Karnataka High Court
Renukamma W/O Basavantappa Angadi vs Rafi Ahamed S/O Mahaboobasab Timmapur on 2 July, 2024
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NC: 2024:KHC-D:9032
MFA No. 100369 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 100369 OF 2017 (MV-I)
BETWEEN:
SMT. RENUKAMMA W/O. BASAVANTAPPA ANGADI,
AGED ABOUT 30 YEARS, OCC: VEGETABLE VENDOR,
R/O. TALIYAL NOW AT MITTALKODA,
TQ: KUSHTAGI, DIST: KOPPAL.
...APPELLANT
(BY SRI. A. B. PATIL, ADVOCATE)
AND:
1. SRI. RAFI AHAMED S/O. MAHABOOBASAB TIMMAPUR,
AGE: MAJOR, OCC: DRIVER,
R/O: RAMPUR, (BEHIND-OP), TQ & DIST: BAGALKOT.
2. SRI. RANGAPPA S/O. HANUMAPPA MUCHALAGUDDA,
AGED ABOUT MAJOR, OCC: OWNER OF THE
OFFENDING VEHICLE BEARING NO.KA-29/8753,
R/O: YARAGOPPA S.B, TQ: BADAMI, DIST: BAGALKOT.
Digitally signed
by MANJANNA 3. THE MANAGER,
E
IFFCO-TOKIO, GENERAL INSURNCE CO. LTD,
Location: HIGH
COURT OF BHAVI ARCHEDA, NEAR BASAVESHWARA CIRCLE,
KARNATAKA NEW-COTTON MARKET, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. SUBHASH J. BADDI, ADV. FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 SERVED)
THIS MFA IS FILED U/S.173(1) OF THE M.V. ACT, PRAYING TO
ALLOW THIS APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT
AND AWARD DTD: 20/08/2016, PASSED BY THE SENIOR CIVIL
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NC: 2024:KHC-D:9032
MFA No. 100369 of 2017
JUDGE AND M.A.C.T, AT: KUSHTAGI, IN M.V.C NO.10/2015, BY
ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Heard learned counsel for the appellant and
respondents on admission. With the consent of learned
counsel for the parties, the matter is taken up for final
disposal at the admission stage itself.
2. This appeal is filed by the claimant aggrieved by
the judgment and award dated 20.08.2016 passed in MVC
No.10/2015 on the file of Senior Civil Judge and Motor
Accident Claims Tribunal, Kushtagi, (for short 'the
Tribunal'), whereby the Tribunal awarded a compensation
of Rs.40,436/- to the claimant.
3. For the sake of convenience, the parties are
referred to as they are referred to in the claim petition
before the Tribunal.
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4. The claim petition was filed seeking
compensation on account of injuries suffered by the
claimant in the road traffic accident that took place on
01.03.2008 at about 7.45 p.m. when the claimant-
Renukawwa W/o Ramanna Byali and Renukamma W/o
Basavantappa Angadi, were waiting for vehicle to go to
their village. At that time, the driver of the offending
vehicle bearing registered No.KA-29/8753 came in a rash
and negligent manner and dashed to the claimant and
another. Due to the said impact, they sustained grievous
injuries. Immediately, they were shifted to Kerudi Hospital
Bagalkot, where they were took treatment as inpatient. The
first informant lodged the complaint. This leads to
registration of FIR and investigation.
5. The tribunal considering the evidence on record
at Exs-P.1 to P.22 and oral evidence of PWs.1 and 2,
granted compensation of Rs.40,436/- to the claimant.
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6. Learned counsel for the appellant/claimant
submits that the tribunal has failed to consider the injuries
sustained by the claimant and the amount that was spent
towards treatment. The injuries sustained by the claimant
are grievous in nature, but the tribunal has failed to grant
reasonable amount for the said injuries. He further
submitted that the compensation that was granted by the
tribunal was not just and reasonable one and the tribunal
has not granted fair compensation on the heads 'pain and
suffering', 'loss of income during laid up period', 'future
medical expenses', 'loss of future income' and 'loss of
amenities'. Hence, he prayed to allow the appeal.
7. Learned counsel for respondent No.3/Insurance
Company submits that the Tribunal considering the medical
evidence as well as oral evidence and other aspects has
granted reasonable compensation to the claimant. He
submitted that no grounds are made out seeking for
enhancement of compensation.
