Karnataka High Court
Smt Chennamma vs Dayananda Alva on 12 February, 2024
-1-
NC: 2024:KHC:5896
MFA No. 2545 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 2545 OF 2013 (MV)
BETWEEN:
1. SMT CHENNAMMA
W/O SHESHAPPA
NOW AGED ABOUT 43 YEARS
MODHALTHIYAR HOUSE: PARPUNJA POST
KANIYUR VILLAGE: BELTHANGADY TALUK D.K.
NOW R/AT PALLADA KODI HOUSE:
BAJATHOOR VILAGE:
PUTTUR TALUK:
DAKSHINA KANNADA DISTRICT PIN - 574201
...APPELLANT
(BY SRI. VISHWANATHA POOJARY K., ADVOCATE)
AND:
1. DAYANANDA ALVA
S/O S. KOTIANNA ALVA
Digitally signed NOW AGED ABOUT 60 YEARS
by BHARATHI R/O NO.606, E-BLOCK, 5TH FLOOR
S
RAHEJA PAR APTS: MAGADI ROAD
Location: HIGH
COURT OF BANGALORE PIN - 560079
KARNATAKA
2. THE MANAGER
UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD
KVD TOWERS NO.7/3, 11 FLOOR
ABOVE BARCLAYS FINANCE: OPP: 100 FEET ROAD
OLD MADRASS ROAD
INDIRA NAGARA
BANGALORE PIN 560003
...RESPONDENTS
(BY SRI. S.V. HEGDE., ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH V/O DTD 13.11.2018)
-2-
NC: 2024:KHC:5896
MFA No. 2545 of 2013
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.12.2012 PASSED IN MVC
NO.1665/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, MACT, PUTTUR, D.K, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging the
judgment and award dated 21.12.2012 passed in MVC
No.1665/2011 by the Principal Senior Civil Judge, MACT,
Puttur, D.K1, 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
21.12.2012 has awarded a sum of `1,61,400/-. The award of
the Tribunal on negligence and liability are not under challenge.
Hence, the only question that is required to considered in the
present appeal is with regard to the quantum of compensation.
4. The accident occurred on 27.8.2008 and the
claimant was aged 42 years. She is stated to be a coolie.
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:5896
Hence, the Tribunal has assessed the income of the claimant at
`100/- per day. Having regard to the fact that no documents
have been produced by the claimant to prove her income, the
income of the claimant is required to be assessed as notional
income as per the chart followed for settlement of claims in Lok
Adalath conducted by the Legal Services Authority and having
regard to the date of accident the income, is re-assessed as
`4,500/- pm.
5. The claimant has suffered fracture of upper 1/3rd of
the left humorous and fracture of the shaft of both bones of the
left leg. The claimant has taken treatment as an inpatient for a
period of 13 days. The doctor has been examined as PW.2 who
has stated the disability as 18%. The Tribunal has assessed
the functional disability at 9% which is just and proper.
6. In view of the aforementioned, the compensation is
re-assessed as follows:
6.1 The Tribunal has awarded a sum of `30,000/-
towards pain and suffering and `60,100/- towards medical
expenses, which are just and proper.
NC: 2024:KHC:5896
6.2 The Tribunal has taken the laid up period as 3
months. Hence, the compensation towards the loss of income
during laid up period is re-assessed as (`4,500/-x3) `13,500/-
as against `9,000/- awarded by the Tribunal.
6.3 The Tribunal has awarded a sum of `2,500/-
towards food, nutrition and diet, `1,200/- towards attendant
charges and `5,000/- towards conveyance and miscellaneous
expenses. On all the said heads, it is just and proper that the
compensation be re-assessed as `15,000/- having regard to the
nature of injuries and the period of treatment.
6.4 The Tribunal has awarded a sum of `5,000/-
towards loss of amenities. Having regard to the nature of
injuries and the resultant disability, the same is re-assessed as
`15,000/-.
6.5 The loss of future income is re-assessed as
(`4,500/-x12x14x9) `68,040/- as against `48,600/- awarded
by the Tribunal.
7. Accordingly, the total compensation under various
heads is re-assessed as follows:
NC: 2024:KHC:5896
Sl.No. Heads Amount awarded Amount
by the Tribunal awarded by this
(`) Court (`)
1. Pain and suffering 30000.00 30000.00
2. Medical expenses 60100.00 60100.00
3 Loss of income 9000.00 13500.00
during laid up
period
4 Food & nutrition- 8700.00 15000.00
2500/-
Attendant charges
- 1200/-
Conveyance
charges - 5000/-
5 Loss of amenities 5000.00 15000.00
6 Loss of future 48600.00 68040.00
income
Total 161400.00 201640.00
8. Hence, the claimant is entitled for an enhancement
of (`201640 - `161400) = `40,240/-, which is rounded off to
`41,000/- together with interest at 6% p.a.
9. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 21.12.2012 passed
in MVC No.1665/2011 by the Principal Senior Civil
Judge, MACT, Puttur, D.K, is modified to the extent
NC: 2024:KHC:5896
stated herein. In all other respects, the judgment
and award of the Tribunal remains unaltered;
iii) The claimant is entitled for an enhancement of
`41,000 /- with interest at 6% per annum from the
date of petition till its realization in addition to the
compensation awarded by the Tribunal;
iv) Respondent No.2 - Insurance Company is directed
to deposit the said compensation together with
accrued interest within a period of eight weeks from
the date of receipt of a copy of this judgment;
v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
claimant;
vi) The Registry to draw the modified award
accordingly.
No costs.
SD/-
JUDGE
ND
