Karnataka High Court
Sri. Manjunatha vs S.K.Gajendra on 22 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:7515
MFA No. 2827 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 2827 OF 2017 (MV-I)
BETWEEN:
SRI. MANJUNATHA
S/O MANJEGOWDA,
AGED ABOUT 25 YEARS,
R/OF UDDURU KOPPALU VILLAGE,
KASABA HOBLI,
HASSAN - 573 201
...APPELLANT
(BY SRI. CHETHAN B, ADVOCATE)
AND:
1. S. K. GAJENDRA
Digitally signed by JAI
JYOTHI J
C/O KRISHNAMURTHY,
Location: HIGH MAJOR,
COURT OF
KARNATAKA R/AT HOUSE NO.2,
IBBEDU VILLAGE AND POST,
BELUR TALUK - 573 115
HASSAN DISTRICT
2. THE REVISIONAL MANAGER,
RELIANCE INSURANCE CO.LTD.,
DIVISIONAL OFFICE,
NO.28, EAST WING,. MG ROAD,
BANGALORE
REPRESENTED BY
BRANCH MANAGER.
RELIANCE GENERAL INSURANCE CO.LTD.,
-2-
NC: 2024:KHC:7515
MFA No. 2827 of 2017
KRUTIKA ARCADE, N. R. CIRCLE,
HOLENARASIPURA ROAD,
HASSAN - 560 001.
...RESPONDENTS
(BY SRI. H S LINGARAJ ADVOCATE FOR R2;
V/O DATED 10.04.2018 NOTICE TO R1 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.01.2015 PASSED IN MVC
NO.694/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN,
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 present appeal is filed by the
appellalnt/claimant challenging the judgment and award
dated 22.01.2015 passed in MVC.No.694/2013 by II Addl.
District and Sessions Judge & Addl. MACT at Hassan, for
seeking enhancement of compensation.
2. The factum of accident, injuries sustained
by the claimant and coverage of insurance is not disputed.
3. Heard the arguments from both sides and
perused the records.
NC: 2024:KHC:7515
4. The Tribunal has awarded compensation
under various heads as follows:
1 Pain and sufferings Rs. 40,000/-
2 Medical expenses Rs. 2,01,547/-
3 Loss of earning during Rs. 11,067/-
treatment
4 Loss of future earning Rs. 86,400/-
capacity
5 Conveyance, nourishment Rs. 7,000/-
and attendant charges
TOTAL Rs. 3,46,014/-
5. From the medical evidence on record, it is
proved that the claimant has suffered the following injuries:
i. Fracture both bone left leg
ii. Fracture right o/c serum of ulna FA bone
6. Considering the nature of injuries sustained,
compensation of Rs.60,000/- is awarded under the head
injury, pain and suffering.
7. The compensation of Rs.2,01,547/- awarded
under the head medical expenses is as per the actual bills
produced. Hence, it is kept in tact.
NC: 2024:KHC:7515
8. Further compensation of Rs.30,000/- is
awarded under the head loss of amenities.
9. The accident is caused on 14.11.2012. The
claimant is an agriculturists and doing bakery business and
claiming that he was earning Rs.8,000/- pm. In the absence
of proof of income, notional income of Rs.7,000/- pm., is
taken into consideration for the year 2012 as per the
Notional Income Chart recognized by the Karnataka State
Legal Service Authority. The doctor stated that the claimant
has suffered 30% of physical disability towards left lower
limb and 10% of functional disability towards whole body.
Considering the factors that the claimant suffered fracture of
both bones of left leg and fracture to the right hand and
considering that the claimant is an agriculturist and doing
bakery business, it is just and proper to take functional
disability at 12%. The claimant was aged 21 years,
therefore, the appropriate multiplier applicable is 18. Hence,
compensation under the head loss of earning capacity due
to disability is re-assessed and quantified as follows:
NC: 2024:KHC:7515
Rs.7,000/- x 12% x 18 x 12=Rs.1,81,440/-
Accordingly, compensation of Rs.1,81,440/- is
awarded under the head loss of earning capacity due to
disability.
10. Further compensation of Rs.28,000/-
(Rs.7,000/- pm., x 4 months) is awarded under the head
loss of income during laid up period.
11. From the medical evidence on record, it is
proved that the claimant was inpatient for a period of 83
days in the hospital and had suffered loss of earning during
this period. Accordingly, compensation of Rs.75,000/- is
awarded under the head incidental expenses such as food,
nourishment, conveyance and attendant charges etc.,
12. Thus, in all, the appellant/claimant is
entitled to total compensation under various heads as
follows:
NC: 2024:KHC:7515
1 Injury, pain and Rs.
60,000/-
sufferings
2 Medical expenses Rs. 2,01,547/- Kept in tact
3 Loss of amenities Rs. 30,000/-
4 Loss of earning capacity Rs.
1,81,440/-
due to disability
5 Loss of income during Rs.
28,000/-
laid up period
6 Incidental expenses Rs.
such as food,
nourishment, 75,000/-
conveyance and
attendant charges etc.,
Total Rs. 5,75,987/-
13. The Tribunal has awarded compensation of
Rs.3,46,014/-, but the appellant/claimant is entitled to total
compensation of Rs.5,75,987/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.2,29,973/- (Rs.5,75,987/- - Rs.3,46,014/-). Therefore,
the appellant/claimant is entitled to enhanced compensation
of Rs.2,29,973/- 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:7515
14. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
22.01.2015 passed in MVC.No.694/2013 by the
II Addl. District and Sessions Judge & Addl. MACT
at Hassan, is modified to the extent that the the
appellant/claimant is entitled to enhanced
compensation of Rs.2,29,973/- 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. The appellant/claimant is not entitled for interest
for the delay period of 709 days in filing the
appeal.
v. Draw award accordingly
Sd/-
JUDGE
PB
