Karnataka High Court
Basavaraj S/O Udanappa Humanna vs M/S Ganesh Tours And Travels And Anr on 9 January, 2024
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NC: 2024:KHC-K:392
MFA No. 200807 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.200807/2017(MV-I)
BETWEEN:
BASAVRAJ S/O UDANAPPA HUMANNA
AGE: 32 YEARS, OCC: SKILLED LABOURER,
R/O. TELLUR, TQ. AFZALPUR,
DIST.KALABURAGI-585301.
...APPELLANT
(BY SRI MAHADEV S. PATIL, ADVOCATE)
AND:
Digitally signed
by 1. M/S. GANESH TOURS AND TRAVELS
KHAJAAMEEN L OCC: OWNER OF THE VEHICLE I.E., MAHENDRA
MALAGHAN
XELO E4 BEARING NO.MH-12/FZ-1927,
Location: High
Court of R/O. S.R.NO.41/16, NEAR PUSHPA DEVI DUGAD
Karnataka SCHOOL, JAIN MANDIR KATRAJ AMBEGAON,
PUNE (MAHARASHTRA) - 411046.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LTD.,
DR. JAWALI COMPLEX, SUPER MARKET,
KALABURAGI-585104.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADV., FOR R2;
R1 - V/O DATED 11.02.2020 NOTICE DISPENSED WITH)
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NC: 2024:KHC-K:392
MFA No. 200807 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT, PRAYING TO CALL
FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD
PASSED BY III ADDL. SENIOR CIVIL JUDGE AND MACT,
AT KALABURAGI, IN M.V.C. NO.186/2013 DATED
09.10.2014.
THIS APPEAL COMING ON FOR DISMISSAL, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Appeal is filed by the claimant aggrieved by the
judgment and award passed in M.V.C. No.186/2013 by the
III Additional Senior Civil Judge and Member, M.A.C.T.,
Gulbarga, dated 09.10.2014, seeking enhancement of the
compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.13,86,300/-, on account
of the injuries suffered by the claimant in the motor
vehicle accident. It is the case of the claimant that he was
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working as labourer and earning an amount of Rs.10,000/-
per month and Tribunal had taken income at Rs.6,000/-
per month. According to the Doctor, the claimant had
suffered 25% disability to the limb and the Tribunal had
taken at 10% and granted the compensation of an amount
of Rs.2,29,097/- as per the following heads:
Heads Compensation
Awarded
1 Pain and suffering : Rs. 30,000/-
2 Loss of amenities and : Rs. 10,000/-
enjoyment in life
3 Loss of future income : Rs. 1,15,200/-
4 Medical expenses and
: Rs. 50,397/-
incidental charges
5 Attendant's charges, food, : Rs. 5,500/-
nourishment and
conveyance expenses
Loss of income during laid
6 : Rs. 18,000/-
up period of treatment
TOTAL : Rs. 2,29,097
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3. Learned counsel appearing for the claimant
submits that since the accident is of the year 2012 the
Tribunal ought to have taken income at Rs.6,500/- per
month. Though, the Doctor opined that claimant required
Rs.35,000/- for future medical expenses, no amount is
awarded by the Tribunal. The claimant was in hospital for
12 days and the Tribunal had granted only Rs.5,500/-
towards attendant's charges, food, nourishment and
conveyance expenses. It is submitted that the
compensation awarded under all heads is not reasonable.
4. Learned counsel appearing for the Insurance
Company submits that the Tribunal rightly granted the
compensation and no grounds are made out for
enhancement of the compensation.
5. Having heard the learned counsels on either
side, perused the material on record.
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6. The accident is of the year 2012. According to
the claimant he was earning Rs.10,000/- per month.
Though there is no evidence, considering the year of
accident this Court is taking income at Rs.6,500/- per
month. Accordingly, this Court is granting (Rs.6,500/- x
12 x 16 x 10/100) = 'Rs.1,24,800/-' under the head of
'loss of future income'.
7. Under the head of 'pain and suffering',
considering the injuries and fractures sustained by the
claimant, this Court is granting an amount of
'Rs.40,000/-'. The compensation under the head of
'Medical expenses' is rightly granted by the Tribunal
basing on the evidence, and no interference is called for.
8. Towards 'attendant charges, food,
nourishment and conveyance expenses', considering
that the claimant was hospitalized for 12 days, this Court
is granting an amount of 'Rs.15,000/-'. Coming to the
head of 'loss of income during laid up period',
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considering the injuries and the treatment undergone by
the claimant, three months salary (Rs.6,500/- x 3) i,e.,
'Rs.19,500/-' is granted.
9. Towards 'loss of amenities', considering 10%
disability this Court is granting an amount of
'Rs.20,000/-' under the said head. When there are
implants, it requires future operation for removal, but the
Tribunal has not granted any amount, hence, this Court is
granting an amount of 'Rs.15,000/-' towards 'future
medical expenses'.
10. 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.
11. The claimant is therefore, entitled to the
compensation under the following heads:
(2014) 11 SCC 178
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Heads Compensation
Awarded
1 Loss of income due to disability : Rs. 1,24,800/-
(6,500 x 12 x 16 x 10/100)
2 Pain and Sufferings : Rs. 40,000/-
Loss of Earning during laid up : Rs. 19,500/-
3 period
(Rs.6,500 x 3 )
4 Medical expenses (Kept In Tact) : Rs. 50,397/-
5 Attendant, food and conveyance : Rs. 15,000/-
6 Loss of Amenities & Future : Rs. 20,000/-
Discomfort
7 Future medical expenses : Rs. 15,000/-
Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 2,94,697/-
12. Accordingly, the Appeal is allowed-in-part,
enhancing the compensation amount from Rs.2,29,097/-
to Rs.2,94,697/-.
i) The enhanced amount shall carry interest
at 6% p.a., from the date of petition till the
date of realization.
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ii) The respondent - Insurance Company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of
the judgment. On such deposit, the
claimant is entitled to withdraw the entire
amount without furnishing any security.
iii) This Court by order dated 13.10.2022 had
condoned delay of 859 days in filing the
appeal on the condition that in the event of
enhancement, the claimant will not be
entitled for any interest for the said period.
Hence, the claimant is not entitled for
interest for 859 days.
iv) 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.
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v) No costs.
Pending I.As., if any, shall stand closed.
Sd/-
Judge
SBS
