.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO LTD.,
M.C.ROAD,
MANDYA -571 401
...RESPONDENTS
(BY SRI. SHASHANK RAO. L FOR
SRI. L. SREEKANTA RAO, ADVOCATE)
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NC: 2024:KHC:4658
MFA No. 10544 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.10.2017 PASSED IN MVC
NO.04.10.2017 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE & JMFC, MANDYA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 04.10.2017
passed in MVC.No.1549/2015 by II Addl. Senior Civil Judge &
JMFC, Mandya, for seeking enhancement of compensation.
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance are not disputed.
3. Heard the arguments from both sides and
perused the records.
4. The Tribunal has awarded compensation under
various heads as follows:
1 Loss of dependency Rs. 5,61,600/-
2 Medical expenses Rs. 69,110/-
NC: 2024:KHC:4658
3 Loss of income during laid Rs. 24,000/-
up period
4 Pain and suffering Rs. 10,000/-
5 Medical attendant Rs. 10,000/-
6 Discomfort, food and Rs. 10,000/-
nourishment
Total Rs. 6,84,710/-
5. From the medical evidence on record, it is proved
that the claimant has suffered fracture of distal 1/3 and
middle 3rd femur right. The claimant was admitted to the
hospital for four times and admittedly, right leg was
amputated. The claimant was working as helper in Mysugar
Company, Mandya, on daily wage basis. The claimant was
aged 50 years as on the date of the accident. The Tribunal
has not adapted the correct parameters while determining
the compensation. Therefore, the claimant is entitled to
compensation of Rs.1,00,000/- under the head injury, pain
and suffering.
NC: 2024:KHC:4658
6. The compensation of Rs.69,110/- awarded by the
Tribunal under the head medical expenses is as per the
actual bills produced. Hence, it is kept in tact.
7. The compensation of Rs.35,000/- is awarded
under the head incidental expenses such as food,
nourishment, attendant charges and conveyance etc.,
8. The accident is caused on 25.08.2015, therefore,
notional income would be taken at Rs.9,000/- per month as
per the Karnataka State Legal Service Authority. Since the
claimant is working as helper in Mysugar Company and now
due to amputation of right leg, the claimant is not able to
work as helper. Therefore, it is amounting to 100% of
functional disability. I place reliance on the judgments of
Hon'ble Supreme Court in the cases of Raj Kumar Vs.
Ajay Kumar and Another 1, Rekha Jain Vs., National
Insurance Co., Ltd., and Others2, Jakir Hussein Vs.
(2011) 1 SCC 343
(2013) 8 SCC 389
NC: 2024:KHC:4658
Sabir and Others3, and Mohan Soni Vs. Ram Avtar
Tomar and Others4. As the claimant was aged 50 years as
on the date of the accident, the appropriate multiplier
applicable is 13. Since the functional disability is taken at
100% and it covers loss of future prospects in life. Therefore,
there is no separate addition of income towards loss of future
prospects in life. Hence, income is not added. Therefore,
compensation under the head loss of future income due to
disability is hereby re-assessed and quantified as follows:
Rs.9,000/- x 13 x 12=Rs.14,04,000/-
Accordingly, compensation of Rs.14,04,000/- is
awarded under the head loss of future income due to
disability.
9. Further compensation of Rs.72,000/-
(Rs.9,000/- pm., x 8 months) is awarded under the head
loss of income during laid up period.
(2015) 7 SCC 252
(2012) 2 SCC 267
NC: 2024:KHC:4658
10. The compensation of Rs.50,000/- is awarded
under the head loss of amenities in life.
11. The compensation of Rs.50,000/- is awarded
under the head fixing of artificial limb to the right leg.
12. Thus, in all, the appellant/claimant is entitled to
compensation under various heads as follows:
1 Pain and suffering Rs. 1,00,000/-
2 Medical expenses Rs. 69,110/- Kept in tact
3 Loss of future income Rs. 14,04,000/-
due to disability
4 Incidental expenses Rs.
such as food,
35,000/-
nourishment, attendant
charges and
conveyance etc.,
5 Loss of income during Rs. 72,000/-
laid up period
6 Loss of amenities in life Rs. 50,000/-
7 Fixing of artificial limb Rs. 50,000/-
to the right leg
Total Rs. 17,80,110/-
NC: 2024:KHC:4658
13. The Tribunal has awarded compensation of
Rs.6,84,710/-, but the appellant/claimant is entitled to total
compensation of Rs.17,80,110/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.10,95,400/- (Rs.17,80,110/- - Rs.6,84,710/-).
Therefore, the appellant/claimant is entitled to enhanced
compensation of Rs.10,95,400/- along with interest at the
rate of 6% per annum from the date of petition till the date
of realization, in addition to what has been awarded by the
Tribunal.
14. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The impugned judgment and award dated
04.10.2017 passed in MVC.No.1549/2015 by II
Addl. Senior Civil Judge & JMFC, Mandya, is
hereby modified to the extent that the
appellant/claimant is entitled to enhanced
compensation of Rs.10,95,400/- along with
NC: 2024:KHC:4658
interest at the rate of 6% per annum from the
date of petition till the date of realization, in
addition to what has been awarded by the
Tribunal.
iii. No order as to costs.
iv. The appellant/claimant is not entitled for interest
for the delay period of 283 days in filing the
appeal.
v. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
vi. Draw award accordingly.
Sd/-
JUDGE
PB
