Karnataka High Court
Ramesha Nagappanaik vs Suresh Suvarna on 15 February, 2024
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NC: 2024:KHC:6544
MFA No. 8278 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.8278 OF 2012(MV-I)
BETWEEN:
RAMESHA NAGAPPA NAIK,
S/O NAGAPPA NAIK,
AGED ABOUT 41 YEARS,
R/O MANKI, HONNAVARA TALUK,
U.K. DISTRICT.
...APPELLANT
(BY MS. SWATI G HEGDE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
1. SURESH SUVARNA,
Digitally S/O MUTTA SUVARNA,
signed by AGED ABOUT 31 YEARS,
BHARATHI S
Location: R/O SHRI RAM NILAYA,
HIGH COURT ULLOOR-II POST,
OF MUDUMATT,
KARNATAKA
KUNDAPURA TALUK.
2. UNIVERSAL SAMPO GENERAL INSURANCE CO.LTD.,
REGD. OFFICE: 201-208,
CRYSTAL PLAZA,
OPP: INFINITY MALL, LINK ROAD
ANDHERI WEST, MUMBAI - 400 058,
REP. BY ITS AUTHORISED OFFICER
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NC: 2024:KHC:6544
MFA No. 8278 of 2012
...RESPONDENTS
(BY SRI. ASHOKA H., ADVOCATE FOR
SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED:16.01.2024, NOTICE TO
R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:06.07.2012 PASSED IN MVC
NO.723/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT, MACT, KUNDAPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging the
judgment and award dated 06.07.2012 passed in
MVC.No.723/2011 on the file of the Fast Track and Motor
Vehicle Accidents Claims Tribunal, Kundapura1, 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 its judgment and award dated
06.07.2012 has awarded the compensation of `1,90,000/-
Hereinafter referred to as the 'Tribunal'
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together with interest at the rate of 6% per annum. The finding
of the Tribunal regarding negligence and the liability is not
under challenge. Hence, the only question that is required to
be considered is, 'Whether the compensation awarded by the
Tribunal is required to be enhanced?'
4. It is forthcoming that the claimant was aged 40
years as on the date of accident i.e., 17.05.2011. Hence, the
appropriate multiplier is 15 has as been assessed by the
Tribunal.
5. The claimant stated that he is working as a mason.
However, no documents were produced to prove his income.
The Tribunal has assessed the income of the claimant at
`4,000/- per month. Having regard to the fact that no
documents have been produced to prove the income, the
income of the claimant is required to be 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 reassessed
at `6,500/- per month.
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6. It is forthcoming from the medical legal certificate
(Ex.P.4), the discharge bill (Ex.P.7), disability certificates
(Ex.P.13 and Ex.P.18) and the photographs of the petitioner
(Ex.P.12) that the claimant has sustained fracture of nasal
bone, fracture of left radius, fracture of zygomatic bone (left),
fracture of left maxillary bone injury to the left wrist, loss of
four upper teeth and other injuries. The claimant has taken
treatment as an inpatient for eleven days and the fractures
were surgically treated. The two doctors have been examined
as PW.2 and PW.3 and they have issued disability certificates.
The doctor PW.2 has deposed that the claimant has disability of
8% to the whole body. PW.3 has deposed that the claimant has
got deformity and weakness of the left hand. The Tribunal has
not assessed the disability. However, upon re-appreciation of
the oral and documentary evidence on record and having
regard to the fact that the claimant is a mason, the functional
disability is assessed as 8% to the whole body.
7. In view of the aforementioned, the compensation is
reassessed as follows:
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7.1. The Tribunal has awarded a compensation towards
pain and agony in a sum of `55,000/- and a sum of `10,000/-
towards future medical expenses which is just and proper.
7.2. The Tribunal has awarded a sum of `55,000/-
towards medical expenses, conveyance, special diet,
nourishment and attendant charges. In view of the fact that the
claimant has produced medical bills in a sum of `42,400/-, it is
just and proper to award medical expenses in a sum of
`43,000/-.
7.3. With regard to the nourishment, attendant charges,
conveyance, having regard to the period of treatment, it is just
and proper to award a sum of `15,000/ towards the same.
7.4. The Tribunal has assessed the laid up period as
three months. Hence, the compensation towards same as re-
assessed (6500 X 3) = `19,500/- as against `10,000/- awarded
by the Tribunal.
7.5. Loss of future earning capacity is reassessed as
(6500 X 12 X 15 X 8%) = 93,600/-.
7.6. The Tribunal has not awarded any amount towards
loss of amenities. Having regard to the nature of injuries
sustained and the resultant disability as also fact that the
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claimant has sustained injuries to the face and loss of four
teeth, it is just and proper that compensation of `40,000/- is
awarded towards loss of amenities.
8. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl.No. Heads Amount Amount
awarded by awarded by
the Tribunal this Court (`)
(`)
1. Pain and suffering 55000.00 55000.00
injures
2. Medical expenses, 55000.00 58000.00
conveyance, special
diet, nourishment and
attendant charges
3. Loss of income during 10000.00 19500.00
treatment period
4. Future loss of income 60000.00 93600.00
5. Future medical 10000.00 10000.00
expenses
6. Loss of amenities 00.00 40000.00
Total 190000.00 276100.00
9. Hence, the appellant/claimant is entitled for an
enhancement of `66,100/- (`2,76,100 - `1,90,000) together
with interest at 6% p.a.
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10. 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 an enhancement of
`66,100/- 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 is directed to deposit the
enhancement of `66,100/- 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;
vi) The Registry to draw the modified award
accordingly;
vii) No costs.
Sd/-
JUDGE
PNV
