Karnataka High Court
Mahadev S/O Sambanna Hadnoor @ ... vs Syed Ahmed S/O Syed Abbas Ali And Ors on 4 January, 2024
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MFA No. 200785 of 2014
C/W MFA.CROB No. 200036 of 2016
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO. 200785 OF 2014 (MV-D)
C/W
MFA CROSS OBJ NO. 200036 OF 2016 (MV-I)
IN MFA NO. 200785/2014:
BETWEEN:
DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
DR.B.G.JAWALI COMPLEX, GULBARGA
NOW REPRESENTED BY ITS SR.
DIVISIONAL MANAGER,
GULBARGA
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
Digitally signed
by KHAJAAMEEN
L MALAGHAN AND:
Location: High
Court of
Karnataka 1. MAHADEV S/O SAMBANNA HADNOOR
@ AKKALKOTE
AGE: 42 YEARS, OCC : CENTRING MESTRI &
AGRICULTURE,
RESIDENT OF DHARMAPUR VILLAGE,
TQ: & DIST : GULBARGA-585105.
2. SYED AHMED S/O SYED ABBAS ALI
AGE: 62 YEARS, OCC : LORRY DRIVER,
R/O: IRANI BUILDING, WADI
TQ : CHITTAPUR
DIST : GULBARGA-585211.
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MFA No. 200785 of 2014
C/W MFA.CROB No. 200036 of 2016
3. SRI SHAMBULINGAPPA
S/O MAHADEVAPPA DIGGAOV
AGE: 30 YEARS, OCC : BUSINESS & OWNER OF
LORRY BEARING NO.MH-12/F-5029,
R/O : NEAR GACHHINMATH,
TQ : CHITTAPUR
DIST : GULBARGA-585211.
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADV. FOR R1; V/O DATED
24.02.2016 NOTICE TO R2 AND R3 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE REOCRDS IN MVC NO.911 OF 2012
ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT,
GULBARGA AND SET ASIDE AND MODIFY THE JUDGMENT AND
AWARD DATED 30.01.2014 BY ALLOWING THIS APPEAL WITH
COSTS AND GRANT SUCH OTHER RELIEF AND FURHTER
RELIEFS, AS THIS COURT DEEMS FIT TO GRANT IN THE FACTS
AND CIRCUMSTANCES FO THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA CROB. NO. 200036/2016:
BETWEEN:
MAHADEV S/O SAMBANNA HADNOOR
@ AKKALKOTE
AGE: 44 YEARS, OCC : CENTRING MESTRI &
AGRICULTURE,
RESIDENT OF DHARMAPUR VILLAGE,
TQ: & DIST : GULBARGA-585105.
...CROS OBJECTOR
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
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MFA No. 200785 of 2014
C/W MFA.CROB No. 200036 of 2016
AND:
1. SYED AHMED S/O SYED ABBAS ALI
AGE: 64 YEARS, OCC : LORRY DRIVER,
R/O: IRANI BUILDING, WADI
TQ : CHITTAPUR
DIST : GULBARGA-585211.
2. SRI SHAMBULINGAPPA
S/O MAHADEVAPPA DIGGAOV
AGE: 34 YEARS, OCC : BUSINESS & OWNER OF
LORRY BEARING NO.MH-12/F-5029,
R/O : NEAR GACHHIN MATH,
TQ : CHITTAPUR
DIST : GULBARGA-585211.
3. DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DR.B.G.JAWALI COMPLEX, GULBARGA
NOW REPRESENTED BY ITS SR.
DIVISIONAL MANAGER,
GULBARGA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADV. FOR R3; V/O DATED
05.12.2018 NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE REOCRDS AND MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 30.01.2014
PASSED BY THE PRL. SENIOR CIVIL JDUGE & MACT,
GULBARGA IN MAVC NO. 911/2012 IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 200785 of 2014
C/W MFA.CROB No. 200036 of 2016
JUDGMENT
Aggrieved by the judgment and award passed in MVC
No.911/2012, dated 30.01.2014, by the Principal Senior
Civil Judge & MACT, Gulbarga, the insurance company is
before this court. In that, the claimants have filed MFA
Crob. No.200036/2016 seeking enhancement of the
compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.13,00,000/- for the
injuries sustained by the claimant in the accident.
