Karnataka High Court
Sri Krishnegowda vs Manjegowda on 5 February, 2024
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NC: 2024:KHC:4937
MFA No. 8597 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 8597 OF 2015 (MV-I)
BETWEEN:
SRI KRISHNEGOWDA
S/O DYAVEGOWDA
AGED ABOUT 47 YEARS
R/O YALIYUR VILLAGE
DANDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT-573116
...APPELLANT
(BY SRI. D T NANJESH GOWDA., ADVOCATE)
AND:
1. MANJEGOWDA
S/O MANJEGOWDA
AGED ABOUT 42 YEARS
R/O KUNDUR VILLAGE
DANDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
Digitally HASSAN DISTRICT-573116
signed by
BHARATHI S
Location: 2. KALANDAR
HIGH COURT S/O IBRAHIM
OF
KARNATAKA SARVODAYA NAGAR HAND POST
MUDIGERE
CHIKMAGALUR DISTRICT-577101
3. THE NEW INDIA ASS.CO. LTD
P B NO.96
HARSHA MAHAL ROAD
CHANDAN COMPLEX
HASSAN-573201
...RESPONDENTS
(BY SRI. HALESHA R G., ADVOCATE FOR R1;
SRI. CHIDAMBARA, ADVOCATE FOR R2;
SRI. R JAI PRAKASH, ADVOCATE FOR R3)
-2-
NC: 2024:KHC:4937
MFA No. 8597 of 2015
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.08.2014 PASSED IN MVC
NO.121/2013 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT, AND ADDITIONAL MACT, AT CHANNARAYAPATNA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 13.8.2014 passed in MVC
No.121/2013 by the Presiding Officer, Fast Track Court and
Additional MACt, Channarayapatna1, seeking for
enhancement of the compensation awarded.
2. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
3. The Tribunal by its judgment and award dated
13.8.2014 has awarded a total compensation of `58,000/-
together with interest at 6% pa. The judgment of the Tribunal
on negligence and liability are not under challenge. Hence, the
only question that is required to be considered is regarding
enhancement of compensation.
Hereinafter referred to as the 'Tribunal'
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4. The age of the claimant is 45 years as on the date
of the accident. Hence, the appropriate multiplier to be
applied is 14.
5. The claimant is stated to be carrying on
agricultural activities. However, no documents have been
produced to prove the income. Hence, the income is
required to be assessed 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 accident i.e., 4.3.2012 the income is
reassessed as `7,000/- pm.
6. The wound certificate (Ex.P6) and the discharge
summary (Ex.P57) discloses that the claimant has sustained
dislocation of the clavicle of the right shoulder. He was
treated as inpatient till 8.3.2012 i.e., for a period of 4 days.
The doctor has been examined as PW.2 who has deposed
that the claimant has sustained disability of 29% to the right
upper arm. Having regard to the avocation of the claimant
the said functional disability is reassessed as 8% to the
whole body.
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7. In view of the aforementioned, the compensation
is reassessed as follows:
7.1 The Tribunal has awarded a sum of `30,000/-
towards pain and suffering, which is just and proper.
7.2 The Tribunal has awarded a sum of `25,000/-
towards medical expenses. However, it is noticed that the
actual bills produced are for a total sum of `60,000/-.
Hence, the medical expenses is reassessed by awarding a
sum of `60,000/-.
7.3 The Tribunal has awarded a sum of `1,000/-
towards attendant charges and `2,000/- towards
conveyance. Having regard to the nature of injuries
sustained and the period of treatment, the compensation
awarded towards food and nutrition, conveyance and
attendant charges is reassessed as `15,000/-.
7.4 The Tribunal has not awarded any amount
towards loss of amenities. Having regard to the nature of
injuries sustained and the resultant disability, the same is
assessed as `15,000/-.
NC: 2024:KHC:4937
7.5 The Tribunal has not awarded any amount
towards loss of income during laid up period. Having regard
to the nature of injuries, the period of treatment is taken as
two months and compensation towards the same is assessed
as (`7000/-x2) `14,000/-.
7.6 The Tribunal has also not awarded any
compensation towards loss of future earning. Hence, the
same is assessed as (`7000/-x12x14x8%) `94,080/- as
against.
8. In view of the same, the compensation is re-
assessed as follows:
Sl.No Compensation Head Amount Awarded Amount awarded
by the Tribunal (`) by this Court (`)
1 Pain and suffering 30000.00 30000.00
2 Medical expenses 25000.00 60000.00
3 Food and nutrition, 3000.00 15000.00
conveyance and attendant
charges
5 Loss of amenities 0.00 15000.00
6 Loss of income during laid 0.00 14000.00
up period
7 Loss of earning capacity 0.00 94080.00
Total 58000.00 228080.00
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9. Accordingly, the Claimant is entitled to
enhanced compensation of (`228080 - `58000) ` 170080/-
which is rounded off to `1,70,000/- together with interest
at 6% pa.
9. In view of the aforementioned, the following
order is passed:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 13.8.2014 passed
in MVC No.121/2013 on the file of the Presiding
Officer, Fast Track Court and Additional MACt,
Channarayapatna is hereby 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 in a sum of `1,70,000/- together
with interest at 6% pa., from the date of
petition till its realization in addition to the
compensation awarded by the Tribunal;
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iv) The enhanced compensation together with
accrued interest is liable to be deposited by the
Respondent - insurer within eight weeks from
the date of receipt of a copy of the judgment;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon shall be disbursed to the claimant.
vi) The Registry to draw the modified award
accordingly.
vii) No costs.
Sd/-
JUDGE
ND