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8. As there is no dispute regarding the injuries
sustained by the claimant in the road traffic accident that
occurred on 01.03.2008 due to rash and negligent driving
by the driver of the offending vehicle bearing registered
No.KA-29/8753 by its driver and liability of the insurer of
the offending vehicle, the only point that arises for Court's
consideration in the appeal is:-
"Whether the quantum of compensation awarded
by the tribunal is just and proper or does it call for
interference for enhancement?
9. After hearing the learned counsel appearing for
the parties and perusing the judgment and award of the
tribunal, I am of the view that the compensation awarded
by the tribunal is not just and reasonable, it is on the lower
side and hence, it requires to be enhanced.
10. As per Ex-P.15-wound certificate, the claimant
sustained the following injuries:-
1. Lacerated Wound 2 ½ cm. Upper lip.
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2. Abrasion over left Maxillery.
3. Abrasion over right hand.
4. Undisplaced Fracture Scapulea Right wrist.
11. As per the opinion of the Doctor, injuries Nos.1
to 3 are simple in nature and injury No.4 is grievous in
nature. The claimant was treated as inpatient from
01.03.2008 till 15.03.2008 i.e., for a period of 15 days. The
injuries sustained and the treatment taken by the claimant
is also supported by the oral evidence of claimant and also
supported by the documentary evidence of Ex.P.15-Wound
certificate.
12. In this case, the Tribunal has observed that the
claimant has sustained three simple injuries. For one
grievous injury, as per the settled law, the claimant is
entitled for a sum of Rs.40,000/- and additional fracture,
she is entitled for a sum Rs.10,000/-. For simple injury,
the claimant is entitled for Rs.5,000/-. Therefore, the
claimant is entitled for Rs.55,000/- under the head 'pain
and sufferings'.
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13. The Tribunal has not awarded any
compensation towards 'loss of income during laid up
period'. The nature of injuries suggest that she must have
been under rest and treatment for a period of three months
and therefore, a sum of Rs.12,750/- (Rs.4,250/- x 3) is
awarded under the said head, considering the notional
income at the rate of Rs.4,250/- per month, in view of
circular issued by Karnataka State Legal Services Authority,
Bengaluru.
14. The Tribunal has awarded a sum of Rs.5,436/-
towards 'medical expenses', which is reasonable amount
and no interference in that regard is called for by this
Court.
15. The Tribunal has not awarded any
compensation under the head 'food, Conveyance,
Nourishment and Attendant Charges' etc. Hence, a sum of
Rs.10,000/- is granted under said head.
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16. The Tribunal has not awarded any
compensation under the head 'loss of amenities'. Hence, a
sum of Rs.10,000/- is granted under said head.
17. Thus, the claimant is entitled for the following
compensation:-
Sl.
Compensation
No Description
awarded by
.
1 Pain and sufferings 55,000/-
2 Loss of income during laid up
period 12,750/-
3 Medical Expenses 5,436/-
4 Food and nourishment,
attendant charges and
Traveling expenses 10,000/-
7 Loss of amenities 10,000/-
Total 93,186/-
Less : compensation awarded by the
Tribunal 40,436/-
Enhanced by this Court 52,750/-
18. The claimant is entitled to a total compensation
of Rs.93,186/- as against Rs.40,436/- awarded by the
tribunal. Accordingly, I pass the following:
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ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award dated 20.08.2016
passed by Senior Civil Judge and Motor
Accident Claims Tribunal, Kushtagi, in MVC
No.10/2015 is modified to the extent stated
hereinabove.
iii. The claimant is entitled for an additional
enhanced compensation of Rs.52,750/-
with interest at 6% p.a. from the date of
filing of the claim petition till the date of its
realization.
iv. Respondent - Insurance Company shall
deposit the enhanced compensation together
with interest within a period of four weeks
from the date of receipt of copy of the
judgment.
v. The apportionment and disbursement of the
enhanced compensation shall be as per the
order of the tribunal.
vi. Draw the modified award accordingly.
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vii. Registry to transmit a copy of this judgment
to the concerned Tribunal, along with its
records.
viii. No order as to costs.
Sd/-
JUDGE
AC/ct-an
