Karnataka High Court
Sri Ningegowda vs Sri Kehsavegowda on 2 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:130
MFA No. 2246 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.2246 OF 2019 (MV-I)
BETWEEN:
SRI. NINGEGOWDA,
S/O NANJEGOWDA,
AGED ABOUT 56 YEARS,
R/AT CHIKKADALURU VILLAGE,
DUDDA HOBLI,
HASSAN DISTRICT- 573 118
...APPELLANT
(BY SRI. MURALI N., ADVOCATE)
AND:
1. SRI. KESHAVEGOWDA
Digitally signed S/O THIMMEGOWDA,
by RAMYA D AGED ABOUT 39 YEARS,
Location: HIGH R/AT JAKKANAHALLY VILLAGE,
COURT OF DUDDA HOBLI,
KARNATAKA HASSAN DISTRICT - 573 118.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO.LTD.,
BP NO.108, VENKATESHWARA BUILDING,
B. M. ROAD, HASSAN - 573 201.
3. SRI. THIMMAPPA
S/O. RAMEGOWDA,
AGED ABOUT 58 YEARS,
JAKKANAHALLY VILLAGE,
KORAVANGALA POST,
-2-
NC: 2024:KHC:130
MFA No. 2246 of 2019
DUDDA HOBLI,
HASSAN TALUK AND DISTRICT - 573 118
...RESPONDENTS
(BY SRI. K.NAGARAJAIAH, ADVOCATE FOR R2;
R1 AND R3- NOTICE SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 08/08/2018, PASSED IN MVC
NO.200/2017, ON THE FILE OF III ADDITIONAL DISTRICT
JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 08.08.2018
passed in MVC.No.200/2017 by III Addl. District Judge and
MACT, Hassan, for seeking enhancement of compensation.
2. The factum of accident and the injuries
sustained by the claimant are not disputed. How much the
claimant has contributed negligence towards the accident
is to be considered and also regarding quantum of
compensation.
NC: 2024:KHC:130
3. Heard the arguments from both sides and
perused the records.
4. In the present case, the accident is between the
motor cycle, which was being riding by the claimant and
tractor. The Tribunal has held that the claimant has
contributed 50% of rash and negligence towards the
accident on the reason that from Ex.P.6-spot mahazar, it
is revealed that the accident is at the middle of the road.
But in the charge sheet, it is the opinion of the
Investigation Officer that the claimant was riding on his
left side, but in the said spot sketch, the spot of accident is
at the middle of the road. The Tractor is the bigger vehicle
compared to motor cycle. The claimant did not have the
driving licence to drive the motor cycle. Therefore,
considering the evidence on record on all its
preponderance of probability, certainly the claimant has
not contributed 50% of rash and negligence towards the
accident. Considering these documentary evidence, it can
be held that the claimant has contributed 20% of rash and
NC: 2024:KHC:130
negligence towards the accident and the driver of the
Tractor has contributed 80% of rash and negligence
towards the accident. Accordingly, the judgment and
award passed by the Tribunal is liable to the modified.
5. From the medical evidence on record, the
claimant sustained the following injuries:
i. Fracture of left femur
ii. Laceration on left knee
6. The Tribunal has awarded the compensation
under various heads as follows:
1 Loss of income due to Rs.
1,45,200/-
disability
2 Loss of income during laid up Rs.
11,000/-
period
3 Attendant charges Rs. 5,000/-
4 Pain and suffering Rs. 50,000/-
5 Medical expenses Rs. 96,787/-
6 Future medical expenses Rs. 30,000/-
7 Miscellaneous expenditure Rs. 7,013/-
TOTAL Rs. 3,45,000/-
NC: 2024:KHC:130
7. The Tribunal has taken the monthly income at
Rs.11,000/- p.m., which is on the higher side. The
accident is caused in the year 2016, therefore, the
notional income is taken at Rs.9,500/- p.m., as per the
Notional Income Chart recognized by the Karnataka State
Legal Service Authority. The claimant has sustained
fracture of left femur and laceration on left knee. The
doctor has stated that the claimant has suffered functional
disability at 32% towards left lower limb, but the Tribunal
has taken only 10% as functional disability. The claimant
is working as an agriculturist and certainly fracture of
femur to the left leg hampers the agricultural work.
Therefore, it is just and proper to take functional disability
as 14% affecting the earning capacity of the claimant. The
claimant is aged 54 years as on the date of the accident,
therefore, the appropriate multiplier applicable is 11.
Therefore, compensation under the head loss of future
income due to disability is re-assessed and quantified as
follows:
NC: 2024:KHC:130
Rs.9,500/- x 14% x 11 x 12 =Rs.1,75,560/-
Accordingly, compensation of Rs.1,75,560/- is
awarded under the head loss of future income due to
disability.
8. The compensation of Rs.60,000/- is awarded
under the head injury, pain and suffering as against
Rs.50,000/- awarded by the Tribunal.
9. The compensation of Rs.96,787/- awarded by the
Tribunal under the head medical expenses is as per the
actual bills produced, which needs no interference. Hence,
it is kept in tact.
10. The compensation of Rs.30,000/- awarded by the
Tribunal under the head future medical expenses is found
to be just and proper. Hence, it is kept in tact.
NC: 2024:KHC:130
11. Further compensation of Rs.28,500/-
(Rs.9,500/- p.m. x 3 months) is awarded under the head
loss of income during laid up period for a period of three
months.
12. Further compensation of Rs.20,000/- is awarded
under the head incidental expenses such as food,
nourishment, conveyance, attendance charges,
transportation and follow-up treatment etc.
13. Thus, in all, the appellant/claimant is entitled to
total compensation under various heads as follows:
1 Pain and suffering Rs. 60,000/-
2 Medical expenses Rs. 96,787/- Kept in tact
3 Loss of income due to Rs.
1,75,560/-
disability
4 Loss of income during Rs.
28,500/-
laid up period
5 Future medical expenses Rs. 30,000/- Kept in tact
6 Incidental expenses such Rs.
as food, nourishment,
conveyance, attendance
20,000/-
charges, transportation
and follow-up treatment
etc
TOTAL Rs. 4,10,847/-
NC: 2024:KHC:130
14. The appellant/claimant has contributed 20%
of negligence towards the accident. Hence, the
appellant/claimant is entitled to only 80% of above
determined compensation. Thus, the appellant/claimant is
entitled to total compensation of Rs.3,28,678/- (80% of
Rs.4,10,847/-) as against the compensation amount
awarded by the Tribunal along with interest at the rate of
6% p.a., from the date of petition till realization, in
addition to what has been awarded by the Tribunal.
15. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award dated
08.08.2018 passed in MVC.No.200/2017 by III
Addl. District Judge and MACT, Hassan, is
modified.
iii. The appellant/claimant is entitled to total
compensation of Rs.3,28,678/- (80% of
Rs.4,10,847/-) as against the compensation
NC: 2024:KHC:130
amount awarded by the Tribunal along with
interest at the rate of 6% p.a., from the date of
petition till realization, in addition to what has
been awarded by the Tribunal.
iv. No order as to costs.
v. The appellant/claimant is not entitled for interest
for the delay period of 116 days in filing the
appeal.
vi. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal.
vii. Draw award accordingly.
Sd/-
JUDGE
PB
