Karnataka High Court
Lokesh W/O Peeraji Wanti vs District Health And Family Welfare ... on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2527
MFA No. 102549 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102549 OF 2014 (MV-I)
BETWEEN:
LOKESH W/O. PEERAJI WANTI,
AGE: 33 YEARS, OCC:SERVICE,
R/O. CCB QUARTERS NO.13,
AZAM NAGAR, BELAGAVI.
...APPELLANT
(BY SMT. SHRUTI A. NEELOPANT, ADVOCATE)
AND:
1. DISTRICT HEALTH AND FAMILY WELFARE OFFICER,
R/O. BELAGAVI.
2. THE DIRECTOR,
KARNATAKA GOVERNMENT
Digitally
signed by
SAMREEN INSURANCE DEPARTMENT (KGID),
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.15
SADASHIV NAGAR, BELAGAVI.
13:29:57
+0530 ...RESPONDENTS
(BY SRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV
ACT, AGAINST JUDGMENT AND AWARD DATED 11.12.2013,
PASSED IN MVC NO.2319/2011 ON THE FILE OF THE IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2527
MFA No. 102549 of 2014
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Miss. Shruti A. Neelopant, learned counsel for
the appellant and Shri. Praveen Y. Devareddiyavar, learned
High Court Government Pleader.
3. Claimant is in appeal on the ground of inadequacy
of the compensation awarded in MVC No.2319/2011 dated
11.12.2013 on the file of VI Additional District and Sessions
Judge, Belagavi.
4. Facts which are not in dispute are as under:
4.1. Claimant being injured in a road traffic accident
involving government vehicle bearing registration No.KA-22/G-
390, laid a claim before the Tribunal for awarding suitable
compensation.
5. Claim petition on contest came to be allowed in a
sum of Rs.75,000/- with interest at the rate of 7% per annum
from the date of petition till realization.
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6. Being not satisfied with the award of compensation,
the claimant is in appeal.
7. Miss. Shruti A. Neelopant, learned counsel for the
appellant reiterating the grounds urged in the appeal
memorandum sought for suitable enhancement by contending
that no amount is awarded on the head of loss of future income
on account of disability.
8. Per contra, learned High Court Government Pleader,
supports the impugned judgment.
9. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
10. Admittedly, the disability sustained by the claimant
is assessed by the doctor vide Ex.P.7 is 20%.
11. Admittedly, P.W.-2 is not a treated doctor.
12. Under such circumstances, it is regular practice of
the Court that 1/3rd of the disability factor shown in the
disability certificate is to be assessed by the Court while
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computing the compensation on the head of loss of future
income on account of disability.
13. In the case on hand, no amount is awarded on the
head of loss of future income on account of disability. If the
monthly income is taken at Rs.5,500/- in the absence of proper
proof of income of the claimant, the disability factor would be
7% and proper multiplier would be 16.
14. Therefore, on the said head itself, the claimant is
entitled to compensation in a sum of Rs.73,920/-.
15. Taking into note that the award of compensation on
the other heads is on the lower side, this court is of the
considered opinion that if a sum of Rs.75,000/- is enhanced
globally, ends of justice would be met.
16. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against a sum of Rs.75,000/-
awarded by the Tribunal, the claimant would
be entitled to a sum of Rs.1,50,000/- as
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global compensation with interest at the rate
of 7% per annum from the date of petition till
its realization.
(iii) Respondent is granted four weeks
time to deposit the quantum of
compensation.
Sd/-
JUDGE
SMM
