Karnataka High Court
Kullegowda vs Mahadeva. N on 12 January, 2024
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NC: 2024:KHC:1811
MFA No. 3921 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
M.F.A NO. 3921 OF 2021 (MV-I)
BETWEEN:
KULLEGOWDA
S/O. LATE NINGANAYAKA,
AGED ABOUT 50 YEARS,
R/AT BETTADURU,
HALEBEEDU POST,
BILIKERE HOBLI,
HUNSUR TALUK-571 105,
MYSURU DISTRICT.
...APPELLANT
(BY SRI. SYED ABDUL SABOOR.,ADVOCATE)
AND:
MAHADEVA. N
S/O.LATE NINGANAYAKA,
AGED ABOUT 37 YEARS,
R/AT HOUSE NO.141/2,
Digitally signed by AMACHAVADI (RAMANAHALLI),
MALA K N SAGARAKTTE POST,
Location: HIGH ELAWALA HOBLI,
COURT OF MYSURU TALUK AND DISTRICT.
KARNATAKA
...RESPONDENT
(RESPONDENT-SERVED UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.04.2021 PASSED IN MVC NO.
259/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE
AND MACT, MYSURU, ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 3921 of 2021
THIS MFA, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal, the appellant has challenged the
judgment and award dated 24.04.2021 passed in
M.V.C.No.259/2019 by the III Additional District Judge &
MACT at Mysuru ('the Tribunal' in short).
2. For the sake of convenience, the rank of the
parties shall be referred to as per their status before the
Tribunal.
3. Brief facts of the case are, on 22.11.2018 at
12.40 p.m. the petitioner while walking on the left side of
Illawala Road, in front of Panchayat Office of Gungral
Chatra, was hit by scooter bearing No.KA-09-HJ-2100
injuring him. After taking treatment at Palaksha Hospital,
he has approached the Tribunal for a grant of
compensation of Rs.25,00,000/-. The claim was opposed
by the respondents. The Tribunal, after taking the
evidence, by impugned judgment awarded Rs.2,99,566/-
with 6% interest. Pleading inadequacy and seeking for
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enhancement, the appellant has filed this appeal on
various grounds.
4. Heard Sri.Syed Abdul Saboor., learned counsel for
the appellant. Respondent is served and unrepresented.
5. It is the contention of the learned counsel for the
petitioner that the Tribunal has not awarded any
compensation towards of loss of amenities and discomfort.
Income of Rs.10,000/- has been taken as against
Rs.12,500/-, loss of disability is not properly ascertained
and lesser compensation is awarded towards loss of future
income. He has no grievance on other heads as assessed
by the Tribunal.
6. I have given my anxious consideration to the
arguments advanced on behalf of the petitioner and
perused the materials on record.
7. The material on record points out that there was
an accident on 22.11.2018 at 12.40 p.m. wherein the
petitioner was hit by the scooter bearing No.KA-09 HJ-
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2100 injuring him. PW-2 Dr.Jagadeesh.E.S. is the treated
doctor has pointed out that the appellant has suffered two
factures i.e., facture of right leg and left hand and
sustained permanent disability of 11.7% to the left upper
limb, 20.6% to the right lower limb and 14.6% of whole
body. The appellant is an agriculturist, aged more than 60
years. Having regard to the age of the appellant, the
Tribunal has rightly assessed the whole body disability as
10%. The argument of the learned counsel for the
appellant that the trial Court ought to have assessed the
higher rate of percentage of disability is not persuasive.
8. The accident was in the year 2018. With no proof
of income, the income taken at Rs.10,000/- by the
Tribunal is on the lower side, it ought to be taken at
Rs.12,500/-. Tribunal has awarded the compensation
under the following heads;
1 Pain and Sufferings 40,000.00
2 Medical Expenses 75,566.00
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3 Special diet, Attendant 15,000.00
charges, travelling and
Miscellaneous expenses.
4 Future Medical expenses 35,000.00
5 Loss of earning during the 50,000.00
period of treatment
6 Loss of future income 84,000.00
Total 2,99,566.00
9. The Tribunal has awarded Rs.40,000/- towards
pain and sufferings, medical expenses of Rs.75,566/-,
incidental expenses of Rs.15,000/-, Future medical
expenses of Rs.35,000/- and it is kept intact. In view of
the income being taken as Rs.12,500/-, loss of income
during treatment comes to Rs.62,500/- as against
Rs.50,000/- assessed by the Tribunal. The Tribunal has
not awarded the loss of amenities, hence same is assessed
at Rs.30,000/. The income of Rs.12,500/- is taken, loss of
future income Rs.12,500/- x 12 x 7 x 10% comes to
Rs.1,05,000/-. Thus, the total compensation comes
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Rs.3,03,066/- as against Rs.2,99,566/- thereby
enhancement of Rs.63,500/-. It is just and adequate
compensation in the facts and circumstances of the case.
Accordingly, the appeal deserves merits consideration. In
the result, the following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award is modified.
iii. The petitioner would be entitled for enhanced
compensation of Rs.63,500/- along with interest at
the rate of 6% per annum from the date of petition
till its realization.
iv. The respondent is directed to satisfy the award within
a period of eight weeks from the date of receipt of a
certified copy of this judgment.
v. The amount in deposit, if any, shall be transmitted
the Tribunal along with records forthwith.
Sd/-
JUDGE
