Karnataka High Court
Vittal vs Madev And Anr on 10 January, 2024
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MFA No. 202507 of 2018
C/W MFA No. 202508 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. 202507 OF 2018 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 202508 OF 2018 (MV-I)
IN MFA NO. 202507/2018:-
BETWEEN:
VITTAL S/O GANAPATI CHAVAN
AGE: 39 YEARS, OCC: DRIVER,
R/O. JALAGER, LT,
TQ AND DIST.VIJAYAPUR - 586101.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. MADEV S/O DHULU KHARATH
Digitally signed AGE: MAJOR, OCC: BUSINESS,
by KHAJAAMEEN
L MALAGHAN R/O. KARADE DODDI ARAKERI,
Location: High TQ AND DIST.VIJAYAPUR - 586101.
Court of
Karnataka
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
SANGAM BUILDING P.B.NO.60,
S.S.FRONT RAOD,
VIJAYAPUR - 586101.
...RESPONDENTS
(BY SRI. SANJAY M. JOSHI, ADV. FOR R2;
V/O DATED 16.03.2021 NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 202507 of 2018
C/W MFA No. 202508 of 2018
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT,
PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE
TO THE APPELLANT BY SUITABLY MODIFYING THE JUDGMENT
AND AWARD DATED 20.03.2018 PASSED BY THE COURT OF
THE IV ADDL. DIST. JUDGE AND MACT-XIII AT VIJAYAPUR IN
MVC NO.953/2016 AND ETC.,
IN MFA NO. 202508/2018:-
BETWEEN:
SAGAR S/O SUBHASH PAWAR
AGE: 20 YEARS, OCC: COOLIE,
R/O. JALAGERI, LT,
TQ AND DIST.VIJAYAPUR - 586101.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. MADEV S/O DHULU KHARATH
AGE: MAJOR, OCC: BUSINESS,
R/O. KARADE DODDI ARAKERI,
TQ AND DIST.VIJAYAPUR - 586101.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
SANGAM BUILDING P.B.NO.60,
S.S.FRONT RAOD,
VIJAYAPUR - 586101.
...RESPONDENTS
(BY SRI. MANVENDRA REDDY, ADV. FOR R2;
V/O DATED 19.4.2022 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE
TO THE APPELLANT BY SUITABLY MODIFYING THE JUDGMENT
AND AWARD DATED 20.03.2018 PASSED BY THE COURT OF
THE IV ADDL. DIST. JUDGE AND MACT-XIII AT VIJAYAPUR IN
MVC NO.955/2016 AND ETC.,
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 202507 of 2018
C/W MFA No. 202508 of 2018
JUDGMENT
The MFA.No.202507/2018 is filed by the claimant
aggrieved by the judgment and award passed in
M.V.C.No.953/2016, on the file of the IV Additional District
Judge and MACT-XIII, at Vijayapur, dated 20.03.2018,
whereby the Tribunal granted an amount of
Rs.04,02,000/- as compensation.
02. The MFA.No.202508/2018 is filed by the
claimant aggrieved by the judgment and award passed in
M.V.C.No.955/2016, on the file of the IV Additional District
Judge and MACT-XIII, at Vijayapur, dated 20.03.2018,
whereby the Tribunal granted an amount of Rs.59,000/-
as compensation / granted meager amount of
compensation.
03. The above two MVC's are disposed of by a
common order by the Court below, this Court is also
disposing of these two appeals by way of a common
judgment.
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04. MFA.No.202507/2018 is arising out of
MVC.No.953/2016. The claim petition was filed seeking
compensation of an amount of Rs.7,20,000/- for the
injuries sustained by the claimant in the accident.
