Karnataka High Court
Kempanna @ Kempaiah vs Teekya Naik @ T K Naik on 9 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:5866
MFA No. 942 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.942 OF 2019 (MV-I)
BETWEEN:
KEMPANNA
@ KEMPAIAH,
S/O SEEBI RANGAIAH,
AGED ABOUT 66 YEARS,
R/AT KAREKALHATTI VILLAGE,
(SRINIVASANAGARA), SIRA TOWN - 572 137
...APPELLANT
(BY SRI. SHANTHARAJ K, ADVOCATE)
AND:
1. TEEKYA NAIK @ T K NAIK,
S/O PEERYA NAIK,
AGED ABOUT 36 YEARS,
R/AT BOVI COLONY,
SIRA TOWN - 572 137
2. THE UNITED INDIA INSURANCE CO LTD.,
BY ITS MANAGER
Digitally signed by JAI 1ST FLOOR, RAJA COMPLEX,
JYOTHI J
Location: HIGH COURT DR. AMBEDKAR ROAD,
OF KARNATAKA
SIRA TOWN - 572 137.
...RESPONDENTS
(BY SRI. K.N. SRINIVASA ADVOCATE FOR R2;
R1- NOTICE D/W V/O DATED 21.02.2019)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.11.2017 PASSED IN MVC
NO.499/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C. ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
-2-
NC: 2024:KHC:5866
MFA No. 942 of 2019
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the claimant seeking
enhancement of compensation against award passed by
the Senior Civil Judge and Addl. MACT, Sira, by judgment
and award dated 17.11.2017 in MVC No.499/2016.
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused
the materials on record.
4. The Tribunal has awarded compensation under
various heads as follows:
Sl. Amount in
Particulars
No. Rs.
1 Loss of future income 1,12,500/-
2 Pain and sufferings 50,000/-
3 Loss of income during treatment 21,500/-
4 Medical, conveyance, nutrition
and attendant charges 40,000/-
5 Loss of future happiness and
amenities 20,000/-
Total 2,44,000/-
NC: 2024:KHC:5866
5. From the medical records on record it is proved
that the claimant has suffered following injuries:
(i) Fracture of neck of the right femur
(ii) Right distal 3rd radial fracture
6. Considering the nature of injuries sustained,
compensation of Rs.70,000/- is awarded under the head
injuries, pain and sufferings as against Rs.50,000/-
awarded by the Tribunal.
7. Since the claimant has incurred medical
expenses of Rs.37,230/-, same is awarded towards
medical expenses accordingly.
8. Since the claimant was inpatient for 37 days,
compensation of Rs.35,000/- is awarded under the head
'incidental charges'.
9. The Tribunal has awarded compensation of
Rs.20,000/- towards 'loss of amenities', which is on lesser
NC: 2024:KHC:5866
side. Hence, compensation of Rs.40,000/- is awarded
under the head 'loss of amenities'.
10. The accident is caused in the year 2014 and the
claimant was working as coolie. Thus, notional income of
Rs.8,500/- per month is considered for the accidents of
the year 2014. The doctor has stated that the claimant
has suffered 50% disability towards right lower limb and
40% to upper limb and 25% disability to whole body. The
Tribunal is correct in holding 25% as functional disability,
where the functional disability is significant one and the
claimant is collie by profession certainly it affect his future
prospects in life. Since the claimant was 63 years old at
the time of accident, the appropriate multiplier applicable
is '7'. Therefore, 'loss of earning capacity due to disability'
is reassessed and quantified as under:
Rs.8,500/- x 25% x 7 x 12 = Rs.1,78,500/-
11. Further, compensation of Rs.51,000/-
(Rs.8,500/- x 6 months) is awarded under the head 'loss
of income during laid up period'.
NC: 2024:KHC:5866
12. Thus, in all, claimant is entitled to
compensation as under:
Awarded
Sl. Awarded
Particulars by this
No. by Tribunal
Court
1 Loss of future income 1,12,500/- 1,78,500/-
2 Pain and sufferings 50,000/- 70,000/-
3 Loss of income during
treatment 21,500/- 51,000/-
4 Medical expenses 37,230/- 37,230/-
5 Conveyance, nutrition and
attendant charges 2,770/- 35,000/-
5 Loss of future happiness
and amenities 20,000/- 40,000/-
Total 2,44,000/- 4,11,730/-
13. The Tribunal has awarded compensation of
Rs.2,44,000/-, but the appellant/claimant is entitled to
total compensation of Rs.4,11,730/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,67,730/- (Rs.4,11,730/- - Rs.2,44,000/-). Therefore,
the appellant/claimant is entitled to enhanced
compensation of Rs.1,67,730/- 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.
NC: 2024:KHC:5866
14. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award
dated 17.11.2017 passed by the Senior
Civil Judge and Addl. MACT, Sira, in MVC
No.499/2016, is modified to the extent
that the appellant/claimant is entitled to
enhanced compensation of
Rs.1,67,730/- 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.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR
along with copy of this order to the
Tribunal forthwith.
v. Draw award accordingly.
Sd/-
JUDGE
DR