According to the claimant he had sustained bleeding and
grievous injuries on the chest, trunk, right side lap and
right side arm and teeth were broken which resulted in
permanent disability to the claimant and he is getting
periodically head ache and he is not able to do the work as
he was doing earlier. Two Doctors have given two
Disability Certificates. As per PW-2 who is an orthopedic
Doctor the claimant had sustained 43% disability and as
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C/W MFA.CROB No. 200036 of 2016
per PW-3 who is a dentist the claimant had sustained 80%
disability. The court below had taken the disability at 45%
to the whole-body. Then coming to the income according
to the claimant he was earning an amount of Rs.15,000/-
per month. As no evidence was adduced before the court
below, court taken an amount of Rs.4,000/- as income and
granted compensation under various heads as follows:
Heads Compensation
Awarded
1. Future Earning : Rs. 3,24,000/-
2. Pain and Sufferings : Rs. 50,000/-
3. Attendant Charges : Rs. 25,000/-
4. Future Medical Expenses : Rs. 25,000/-
5. Medical Expenses : Rs. 1,00,000/-
TOTAL : Rs. 5,24,000/-
3. Learned counsel appearing for the insurance
company submits that the court below without any basis
had taken the disability at 45%. It is submitted that even
for the grant of medical expenses also there was no
discussion. In the judgment straight away the court below
had come to the conclusion that the claimant had spent an
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C/W MFA.CROB No. 200036 of 2016
amount of Rs.1,00,000/- towards medicine. It is submitted
that the compensation that was awarded by the court
below is without any basis.
4. Learned counsel appearing for the claimants
submits that during the pendency of the appeal
considering the two opinions of the doctors, this Court had
referred the matter to the Medical Board as per letter
dated 09.10.2022, the Medical Board has filed a disability
certificate before this court. As per the said certificate the
dentist opinion is that as per the clinical and biological
assessment mandible bone united. But not aligned
properly (Malaligned) as a result, it is causing deranged
occlusion on left side of Mandible causing difficulty in
Mastication. When it comes to the orthopedic surgeon he
had opined that there is a disability of 38% permanent
and non-progressive.
5. Learned counsel for the claimant submits that
the disability with regard to the mandible issue was not
quantified by the Medical Board. Hence the matter may be
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C/W MFA.CROB No. 200036 of 2016
sent back to the Medical Board for assessing the disability.
It is submitted that on all counts the compensation which
was awarded by the Tribunal was not reasonable. He
submits that this is an accident of the year 2012 and
atleast the court below could have taken the income at
Rs.6,500/- p.m.
6. Having heard the learned counsels on either
side, perused the entire material on record. In this case
the claimant had sustained fracture as well as other
grievous injuries on right side lap and right side arm,
which resulted in permanent disability. The claimant was
in hospital for 99 days. Considering this under the head of
pain and sufferings this Court is granting an amount of
Rs.70,000/-. Then coming to the disability orthopedic
doctor stated that disability is 43% and the dentist had
stated that the disability is 80%. The court below had
taken 45% disability to the whole-body. Now as per the
direction of this Court the Medical Board had examined
and opined that the claimant had sustained disability at
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C/W MFA.CROB No. 200036 of 2016
38%. As this is an accident of the year 2012, at this point
of time again this Court is not inclined to send it back to
the Medical Board to quantify the disability. Considering
the report of the Medical Board that as per the clinical and
biological assessment mandible bone united. But not
aligned properly (Malaligned) as result. It is causing
deranged occlusion on left side of Mandible causing
difficulty in Mastication. When it comes to the orthopedic
surgeon he had opined that there is a disability of 38%
permanent and non-progressive. Altogether the whole-
body disability comes to 48%. As rightly contended by the
learned counsel for the appellant this is an accident of the
year 2012. Hence, this Court is taking the income at
Rs.6,500 x 12 x 15 x 48%, and the claimant is entitled for
an amount of Rs.5,61,600/- under the head of loss of
further income. Towards attendant charges,
nourishment, food and transport considering long
hospitalization an amount of Rs.50,000/- is granted.
Coming to the future medical expenses the court below
had rightly granted Rs.25,000/-, which do not call for
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C/W MFA.CROB No. 200036 of 2016
interference. When it comes to medical expenses the
court below had granted Rs.1,00,000/- there is no
discussion in the entire order how the court below arrived
at such an amount. This court had perused the Exhibit-P17
i.e., 42 medical bills it comes to Rs.49,120/-. Considering
the same under the head of Medical Expenses this Court
is granting an amount of Rs.49,120/-.
7. Further 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.
8. The claimant is therefore, entitled to the
compensation under the following heads:
(2014) 11 SCC 178
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C/W MFA.CROB No. 200036 of 2016
Heads Compensation
Awarded
1. Loss of Future Earning : Rs. 5,61,600/-
2. Pain and Sufferings : Rs. 70,000/-
3. Attendant Charges : Rs. 50,000/-
4. Future Medical Expenses : Rs. 25,000/-
5. Medical Expenses : Rs. 49,120/-
6. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 7,65,720/-
9. Accordingly, Insurance Company appeal in MFA
No.200785/2014 is Dismissed. The claimant's MFA Crob.
No.200036/2016 is Partly Allowed, enhancing the
compensation amount from Rs.5,24,000/- to
Rs.7,65,720/-.
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
weeks from the date of receipt of copy of the
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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) The amount in deposit shall be transferred to
the Tribunal forthwith for disbursal.
v) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
Judge
JJ