05. It is the case of the claimant that he is working
as a driver, aged 37 years and earning an amount of
Rs.10,000/- per month. As per the wound certificate, the
claimant had sustained close displaced, fracture of right
proximal tibia with establish compartment syndrome
secondary to poplitel artrary injury. As per the opinion of
the doctor, the said injuries are grievous in nature. Then
coming to the disability, the doctor had deposed that the
claimant had sustained 25% to 30% of disability. The
evidence of the said doctor is disbelieved by the Tribunal,
as the fracture is united. As the evidence of the doctor was
not clear, the Tribunal has not granted any compensation
towards loss of future income. Accordingly, the following
compensation is granted by the Tribunal:-
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Sl. Heads Compensation
No. Awarded
1. Medical Expenses Rs.3,00,000/-
2. Pain and sufferings Rs.50,000/-
3. Loss of amenities Rs.20,000/-
4. Loss of income during bed Rs.20,000/-
ridden period
5. Attendant charges Rs.12,000/-
Total Rs.4,02,000/-
06. The learned counsel for the claimant submits
that when the doctor had deposed that there is a disability
of 25% to 30% and as he is a driver and he would have an
impact on his future earning, the Tribunal ought to have
granted the compensation under the head of loss of future
income. It is submitted that considering the injuries
sustained, hospitalization and the recovery, the amounts
were granted by the Tribunal on all other heads are not
just and reasonable compensation.
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07. The learned counsel for the respondent -
insurance company submits that the Tribunal had rightly
not considered the disability as stated by the doctor. The
Tribunal has observed that the doctor, who examined, was
not a treated doctor and the particular doctor who was
examined was appearing before the Court in all the cases
and rightly not considered the disability. It is submitted
that on all the counts, the amount was granted by the
Tribunal are just and reasonable and no interference is
called for, with the well considered award passed by the
Tribunal.
08. Having heard the learned counsel for either
side, perused the entire material on record.
09. In this case, the claimant had sustained one
grievous injury. The Tribunal had rightly granted an
amount Rs.50,000/- under the head of pain and
suffering and no interference is called for. When it comes
to the medical expenses an amount of Rs.3,25,183/- is
claimed as medical bills. The Tribunal has not considered
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the bills at Sl.No.17 to 20, 109, 161 and 162 and held that
there is no clarity in the said medical bills and accordingly,
an amount of Rs.25,000/- was not considered and granted
an amount of Rs.3,00,000/- towards medical
expenses. This Court has perused the award and the
findings, in the considered opinion of this Court, the
Tribunal rightly not granted an amount of Rs.25,000/- and
no interference is called for. Then coming to the disability,
doctor gave evidence that the fracture is united. He has
not stated how the injuries sustained by the claimant is
coming in his way for discharging his duties and how it will
have an impact on his future earning, the evidence of the
doctor is not trustworthy. The Tribunal had rightly
disbelieved his evidence and not taken the disability.
However, under the head of loss of amenities, this Court
is granting an amount of Rs.30,000/-. He was in the
hospital for 42 days, this Court is granting the
compensation under the head of attendant,
nourishment and transportation charges an amount
of Rs.30,000/-. Coming to the loss of income during the
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laid up period, according to the claimant, he is a driver
and earning an amount of Rs.10,000/- per month.
Considering the fact that the accident is of the year 2016,
as per the chart prepared by the Karnataka State Legal
Services Authority, this Court is taking the income of the
claimant at Rs.8,750/- per month x 3 = Rs.26,250/-.
Hence, this Court is granting compensation under the head
of loss of income during the laid up period at
Rs.26,250/-. As per the evidence, there are implants
inside, for removal of the same, no amount was granted
by the Tribunal. This Court is granting an amount of
Rs.15,000/- towards future medical expenses.
10. 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
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Sl. Heads Compensation Compensation
Awarded by the Awarded by
No. Tribunal this Court
01. Medical Expenses Rs.3,00,000/- Rs.3,00,000/-
02. Pain and sufferings Rs.50,000/- Rs.50,000/-
03. Loss of amenities Rs.20,000/- Rs.30,000/-
04. Loss of income Rs.20,000/- Rs.26,250/-
during bed ridden
period
05. Attendant charges Rs.12,000/- Rs.30,000/-
06. Legal Expenses - Rs.10,000/-
07. Future Medical - Rs.15,000/-
expenses
Total Rs.4,02,000/- Rs.4,61,250/-
11. MFA.No.202508/2018 is arising out of
MVC.No.955/2016. The claim petition is filed seeking
compensation of an amount of Rs.8,20,000/- for the
injuries sustained by the claimant in the accident.
