Karnataka High Court
Sri. Jagadish Shambu Gowda vs Sri. Maruthi Ningappa Naik on 20 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:4165
MFA No. 23332 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 23332 OF 2013 (MV)
BETWEEN:
1. SRI. JAGADISH SHAMBU GOWDA
SINCE DECEASED BY HIS LRS.
1.A MAHADEVI D/O. DEVA GOUDA
W/O. JAGADISH GOUDA,
AGE: 47 YEARS, OCC: TEACHER,
R/O: KOLKI, GUNAVANTE,
TALUK. HONNAVAR
1.B ANKIT D/O. JAGADISH
AGE: 23 YEARS, OCC: STUDENT,
R/O: KOLKI, GUNAVANTE,
TALUK. HONNAVAR
Digitally
signed by
SAMREEN
SAMREEN
AYUB
1.C ARPITA JAGADISH GOUDA,
AYUB DESHNUR AGE: 21 YEARS, OCC:STUDENT,
DESHNUR Date:
2024.02.23
17:06:07
R/O: KOLKI, GUNAVANTE,
+0530
TALUK. HONNAVAR
...APPELLANTS
(BY SRI. T.M. NADAF, ADVOCATE)
AND:
1. SRI. MARUTHI NINGAPPA NAIK
REGD. OWNNER OF TEMPO BEARING
NO. KA-30/1547,
R/O HADEEN, HINDU NAGAR,
BELKE, BHATKAL.
-2-
NC: 2024:KHC-D:4165
MFA No. 23332 of 2013
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE, KARWAR.
...RESPONDENTS
(BY SRI. R.H. ANGADI, ADVOCATE FOR R1;
S.V. YAJI, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
CALL FOR THE RECORDS AND ENHANCE THE COMPENSATION
AWARDED DATED 17.01.2013, IN M.V.C NO. 89/2010 ON THE
FILE OF THE ADDL. MACT, HONNAVAR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken for final disposal.
2. Heard Shri. T. M. Nadaf, learned counsel for the
appellants and Shri. S. V. Yaji, learned counsel for respondent
No.2-Insurance Company.
3. Claimant Shri. Jagadish Shambhu Gowda filed a
claim petition under Section 166 of the Motor Vehicles Act,
1988 (for short 'M.V. Act'), claiming compensation for the
accidental injuries sustained by him on 22.10.2009 involving
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motor cycle bearing registration No.KA-31/1491 and Tempo
bearing registration No.KA-30/1547.
4. Because of the injuries sustained by him, he was
shifted to Government Hospital, Manki at the first instance and
then to Tejasvini Hospital, Mangaluru, wherein he was treated
as inpatient for a period of 27 days.
5. Subsequently he was admitted to Kasturba Medical
College Hospital he has been treated for an year. Despite such
treatment he has suffered serious disability on account of
accidental injuries.
6. Claim petition was resisted by filing necessary
written statement, wherein, the claim averments were denied
by the Insurance Company.
7. Tribunal, on contest, allowed the claim petition in a
sum of Rs.5,43,000/- as under:
1 Towards the pain and agony Rs.60,000/-
2 Expenses towards medical treatment Rs.2,74,840/-
3 Towards conveyance, food extra Rs.20,000/-
nourishment and attendant charges
4 Towards loss of income during the Rs.27,000/-
period of treatment
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5 Loss of future earning capacity due to Rs.1,51,200/-
permanent disability
6 Towards future unhappiness and Rs.10,000/-
inconvenience
Total Rs.5,43,000/-
8. Being not satisfied with the award of the
compensation in a sum of Rs.5,43,000/-, the claimant is in
appeal.
9. During pendency of the appeal, the claimant died.
His legal representatives are brought on record.
10. Shri. T. M. Nadaf, learned counsel for the appellants
sought for enhanced compensation by contending that since
there is a death of the claimant, the quantum of compensation
is to be re-assessed on the basis of loss of dependency insofar
as the legal representatives of the deceased are concerned and
sought for allowing the appeal.
11. Alternatively he submitted that in the event this
Court comes to the conclusion that there is no nexus between
the death of the claimant and the injuries sustained by him in
the accident, the quantum of compensation awarded by the
Tribunal needs enhancement.
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12. He further contended that the disability factor is not
properly assessed by the Trial Court and same needs to be re-
assessed. So also he contended that the monthly income is not
properly assessed though the injured was possessing seven
acres of agricultural land and he had a small business and
therefore, he cannot be treated as a person without any income
and atleast Rs.6,000/- monthly income is to be considered and
sought for re-assessment of the compensation.
13. Per contra, Shri. S. V. Yaji, learned counsel for
respondent No.2-Insurance Company opposes the grounds
urged in the appeal memorandum and maintains that there is
no nexus between the death of the claimant and accidental
injuries sustained by him.
14. He further contended that the disability factor is
rightly assessed by Tribunal and sought for dismissal of the
appeal.
15. Having heard the parties in detail, this Court
perused the material on record meticulously.
16. On such perusal of the material on record,
accidental injuries sustained by Jagadish Shambhu Gowda in a
NC: 2024:KHC-D:4165
road traffic accident that occurred on 22.10.2009 involving
motor cycle bearing registration No.KA-31/1491 and Tempo
bearing registration No.KA-30/1547 stands established by
placing necessary oral and documentary evidence on record.
Insofar as the disability on account of accidental injuries
sustained by the claimant is concerned, on record there are two
disability certificates which were marked at Ex.P.244 and
P.245, Ex.P.246 - Case sheet and X-ray films. The doctor has
assessed disability factor at 42% for the injuries sustained by
him and for the whole body there is a disability of 47%.
17. Taking note of the fact that there was no movement
in the hand at the time of recording the evidence, Tribunal has
noted the physical condition of the claimant. The claimant was
treated for about one year as inpatient at Kasturba Medical
College Hospital. Medical records, case sheet would sufficiently
depict the nature of injuries and pain that has been suffered by
the claimant.
18. Since he was in hospital for a period of more than
one year awarding of compensation on the attendant,
nourishment and conveyance in a sum of Rs.20,000/- is on the
NC: 2024:KHC-D:4165
lower side. As rightly contended by the counsel for the
appellants, the award of compensation by taking monthly
income in a sum of Rs.4,500/- is on the lower side so also the
disability factor.
19. However, this Court cannot subscribe its view to the
argument put forth on behalf of the claimant that claimant died
on account of accidental injuries suffered by him. There is no
nexus between the accidental injuries and the death of the
claimant and there is no post mortem report.
20. Therefore, the only factor that needs to be
considered in the quantum of compensation is the question of
loss of income due to the permanent disability. So also on the
head of nourishment, attendant charges, future unhappiness.
Since he was inpatient for a period of more than one year,
there is a scope for enhanced compensation on the head of loss
of income during the laid up period which has been assessed
only in a sum of Rs.27,000/- by then Tribunal. Therefore, a
case is a made out for re-assessment of compensation.
21. Taking note of these aspects of the matter, instead
of enhancing the compensation on the head of loss of future
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income due to permanent disability, loss of income during laid
up period and towards food, extra nourishment and attendant
charges, if a sum of Rs.2,00,000/- is enhanced globally ends of
justice would be met.
22. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against sum of Rs.5,43,000/-
awarded by the Tribunal, the claimants
are entitled to a sum of Rs. 7,43,000
with interest at the rate of 6% per
annum from the date of petition till its
realization, less the interest for the
delayed period.
Sd/-
JUDGE
SMM
