Karnataka High Court
Sri. Ganapathi Mogera vs Sri. Vishnu on 27 February, 2024
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NC: 2024:KHC:8172
MFA No. 9480 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 9480 OF 2017
BETWEEN:
SRI. GANAPATHI MOGERA
S/O LACHMAYYA MOGERA
R/O HEBLE, BHATKAL TALUK,
U.K.DISTRICT - 572101
...APPELLANT
(BY SRI. K PRASANNA SHETTY.,ADVOCATE)
AND:
1. SRI. VISHNU
S/O SHANKAR DEVADIGA
AGED MAJOR
R/O NMCC, HOSANGADI VILLAGE,
KUNDAPURA TALUK - 572301
2. MANAGING DIRECTOR
Digitally KSRTC, BHATKAL DIVISION
signed by BHATKAL TALUK, U.K.DISTRICT - 572101
SUVARNA T
Location: ...RESPONDENTS
HIGH (BY SRI.F.S. DABELI.,ADVOCATE FOR R2;
COURT OF V/O DTD: 20.11.2023 NOTICE TO R1 IS D/W)
KARNATAKA
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED14.08.2017 PASSED IN MVC
NO.278/2016 ON THE FILE OF THE ADDITIONAL DISTRICT
JUDGE, ADDITIONAL MACT & KUNDAPURA, UDUPI (SITTING AT
KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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MFA No. 9480 of 2017
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award dated 14.08.2014, passed in
MVC No.278/2016, by the MACT, Udupi (Sitting at
Kundapura), Kundapura, the claimant is before this court
seeking enhancement of the compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.5,75,000/- for the
injuries sustained by the claimant in the accident. As per
the wound certificate the claimant had sustained the
following injuries: (i) swelling right hip - tenderness
mercupents reduced (ii) tenderness at coceygeal spine.
According to the doctor the second injury is grievous in
nature and the claimant had sustained 6% disability. It is
the case of the claimant that he is a fisherman and was
earning an amount of Rs.15,000/- p.m. The court below
had taken the disability at 3% to the whole-body and
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considering the monthly income at Rs.7,000/- had granted
compensation as per the table given below:
Heads Compensation
Awarded
1. Injury, Pain and Sufferings : Rs. 25,000/-
2. Medical Expenses : Rs. 30,784/-
Loss of Earning during
3. : Rs. 3,495/-
treatment
4. Loss of during bed rest : Rs. 32,760/-
5. Nourishment, attendant & : Rs. 6,000/-
conveyance charges
TOTAL : Rs. 98,039/-
3. Learned counsel appearing for the claimant
submits that the court below ought to have taken the
disability at 6% and under the head of pain and suffering
the amount that was granted was not reasonable and the
court below ought not to have taken the income at
Rs.7,000/- when it is the case of the claimant is that he
was earning Rs.15,000/- p.m. It is submitted that under
the head of conveyance, transport and nourishment the
amount that was granted by the court below was not
reasonable and the claimant was in hospital for fifteen
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days and for the loss of income during laid up period no
amounts were granted by the Tribunal.
4. Learned counsel appearing for the respondent -
insurance company submits that the claimant had failed to
examine the doctor and no evidence is adduced except
filing a certificate, inspite of the same the court below had
taken 3% as the disability and granted the compensation.
He submits that no grounds are made out for
enhancement of the compensation.
5. Having heard the learned counsel on either
side, perused the entire material on record. There is no
dispute about the fact that the claimant had sustained one
grievous injury, hence under the head of pain and
suffering this Court is granting an amount of
Rs.40,000/-, towards medical expenses the court
below had granted an amount of Rs.30,784/- which is
as per the bills and receipts produced and no interference
is called for. Under the head loss of income during laid
up period though it is stated by the claimant that he is
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earning Rs.15,000/- p.m., no evidence is produced in this
regard. Considering the chart prepared by the Karnataka
State Legal Services Authority, since the accident has
occurred in the year 2013, this Court is taking the national
income at Rs.8,000/- and taking the disability at 3% to
the whole-body, the claimant is entitled for an amount of
Rs.37,440/- (Rs.8,000 x 12 x 13 x 3%) towards loss of
income due to disability. Considering the laid up period
as two months an amount of Rs.16,000/- is awarded
towards loss of income during laid up period. Towards
conveyance, nourishment, transport the claimant was
in hospital for 15 days and hence an amount of
Rs.15,000/- is granted.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
(2014) 11 SCC 178
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7. The claimant is therefore, entitled to the
compensation under the following heads:
Description By Tribunal By this Court
Loss of income due to Rs.
32,760/- 37,440/-
disability
Injury, Pain and Rs.
25,000/- 40,000/-
Sufferings
Medical Expenses Rs. 30,784/- 30,784/-
Loss of Earning during Rs.
3,495/- 16,000/-
treatment
Nourishment, Rs.
attendant & 6,000/- 15,000/-
conveyance charges
Legal Expenses Rs. 0 10,000/-
Total Rs. 98,039/- 1,49,224/-
Enhancement Rs.51,185/-
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.98,039/- to
Rs.1,49,224/-.
i) The enhanced amount shall carry interest at 6%
p.a., from the date of petition till the date of
realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight
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weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
JJ