12. It is the case of the claimant that he is working
as coolie and earning an amount of Rs.10,000/- per
month. As per the Ex.P.15 the wound certificate he had
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sustained closed commuted minimally displaced fracture
right proximal tibia, without DNVD, abrasion over the left
knee measuring 3 x 3 cms, CLW over dorsum of right foot
measuring 5 x 3 x 1 cms and abrasion over the left knee
measuring 2 x 2 cms. As per the opinion of the doctor one
is the grievous injury and others are simple in nature. In
this case, the very same doctor has given certificate
stating that the claimant had sustained 25% disability. In
this case also the fracture is united, the Tribunal has
disbelieved the evidence of the doctor and granted the
compensation under the following heads:-
Sl. Heads Compensation
No. Awarded
1. Medical Expenses Rs.23,000/-
2. Pain and sufferings Rs.25,000/-
3. Loss of amenities Rs.10,000/-
4. Attendant Charges Rs.01,000/-
Total Rs.59,000/-
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13. The learned counsel appearing for the claimant
submits that the Tribunal ought to have considered the
evidence of the doctor and ought to have taken 25%
disability to the whole body, as he is a agricultural labour,
it would have lot of an impact on his future earnings. Even
under the other head of loss of income during the laid up
period no amount was granted. It is submitted that
towards loss of amenities, attendant and other accidental
expenses, the amounts were granted by the Tribunal were
not just and reasonable.
14. Having heard the learned counsel for either
side, perused the entire material on record.
15. In this case, the claimant had sustained one
fracture injury. Considering the same, this Court is
granting an amount of Rs.40,000/- towards pain and
suffering. The Tribunal has rightly granted the amount
under the head of medical expenses and no interference is
called for. Then coming to the disability, as discussed by
this Court in the above said paragraphs, the same doctor
had given evidence, who is not a treated doctor and as his
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evidence is not trustworthy. The Tribunal had not taken
the disability into consideration. Considering the injuries,
this Court is granting an amount of Rs.20,000/- towards
the loss of amenities. Under the head of attendant,
nourishment and transportation charges this Court is
granting an amount of Rs.5,000/-. Then coming to the
loss of income during the laid up period, according to
claimant, he is the driver and earning an amount of
Rs.10,000/-. Considering that accident is of the year 2016,
as per chart prepared by the Karnataka State Legal
Services Authority, this Court is taking income of the
claimant at Rs.8,750/- per month x 3 = Rs.26,250/-.
Hence, this Court is granting compensation under the head
of loss of income during the laid up period at
Rs.26,250/-.
16. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, 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
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Sl. Heads Compensation Compensation
Awarded by the Awarded by
No. Tribunal this Court
01. Medical Expenses Rs.23,000/- Rs.23,000/-
02. Pain and sufferings Rs.25,000/- Rs.40,000/-
03. Loss of amenities Rs.10,000/- Rs.20,000/-
04. Attendant Charges Rs.01,000/- Rs.5,000/-
05. Loss of income - Rs.26,250/-
during laid up
period
06. Legal Expenses - Rs.10,000/-
Total Rs.59,000/- Rs.1,24,250/-
17. Accordingly, the appeal filed by the claimant in
MFA.No.202507/2018 is Allowed-in-part by enhancing
the compensation amount from an amount of
Rs.4,02,000/- to Rs.4,61,250/-.
18. Accordingly, the appeal filed by the claimant in
MFA.No.202507/2018 is Allowed-in-part by enhancing
the compensation amount from an amount of
Rs.59,000/- to Rs.1,24,250/-.
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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.
The claimants are not entitled for interest for the
period of delay in filing the appeals.
Sd/-
Judge
KJJ
CT:VD
