Karnataka High Court
Shyama Poojary vs Dinesh Poojary on 16 January, 2024
-1-
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MFA No. 6404 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.6404 OF 2013(MV-I)
BETWEEN:
SHYAMA POOJARY,
S/O BHOJA POOJARY,
AGED ABOUT 49 YEARS,
R/O HERBAL THOTA,
HANEHALLI VILLAGE,
UDUPI TALUK - 576 101.
...APPELLANT
(BY SRI. NAGARAJA HEGDE, ADVOCATE)
AND:
1. DINESH POOJARY,
MAJOR,
S/O RAMACHANDRA POOJARY,
R/O KODI KANYANA,
Digitally KODI POST,
signed by VIA. SASTHANA,
BHARATHI S
Location: UDUPI TALUK - 576 101.
HIGH
COURT OF
KARNATAKA 2. M/S NAVAYUGA COMPANY LIMITED,
K RAMAKRISHNA,
AGED ABOUT 47 YEARS,
S/O VENKATESHWARA RAO,
PROJECT MANAGER,
NAVAYUGA COMPAY, YATHADY,
UDUPI TALUK & DIST - 576 101.
3. IFFCO TOKIO GENERAL INSURANCE CO.LTD.,
NO.41, 2ND FLOOR, CRISTU COMPLEX,
NEAR MANDOVI MOTORS,
-2-
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MFA No. 6404 of 2013
LAVELLE ROAD,
BANGALORE - 560 001,
REP. BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SRI. D. VIJAYAKUMAR , ADVOCATE FOR R3;
R1 AND R2 ARE SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.04.2013 PASSED IN MVC
NO.428/2011 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 present appeal is filed by the claimant challenging
the judgment and award dated 22.04.2013 passed in
MVC.No.428/2011 by the file 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 rank before the Tribunal.
3. The finding of the Tribunal on negligence and the
liability is not in challenge. Hence, the only aspect that is
Hereinafter referred to as the 'Tribunal'
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required to be considered is with regard to enhancement of the
quantum of compensation.
4. It is forthcoming that the accident occurred on
18.02.2011 wherein, the appellant - claimant sustained fracture
of the left humerus bone and fracture of the olecranon of the
right elbow. The claimant has stated that he is doing centering
work. The Tribunal has assessed his income at `3,500/- per
month. No documents have been produced in proof of the
income earned by the claimant. Hence, the income of the
claimant is required to be re-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 re-assessed at
`6,500/- per month.
5. The age of the claimant was 47 years as on the date of
the accident and the Tribunal has applied the appropriate
multiplier of 13 which is just and proper.
6. It is forthcoming from the wound certificate (Ex.P.4)
that the injuries sustained by the claimant are grievous in
nature. It is forthcoming from the in-patient bill (Ex.P.11) that
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the claimant was admitted on 18.02.2011 and discharged on
19.02.2011 from Mahesh hospital. It is forthcoming from the
in-patient bill (Ex.P.10) that the claimant was once again
admitted at Mahesh hospital on 19.02.2011 and discharged on
26.02.2011. Hence, the claimant was treated as in-patient for
a total period of 9 days. The doctor has been examined as
PW.2 who has stated that the injuries sustained by the claimant
was surgically treated and that the claimant has sustained 15%
permanent disability to his right upper limb and 8% to the left
upper limb. Hence, the total disability to the left upper limb is
23% and the whole body disability is re- assessed as 6%.
7. In view of the aforementioned the compensation is
re- assessed as follows:
7.1. The Tribunal has awarded a sum of `37,000/-
towards pain and agony. In view of the nature of the injuries
sustained it is just and proper that the said compensation is re-
assed at `50,000/-.
7.2. The Tribunal has awarded a sum of `72,000/-
towards medical expense, conveyance, special diet,
nourishment and attendant charges. It is forthcoming from the
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medical bills of the claimant the total amount is `59,590/-.
Hence compensation towards medical expenses is
re- assessed at `60,000/-
7.3. The Tribunal has awarded a sum of `10,500/-
towards loss of income. The period of treatment is taken as two
months. Hence, loss of income is re-assessed at `13,000/-.
7.4. The Tribunal has awarded `45,000/- towards loss of
future income. The same is re-assessed as (6,500 X 12 X 13 X
6%) = `60,840/-.
7.5. The Tribunal has not awarded any amount towards
of loss of amenities. Having regard to the period of treatment
and nature of disability, a sum of `25,000/- is awarded towards
the said head.
7.6. With respect to food nourishment and attendance
charges, having regard to the nature of injuries sustained and
period of treatment, it is just and proper that a sum of
`20,000/- is awarded in respect of the same.
7.7. The Tribunal has awarded `10,000/- towards future
medical expenses, which is not interfered with.
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8. Having regard to the aforementioned, the total
compensation under various heads is re-assessed as follows:
Sl.No. Heads Amount awarded Amount
by the Tribunal awarded by this
(`) Court (`)
1. Pain and 37000.00 50000.00
suffering/grievous
injures
2. Medical expenses 72000.00 60000.00
3. Loss of income during 10500.00 13000.00
period of treatment
4. Future loss of income 45000.00 60840.00
5. Loss of amenities 0.00 25000.00
6. Future medical 10000.00 10000.00
expenses
7. Food & nourishment 0.00 20000.00
Total 174500.00 238840.00
9. Hence, the claimant is entitled for enhanced
compensation of `64,340/- (`2,38,840 - `1,74,500) rounded
after `65,000/- together with interest at 6% p.a.
10. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
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ii) The judgment and award dated 22.04.2013 passed in
MVC No.428/2011 on the file of Fast Track and Motor
Vehicle Accidents Claims Tribunal, Kundapura, 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 enhanced compensation of
`65000/- 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.3 - Insurance Company is directed to
deposit the said compensation together with accrued
interest within a period of six weeks from the date of
receipt of a copy of the judgment;
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.
vi) No costs.
Sd/-
JUDGE
