Karnataka High Court
Santoshkumar vs Managing Director on 10 January, 2024
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NC: 2024:KHC-K:412
MFA No. 202346 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.202346 OF 2018 (MV-D)
BETWEEN:
SANTOSHKUMAR
S/O JAIPRAKASH KALYANI
AGE: 36 YEARS, OCC: SALES OFFICER ING
VYSYA LIFE INSURANCE CO. LTD,
R/O. PLOT NO.74, ALAND COLONY,
BHAVANI NAGAR, KALABURAGI.
...APPELLANT
(BY SMT. SHARADA PATIL, ADVOCATE)
AND:
MANAGING DIRECTOR, NEKRTC
SARIGE SADAN OFFICER OPP:KBN HOSPITAL
KALABURAGI-585102.
Digitally signed
by ...RESPONDENT
KHAJAAMEEN L (BY SRI. DEEPAK V. BARAD, ADVOCATE)
MALAGHAN
Location: High THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
Court of
Karnataka ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND
CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND
AWARD PASSED BY III ADDL. SENIOR CIVIL JUDGE AND MACT
KALABURAGI IN MVC.NO.116/2015 DATED-18.04.2017 AND
CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION SUITABLY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:412
MFA No. 202346 of 2018
JUDGMENT
This Appeal is filed by the claimant aggrieved by
the judgment and award passed in M.V.C.No.116/2015, on
the file of the III Additional Senior Civil Judge and MACT,
at Kalaburagi, dated 18.04.2017, whereby the Tribunal
granted an amount of Rs.3,60,000/- as compensation.
02. The claim petition was filed seeking
compensation of an amount of Rs.16,00,000/-. According
to the claimant, he is working as Sales Officer Grade-II in
ING Vyasa Bank and earning an amount of Rs.12,000/-
per month. The Tribunal considering Ex.P.11 i.e., the
salary slip for an amount of Rs.10,704/- per month,
rounded of the same and taken Rs.11,000/- per month as
a salary. As per the evidence, he had sustained grievous
injuries in the accident, due to the rash and negligent
driving of the driver of the Bus. According to the doctor
there is disability of 30% to the whole body. The claimant
had produced x-ray report as Ex.P.102. As per the same,
NC: 2024:KHC-K:412
there is old malunited supra condylar fracture left humerus
with internal fixation plate and screws seen in suit.
According to the doctor he has sustained 30% disability to
the whole body. The Court had observed that 30% is on
the higher side and considered as 10% disability to the
whole body and granted the compensation under the
following heads:-
Sl. Heads Compensation
No. Awarded
1. Towards pain and suffering Rs.30,000/-
2. Towards future income Rs.2,11,20/-
3. Towards Medical Expenses Rs.65,387/-
4. Towards attendant's charges, Rs.10,000/-
food and conveyance
5. Towards loss of amenities and Rs.10,000/-
nutrition food
Towards loss of income during
6. Rs.33,000/-
the period of treatment
Total Rs.3,59,587/-
Rounded off Rs.3,60,000/-
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03. The learned counsel for the claimant submits
that as per the evidence of the doctor, because of the
injuries sustained by the claimant and operation
conducted, there is a shortening of 03 cms of the left
hand. That aspect was not considered by the Tribunal. The
doctor had rightly given the disability certificate stating
that the claimant had sustained 30% disability to the
whole body, but the Tribunal has taken 1/3rd which was
not correct. It is submitted that under the head of pain
and suffering and other heads, the compensation that was
awarded by the Tribunal was not just and reasonable.
04. The learned counsel for the respondent -
insurance company submits that the Tribunal had rightly
granted the compensation. It is submitted that the doctor
had given the disability certificate following the procedure
for calculating the same and given finding that it is 30%
disability. The Court had rightly taken 10% disability. It is
further submits that no grounds are made out for
enhancement of the compensation.
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05. Having heard the learned counsel for either
side, perused the entire material on record.
06. In this case the claimant had sustained the
fracture to the left hand. He has underwent operation by
inserting the implants. As rightly argued by the learned
counsel for the respondent - insurance company that the
doctor has given the disability certificate stating that the
claimant had sustained 30% disability to the whole body,
there was no calculation on what basis he has come to
such conclusion, but at the same time, the Court cannot
loose side of the fact that there is a shortening of left hand
by 03 cms. Considering this aspect, this Court incline to
take the disability at 15% to the whole body. The Tribunal
has already taken the income at Rs.11,000/- per month.
Hence, under the head of loss of future income
Rs.11,000/- x 12 x 16 x 15/100 = Rs.3,16,800/-. Under
the head of pain and suffering considering the grievous
injuries and there is a shortening of the hand, this Court is
granting an amount of Rs.50,000/-. Towards medical
expenses, the Tribunal basing on evidence, has rightly
granted the compensation and no grounds are made out
NC: 2024:KHC-K:412
for enhancement of the same. Towards attendant's
charges, food and conveyance, this Court is granting
an amount of Rs.15,000/-. The Tribunal had granted the
compensation under the head of loss of amenities an
amount of Rs.10,000/-. Considering the shortening of the
hand, under the head of loss of amenities, this Court is
granting an amount of Rs.30,000/-. Under the head of
loss of income during the laid up period the Tribunal had
rightly granted the compensation and no interference is
called for. When it comes to the future medical expenses,
no compensation was awarded by the Tribunal. Even as
per the evidence, there are implants inside. This Court is
granting an amount of Rs.15,000/- under the head of
future medical expenses.
07. 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, claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
Altogether claimant is entitled for compensation as
under:-
(2014) 11 SCC 178
NC: 2024:KHC-K:412
Sl. Heads Compensation Compensation
Awarded by the Awarded by
No. Tribunal this Court
01. Towards pain and Rs.30,000/- Rs.50,000/-
suffering
02. Towards future Rs.2,11,200/- Rs.3,16,800/-
income
03. Towards Medical Rs.65,387/-
Rs.65,387/-
Expenses
04. Towards Rs.10,000/- Rs.15,000/-
attendant's
charges, food and
conveyance
05. Towards loss of Rs.10,000/- Rs.30,000/-
amenities and
nutrition food
06. Towards loss of
income during the Rs.33,000/-
Rs.33,000/-
period of treatment
07. Towards Legal Rs.10,000/-
-
Expenses
08. Future Medical Rs.15,000/-
Rs.15,000/-
Expenses
Total Rs.3,59,587/- Rs.5,35,187/-
Rounded off Rs.3,60,000/- Rs.5,35,000/-
08. Accordingly, the appeal filed by the claimant is
Allowed-in-part by enhancing the compensation amount
from an amount of Rs.3,60,000/- to Rs.5,35,000/-.
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(a) The enhanced amount shall carry interest @ 6% per
annum from the date of petition, till the date of
realization.
(b) Respondent-Insurance Company shall deposit the
said compensation amount with accrued interest
before the Tribunal within a period of 8 (Eight)
weeks.
(c) The Registry is directed to return the Trial Court
Record to the Tribunal along with the certified copy of
the order passed by this court forthwith without any
delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
This Court by an order dated 17.08.2023 has
condoned the delay of 475 days in filing the appeal on the
condition that the claimant will not be entitled for the
interest. Hence, the claimant is not entitled for interest for
the period 475 days delay in filing the appeal.
Sd/-
Judge
KJJ
CT:VD
