Karnataka High Court
Ningarajamma vs Sujatha S on 13 February, 2024
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MFA No. 6744 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6744 OF 2015 (MV-I)
BETWEEN:
1. NINGARAJAMMA,
W/O NINGARAJU,
AGED 42 YEARS,
R/O CHIKKABAGILU VILLAGE,
MALAVALLI TALUK,
MANDYA DISTRICT 571436.
...APPELLANT
(BY SRI. R PRAMOD.,ADVOCATE)
AND:
1. SUJATHA S,
W/O SHIVALINGU K,
MAJOR,
R/O NO.36, GIRIDARSHINI LAY-OUT,
SIDDARTHANAGARA,
MYSORE 571408.
2. THE DIVISIONAL MANAGER,
Digitally signed NEW INDIA ASSURANCE CO.LTD,
by BHARATHI DIVISIONAL OFFICE JLB ROAD,
S
Location: HIGH MANDYA 571436.
COURT OF
KARNATAKA 3. RAJUKARTH IYEYAN R.D,
S/O RAJU,
MAJOR,
R/O NO 7/11,
MAHADESHWARA COLLEGE ROAD,
INDUSTRIAL AREA, KOLLEGALA TOWN,
CHAMARAJANAGARA DISTRICT 571428.
4. THE BRANCH MANAGER,
CHOLAMANDALAM MS
GENERAL INSURANCE CO LIMITED,
-2-
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MFA No. 6744 of 2015
UNIT NO.4, 9TH FLOOR, LEVEL 6,
GOLDEN HEIGHTS COMPLEX,
59TH CROSS, RAJAJINAGARA,
7TH BLOCK,
BANGALORE 9.
...RESPONDENTS
(BY SRI. R JAI PRAKASH., ADVOCATE FOR R2;
SRI. H.S LINGARAJU., ADVOCATE FOR R4;
VIDE DATED 23.10.2018 NOTICE TO R1 TO R3 ARE DISPENCED
WITH.)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED 21.11.2014 PASSED IN MVC NO.1306/2013 ON
THE FILE OF THE SENIOR CIVIL JUDGE & MACT, MALAVALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC,.
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 21.11.2014 passed in
MVC.No.1306/2013 on the file of Senior Civil Judge and MACT,
Malavalli1, seeking for enhancement of the compensation
awarded.
2. For the sake of convenience, the parties herein are
referred as per their ranking before the Tribunal.
3. The Tribunal by its judgment and award dated
21.11.2014 has awarded a compensation of `1,78,600/-
together with interest at the rate of 6% per annum. The
Hereinafter referred to as the 'Tribunal'
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judgment of the Tribunal on negligence and the liability is not
under challenge. Hence, the question that is required to be
considered in the preset appeal is, 'Whether the compensation
awarded is required to be enhanced?'
4. It is forthcoming that the claimant was aged 45
years as on the date of accident i.e., on 26.06.2013. Hence,
the multiplier is 14 as has been assessed by the Tribunal.
5. The claimant has stated that she is a milk vendor.
However, no documents have been produced to prove her
income. Hence, the income is required to be re-assessed as
notional income as per the chart being followed for settlement
of claims by the Lok-Adalath conducted by the Legal Service
Authority. Having regard to the date of accident the income is
re-assessed at `8,000/-.
6. The wound certificate (Ex.P.15) and the other
medical records discloses that the claimant has sustained
fracture of the right femur and trochanteric fracture with sub-
trochanteric. That said fractures were surgically treated. The
claimant was treated as an inpatient from 03.07.2013 to
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15.07.2013 i.e., period of thirteen days and as also taken
treatment as an out patient for twelve to thirteen times.
7. The doctor has been examined as PW.6 and he has
stated that the claimant has 60% disability of the right leg. The
Tribunal has reassessed the functional disability to the whole
body at 15% which is just and proper.
8. In view of the aforementioned, the compensation is
re-assessed as follows:
8.1. The Tribunal has awarded a sum of `25,000/-
towards pain and suffering. Having regard to the nature of
injuries sustained the same is reassessed at `30,000/-.
8.2. The Tribunal has awarded a sum of `58,000/-
towards medical expenses and `10,000/- towards further
medial expenses which is just and proper.
8.3. The Tribunal has awarded a sum of `10,000/-
towards attendant, food and nourishment. Having regard to the
period of treatment it is just and proper that the same be
reassessed at `20,000/-.
8.4. The Tribunal has not awarded any amount towards
loss of amenities. Hence, it is just and proper that a
compensation of `20,000/- be awarded for the same.
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8.5. The Tribunal has not awarded any compensation
towards loss of income during period of treatment. The period
of treatment is taken as 3 months. Hence, the compensation is
assessed at (8000 X 3) = `24,000/-.
8.6. Loss of future earning capacity is re-assessed as
(8000 X 12 X 14 X 15/%) = `2,01,600/-.
9. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl.No. Heads Amount awarded Amount
by the Tribunal awarded by this
(`) Court (`)
1. Pain and suffering 25000.00 30000.00
injures
2. Medical expenses 58000.00 58000.00
3. Attendant charges, 10000.00 20000.00
food and
nourishment
charges
4. Future medical 10000.00 10000.00
expenses
5. Permanent disability 75600.00 201600.00
6. Loss of income 00.00 24000.00
during period of
treatment
7. Loss of amenities 00.00 20000.00
Total 178600.00 363600.00
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10. Hence, the appellant/claimant is entitled for
enhanced compensation of `1,85,000/- (`3,63,600 - `1,78,600)
together with interest at 6% p.a.
11. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 21.11.2014
passed in MVC.No.1306/2013 on the file of
Senior Civil Judge and MACT, Malavalli, is
modified to the extent stated herein. In all
other respects, the judgment and award of
the Tribunal remain unaltered;
iii) The claimant is entitled to enhanced
compensation of `1,85,000/- 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 - insurer shall deposit the
enhanced compensation together with
accrued interest within six weeks form the
date of receipt of a copy of this order;
v) After deposit, the entire enhanced
compensation with accrued interest shall be
disbursed to the appellant/claimant;
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vi) The Registry to draw the modified award
accordingly;
vii) No costs.
Sd/-
JUDGE
PNV
