Karnataka High Court
Srinivasachari vs Mr. Ravi on 3 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:303
MFA No. 396 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.396 OF 2018 (MV-I)
BETWEEN:
SRINIVASACHARI
S/O. LAKSHMANACHARI @ ANNAIAH SOMACHARI,
AGE: 48 YEARS,
R/A SOMANAPURA VILLAGE,
TERAKANAMBI HOBLI,
GUNDLUPET TALUK - 571 111.
...APPELLANT
(BY SMT. B.N. MANJULA ADVOCATE FOR
SRI. NAGARAJ R C, ADVOCATE)
AND:
1. MR. RAVI
S/O KEMPARAJAPPA,
AGE: 33 YEARS,
R/O CHIRAKANAHALLI VILLAGE,
TERAKANAMBI HOBLI,
Digitally signed by
RAMYA D GUNDLUPET TALUK - 571 111
Location: HIGH COURT
OF KARNATAKA
2. MRS. UMAMAHESH
S/O MAHADEVAPPA,
R/A BOMMANAHALLI VILLAGE,
TERAKANAMBI HOBLI,
GUNDLUPET TALUK - 571 111
...RESPONDENTS
(R1- DEEMED TO BE SERVED V/O DATED: 07.11.2023.
R2-SERVED)
-2-
NC: 2024:KHC:303
MFA No. 396 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 18.09.2017 PASSED IN MVC
NO.414/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC, MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, AND THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded by the Senior Civil
Judge & JMFC, Gundlupet, by judgment and award dated
18.09.2017 passed in MVC No.414/2014.
2. The factum of accident, injuries sustained and
coverage of insurance, are not in dispute.
3. Heard the arguments of both sides and perused
the materials on record.
4. From the medical records on record it is proved
that the claimant has suffered fracture of tibia and fibula
bone of right leg.
NC: 2024:KHC:303
5. The Tribunal has awarded compensation as
follows:
1. Medical expenses Rs.24,100/-
2. Loss of future earning an account Rs.1,41,200/-
of permanent disability
3. Loss of earning during the Rs.10,000/-
treatment
4. Loss of amenities and happiness Rs.10,000/-
5. Food and nourishment and Rs.5,000/-
attendant charges
6. Future medical expenses Rs.15,000/-
Total Rs.2,05,300/-
6. The Tribunal while determining the
compensation has not adopted the correct parameters and
has awarded lesser compensation, which needs to be
enhanced. Thus, claimant is entitled to enhancement of
compensation.
7. The Tribunal has not awarded any
compensation towards 'pain and suffering'. The claimant
has suffered fracture of tibia and fibula of right bone.
Therefore, for the injuries suffered by the claimant
NC: 2024:KHC:303
compensation of Rs.40,000/- is awarded under the head
'pain and suffering'.
8. The alleged accident has occurred on
23.07.2014. The Tribunal has taken the notional income
of the claimant at Rs.7,000/- per month. As per the
provisions of KSLSA, the notional income for the accidents
of the year 2014 is to be taken at Rs.8,500/- per month.
The doctor has stated that claimant has suffered 36%
functional disability to particular limb and 12% disability to
whole body, which is found to be correct. The claimant
was aged 45 years at the time of accident, as such the
appropriate multiplier applicable is '14'. Therefore, 'loss of
future income due to disability' is reassessed as under:
Rs.8,500/- x 12 x 14 x 12% = Rs.1,71,360/-
Thus, claimant is entitled for compensation of
Rs.1,71,360/- under the head 'loss of future income due to
disability'.
9. Further, the Tribunal has awarded a sum of
Rs.10,000/- towards 'loss of income during laid up period'.
NC: 2024:KHC:303
Taking into consideration that claimant was hospitalized
for 17 days, compensation of Rs.25,500/- (Rs.8,500/- x 3)
is awarded under the head 'loss of income during laid up
period' for 3 months.
10. Further, the Tribunal has awarded a sum of
Rs.5,000/- towards 'food, nourishment and attendant
charges', which is on lower side and needs to be
enhanced. Therefore, compensation of Rs.10,000/- is
awarded under the head 'food, nourishment and attendant
charges'.
11. Further, the Tribunal has awarded
compensation of Rs.24,100/- under the head 'medical
expenses' based on the medical bills produced by the
claimant, which is found to be correct and needs no
interference. The same is kept intact.
12. Further, the Tribunal has awarded
compensation of Rs.15,000/- under the head 'future
NC: 2024:KHC:303
medical expenses', which is just and proper and same is
kept intact.
13. Further, the Tribunal has awarded
compensation of Rs.10,000/- under the head 'loss of
amenities and happiness', which is just and proper and
kept intact.
14. Thus, in all, the appellant/claimant is entitled
for total compensation under various heads as follows:
1 Pain and suffering Rs. NIL 40,000/-
1 Medical expenses Rs. 24,100/- 24,100/-
2 Loss of future earning
an account of
permanent disability Rs. 1,41,200/- 1,71,360/-
3 Loss of earning during
the treatment Rs. 10,000/- 25,500/-
4 Loss of amenities and
happiness Rs. 10,000/- 10,000/-
5 Food and nourishment
and attendant charges Rs. 5,000/- 10,000/-
6 Future medical
expenses 15,000/- 15,000/-
TOTAL Rs. 2,05,300/- 2,95,960/-
15. The Tribunal has awarded compensation of
Rs.2,05,300/-, but the appellant/claimant is entitled to
total compensation of Rs.2,95,960/-. Hence, the
NC: 2024:KHC:303
appellant/claimant is entitled to enhanced compensation of
Rs.90,660/- (Rs.2,95,960/- - Rs.2,05,300/-). Therefore,
the appellant/claimant is entitled to enhanced
compensation of Rs.90,660/- 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.
16. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award
dated 18.09.2017 passed in MVC
No.414/2014 by the Senior Civil Judge &
JMFC, Gundlupet, is modified to the
extent that the appellant/claimant is
entitled to enhanced compensation of
Rs.90,660/- along with interest at the
rate of 6% per annum from the date of
petition till the date of realization, in
NC: 2024:KHC:303
addition to what has been awarded by
the Tribunal.
iii. No order as to costs.
iv. Draw award accordingly.
Sd/-
JUDGE
DR
