Karnataka High Court
Sri Yadava Rao @ Yadava vs Sri K.M. Pradeep on 4 January, 2024
-1-
NC: 2024:KHC:557
MFA No. 7226 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 7226 OF 2013 (MV)
BETWEEN:
SRI YADAVA RAO @ YADAVA
S/O SRI YADAVA GANGARAJA
AGED ABOUT 24 YEARS
R/AT BARUDA VILLAGE
SOMAPETE TALUK
ANDHRA PRADESH
PRESENTLY R/AT SRIDEVI
SAW MILL NEAR SINGAPURA
BELUR TALUK, HASSAN DISTRICT PIN 573201
...APPELLANT
(BY MS.NANDINI B AND
SMT DHRUVVISHWAKARMA, ADVOCATES FOR
SRI. K M SOMASHEKARA., ADVOCATE)
AND:
Digitally 1. SRI K.M. PRADEEP
signed by S/O SRI K S MANJEGOWDA
BHARATHI S
Location:
MAJOR, SRIDEVI ESTATE
HIGH DEVARUNDA VILLAGE, MUDIGERE TALUK
COURT OF CHIKMAGALUR DISTRICT 577 101
KARNATAKA
2. THE NEW INDIA
INSURANCE CO LTD.,
P.B. NO 96, CHANDAN COMPLEX
HARSHA MAHAL ROAD, HASSAN 573 201
REPT BY ITS BRANCH MANAGER
...RESPONDENTS
(BY SRI.C R RAVICHANKAR., ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.9.2012 PASSED IN MVC
-2-
NC: 2024:KHC:557
MFA No. 7226 of 2013
NO.5/2011 ON THE FILE OF SENIOR CIVIL JUDGE, MACT, BELUR,
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 above appeal is filed by the claimant challenging
the judgment and award dated 14.9.2012 passed in MVC No.
NO.5/2011 on the file of Senior Civil Judge, MACT, Belur1
and 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 regarding negligence
and the liability are not in challenge. Hence, the question
that is required to be considered is, Whether the quantum of
compensation is required to be enhanced?
4. It is forthcoming that the claimant was aged 21
years and in the accident in question he has suffered crush
injury of the left thumb which resulted in amputation of the
thumb which is forthcoming from the wound certificate
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:557
(Ex.P4). It is further forthcoming from the discharge
summary (Ex.P9) that the claimant was treated as an
inpatient at Mangala Hospital from 30.6.2010 to 17.7.2010
for a period of 18 days. The claimant is a coolie and his
income has been assessed as `4,500/- pm. Having regard to
the fact that no documents have been produced to prove the
income of the claimant, the same is re-assessed at `5,500/-
having regard to the chart followed for settlement of cases in
the Lok Adalat conducted by the High Court Legal Services
Authority.
5. The Tribunal has awarded a sum of `30,000/-
towards grievous injuries which is to be construed as
compensation towards pain and suffering. Further, a sum of
`70,000/- has been awarded towards medical expenses and
a sum of `20,000/- towards food, nourishment and attendant
charges, which are just and proper.
6. However, the loss of income is required to re-
assessed by taking the laid up period as 2 months. Hence, a
sum of `11,000/- is awarded towards loss of income during
laid up period.
NC: 2024:KHC:557
7. The Tribunal has not awarded any amount
towards loss of amenities and the same is required to be
granted. Hence, having regard to the period of treatment
and nature of injuries sustained, towards loss of amenities a
sum of `20,000/- is awarded.
8. The Tribunal has awarded a sum of `50,000/-
towards disability. Although the doctor was examined as
PW.2 there has been no assessment of disability. Having
regard to the nature of injury sustained and the amputation
of the left thumb, it is just and proper that disability be
assessed at 10%. The claimant being aged 21 years, the
appropriate multiplier is assessed as 18. In view of the
same, compensation towards permanent disability and future
loss of income, is re-assessed at (`5,500/-x12x18x10)
`1,18,800/-.
9. Accordingly, the total compensation under various
heads is re-assessed as follows:
NC: 2024:KHC:557
Sl.No. Heads Amount Amount
awarded by awarded by
the Tribunal this Court (`)
(`)
1. Pain and 30000.00 30000.00
suffering/grievous
injures
2. Medical expenses 70000.00 70000.00
3. Attendant charges, 20000.00 20000.00
food, nourishment and
conveyance charges
4. Loss of earning during 4500.00 11000.00
the period of treatment
6 Loss of amenities 0.00 20000.00
7 Permanent Disability, 50000.00 118800.00
future loss of income
Total 174500.00 269800.00
Hence, the appellant/claimant is entitled for enhanced
compensation of `95,300/- (`269800 - `174500) together
with interest at 6% p.a.
10. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 14.9.2012 passed
in MVC No.5/2011 on the file of Senior Civil
NC: 2024:KHC:557
Judge, MACT, Belur, is modified to the extent
stated herein. In all other respects, the judgment
and award of the Tribunal remain unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation of `95,300/- with interest at 6%
per annum from the date of petition till its
realization in addition to the compensation by the
Tribunal.
iv) Respondent No.2 - Insurance Company is
directed to deposit the said compensation
together with accrued interest within a period of
six weeks from the date of this 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
ND
