Karnataka High Court
B. C. Sachin vs M. P. Kumar on 9 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:1355
MFA No. 5826 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.5826 OF 2019 (MV-I)
BETWEEN:
B. C. SACHIN
S/O. CHIKKALINGAIAH,
23 YEARS,
R/O. HOSABUDANUR VILLAGE,
MANDYA TALUK,
MANDYA DISTRICT - 571 401.
...APPELLANT
(BY SRI. RAJA L, ADVOCATE)
AND:
1. M. P. KUMAR
S/O. PAPANNA,
MAJOR,
R/O. #2216, 10TH CROSS,
KALLAHALLI, MANDYA - 571 401.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
Digitally signed by
RAMYA D M.C. ROAD, MANDYA - 571 401.
Location: HIGH COURT ...RESPONDENTS
OF KARNATAKA
(BY SRI. K.N. SRINIVAS, ADVOCATE FOR R2;
R1- NOTICE SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.04.2019 PASSED IN MVC
NO. 1558/2016 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND MACT, MANDYA, 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:
-2-
NC: 2024:KHC:1355
MFA No. 5826 of 2019
JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded by the II Addl.
Senior Civil Judge and MACT, Mandya, by judgment and
award dated 15.04.2019 in MVC No.1558/2016.
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. The learned counsel for the appellant/claimant
submitted that the quantum of compensation awarded
under various heads is on lesser side. Therefore, seeks for
enhancement of the compensation.
5. On the other hand, learned counsel appearing
for the second respondent/insurance company submits
that the Tribunal is justified in passing the impugned
judgment and award and there is no ground for
NC: 2024:KHC:1355
enhancement. Thus, the compensation amount as
awarded by the Tribunal is sufficient and adequate.
6. From the medical records on record it is proved
that the claimant has suffered following injuries:
(a) Deformity over mid 1/3rd leg.
(b) Puncture wound over the mid leg (c) active
bleeding.
(c) No dental neurovascular
(d) Fractured wound over m/3 of left leg
(e) Type 1 compound fracture tibia m/3
(f) X-ray shows shaft of tibia and fibula
7. The Tribunal has awarded compensation as
follows:
1. Pain and suffering Rs.10,000/-
2. Medical expenses and future medical
expenses Rs.59,091/-
3. Attendant charges, conveyance,
nursing care, nourishment and
towards other incidental expenses
Rs.6,000/-
4. Loss of income during laid down
period Rs.8,000/-
5. Towards loss of future income due
to permanent disability Rs.86,400/-
6. Physical disability affecting future
amenities Rs.10,000/-
Total RS.1,79,491/-
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8. 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.
9. The Tribunal has awarded compensation of
Rs.10,000/- towards 'pain and suffering'. The claimant
has suffered physical disability of left leg and was
hospitalized from 07.09.2016 to 10.09.2016. Therefore,
compensation of Rs.40,000/- is awarded under the head
'pain and suffering'.
10. The alleged accident has occurred on
07.09.2016 and the Tribunal has taken the notional
income of the claimant at Rs.8,000/- per month. As per
the provisions of KSLSA, the notional income for the
accidents of the year 2016 is ought to be taken at
Rs.9,500/- per month. The doctor has stated that
claimant has suffered 29% physical disability to particular
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limb and 9.6% disability to whole body, which is rounded
off to 10%. The claimant was aged 25 years at the time
of accident, as such the appropriate multiplier applicable is
'18'. Therefore, 'loss of future income due to disability' is
reassessed as under:
Rs.9,500/- x 12 x 18 x 10% = Rs.2,05,200/-
Thus, the claimant is entitled for compensation of
Rs.2,05,200/- under the head 'loss of future income due to
disability'.
11. Further, the Tribunal has awarded
compensation of Rs.59,091/- under the head 'medical
expenses and future 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 a sum of
Rs.6,000/- towards food, nourishment and attendant
charges, which is on lower side and needs to be enhanced.
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Therefore, compensation of Rs.16,000/- is awarded under
the head 'food, nourishment and attendant charges'.
13. Further, the Tribunal has awarded a sum of
Rs.8,000/- towards 'loss of income during laid up period',
which is on lower side and needs enhancement.
Therefore, compensation of Rs.28,500/- (Rs.9,500/- x 3)
is awarded under the head 'loss of income during laid up
period' for 3 months.
14. Thus, in all, the appellant/claimant is entitled
for total compensation under various heads as follows:
Sl. By the By this
Particulars Rs.
No. Tribunal Court
1. Pain and suffering Rs. 10,000/- 40,000/-
2. Medical expenses and
future medical expenses Rs. 59,091/- 59,091/-
3. Attendant charges,
conveyance, nursing
care, nourishment and
towards other incidental
expenses Rs. 6,000/- 16,000/-
4. Loss of income during
laid down period Rs. 8,000/- 28,500/-
5. Towards loss of future
income due to
permanent disability Rs. 86,400/- 2,05,200/-
Total Rs. 1,69,491/- 3,48,791/-
NC: 2024:KHC:1355
15. The Tribunal has awarded compensation of
Rs.1,69,491/-, but the appellant/claimant is entitled to
total compensation of Rs.3,48,791/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,79,300/- (Rs.3,48,791/- - Rs.1,69,491/-). Therefore,
the appellant/claimant is entitled to enhanced
compensation of Rs.1,79,300/- 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 15.04.2019 in MVC No.1558/2016
passed by the II Addl. Senior Civil Judge
& MACT, Mandya, is modified to the
extent that the appellant/claimant is
entitled to enhanced compensation of
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Rs.1,79,300/- 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.
(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) No order as to costs.
(v) Draw award accordingly.
Sd/-
JUDGE
DR
