Karnataka High Court
Sri.Hariba vs Sri.Shivaputra And Anr on 7 February, 2024
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NC: 2024:KHC-K:1372
MFA No. 201326 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.201326 OF 2017 (MV-I)
BETWEEN:
SRI.HARIBA S/O BABU JAMIR @ JAVIR,
AGE: 29 YEARS, OCC: COOLIE,
R/O. DOMANAL, TQ: & DIST: VIJAYPUR.
...APPELLANT
(BY SRI. S. S. MAMADAPUR, ADVOCATE)
AND:
1. SRI. SHIVAPUTRA S/O LAXMAN PUTHANI,
AGED ABOUT 40 YEARS, OCC: BUSINESS,
R/O. A/POST NIMBAL (KD), TQ: INDI,
DIST: VIJAYPUR-586101.
Digitally signed 2. THE DIVISIONAL MANAGER,
by KHAJAAMEEN UNITED INDIA INSURANCE CO. LTD,
L MALAGHAN
S.S. FRONT ROAD, VIJAYPUR-586101.
Location: High
Court of ...RESPONDENTS
Karnataka
(BY SMT. ANURADHA DESAI, ADV. FOR R2; NOTICE TO R1
DISPENSED WITH V/O DATED 01.02.2018)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ENHANCE THE COMPENSATION AMOUNT BY
SUITABLY MODIFYING THE JUDGMENT DATED-18.04.2017
PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE
AND MEMBER MACT-V, VIJAYAPUR IN MVC NO.2027/2013.
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MFA No. 201326 of 2017
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award dated 18.04.2017, passed in
MVC No.2027/2013, by the Principal Senior Civil Judge
And MACT-V, Vijayapura, the claimant is before this court
seeking enhancement of the compensation.
2. The claim petition is filed seeking compensation
of an amount of Rs.18,85,000/- for the injuries sustained
by the claimant. According to the Doctor there is
shortening of left lower limb of the claimant by 1½ inch
and the claimant had sustained 36% disability to the limb
and the court below had considered 12% as the disability.
It is the case of the claimant that he was earning an
amount of Rs.10,000/- p.m., working as Agriculture coolie
and the court below had taken an amount of Rs.6,000/-
and granted compensation as per the table given below:
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Heads Compensation
Awarded
1. Injury, Pain and Sufferings : Rs. 30,000/-
2. Attendant Charges : Rs. 7,000/-
3. Conveyance charges : Rs. 7,000/-
4. Food and Nourishment : Rs. 7,000/-
5. Medical Expenses : Rs. 70,038/-
6. Loss Of Future Income : Rs. 1,46,880/-
7. Loss of future amenities & : Rs. 32,082/-
agony
TOTAL : Rs. 3,00,000/-
3. Learned counsel appearing for the claimant
submits that the compensation amount awarded by the
court below is on the lower side. He submitted that this is
an accident of the year 2013, the court below had taken
the income at Rs.6,000/- p.m., which is on lower side. He
submits that as there is shortening of leg it would have an
impact on his future life and hence considering the
disability at 1/3rd was not appropriate. It is further
submitted that no amounts were granted towards loss of
income during laid up and the amounts that was granted
towards Loss Of Amenities was on lower side. He further
submits that the amounts that were granted by the court
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below on other heads was also not just and reasonable
compensation.
4. Learned counsel appearing for the insurance
company submits that when the doctor has given evidence
that the disability itself is 36% to the particular limb the
court below had rightly taken the disability at 12%. No
grounds are made out for enhancement of the
compensation and the court below had reasonably granted
the compensation.
5. Having heard the learned counsel on either side
perused the material on record. In this case, the claimant
had sustained one grievous injury. The court below under
the head of pain and suffering granted an amount of
Rs.30,000/-. Considering that the claimant had sustained
one fracture injury which is a grievous injury this Court is
granting an amount of Rs.40,000/-. Then coming to the
income though it is stated that the claimant was earning
Rs.10,000/- p.m., there is no evidence in this regard. As
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this is an accident of 2013 as per the chart prepared by
the Karnataka State Legal Services Authority, this Court is
taking the notional income at of Rs.7,000/- p.m., and
taking the laid up period as three months, the claimant is
entitled for an amount of Rs.21,000/- (Rs.7,000 x 3)
towards loss of income during laid up period. Coming
to the loss of future income the doctor had deposed that
the claimant had suffered 36% disability to the particular
limb and court below had taken the disability of 12%, this
court is not able to appreciate the contention of the
learned counsel for the claimant that it should have been
more than that. The court below had rightly taken the
disability at 12%. However, as the income is taken at
Rs.7,000/- p.m., hence the claimant is entitled for an
amount of Rs.1,71,360/- (Rs.7,000 x 12 x 17x 12/100)
under the head of loss of future income. The
compensation awarded by the court below under the head
of Medical Expenses is Rs.70,038/- which is as per the
evidence on record and the same do not require any
interference. Considering the shortening of the limb by 1½
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inch and the impact that would have on future life under
head of loss of amenities this Court is granting an
amount of Rs.45,000/-. Towards transport, attendant
and nourishment the court below had granted an
amount of Rs.7,000/- each i.e., Rs.21,000/- which is
reasonable and no grounds are made out for enhancement
of the same.
6. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Injury, Pain and Sufferings : Rs. 40,000/-
2. Attendant, Conveyance, Food : Rs. 21,000/-
and Nourishment
3. Medical Expenses : Rs. 70,038/-
4. Loss Of Future Income : Rs. 1,71,360/-
(2014) 11 SCC 178
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5. Loss of future amenities & : Rs. 45,000/-
agony
6. Loss of Income during laid up : Rs. 21,000/-
period
7. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 3,78,398/-
8. Accordingly, the Appeal is Partly Allowed,
enhancing the compensation amount from an amount of
Rs.3,00,000/- to an amount of Rs.3,78,398/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
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copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
JUDGE
JJ
