Karnataka High Court
Padmavathi vs Moula Sab And Ors on 3 July, 2024
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MFA No. 203834 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3 RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO. 203834 OF 2023 (MV-I)
BETWEEN:
PADMAVATHI W/O JAMBAPPA,
AGE: 28 YEARS,
OCC: AGRICULTURE AND
COOLIE, NOW NIL,
R/O. BAIDODDI VILLAGE,
TQ. AND DIST. RAICHUR.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
Digitally signed by
SHIVALEELA 1. MOULA SAB S/O RAJA SAB,
DATTATRAYA AGE: 44 YEARS,
UDAGI
Location: HIGH OCC: DRIVER OF LORRY
COURT OF NO.KA-36/A-3247,
KARNATAKA
R/O. VENKAT RAYANA PETE,
MUDGAL, TQ. LINGASUGUR,
DIST. RAICHUR-584101.
2. KUNTANAL VENKATESH
S/O LAXMAIAH SHETTY
AGE: MAJOR, OCC: OWNER
OF LORRY NO.KA-36/A-3247,
R/O. H.NO. 70-61/1A, VASAVINAGAR,
RAICHUR-584101.
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MFA No. 203834 of 2023
3. THE BRANCH MANAGER
ROYAL SUNDARAM GENERAL
INSURANCE CO. LTD.,
PLOT NO. 3 AND 9, T.S. NO. 52,
WARD NO. 16,
1ST FLOOR, SPL COMPLEX,
DR. RAJKUMAR ROAD,
BALLARI-583101.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R3;
VIDE ORDER DATED 18.11.2023 NOTICE TO R1 AND R2 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
A) THE HON'BLE COURT BE PLEASED TO EXERCISE ITS
APPELLATE JURISDICTION, CALL FOR THE ENTIRE LOWER
COURT RECORDS AND MODIFY THE JUDGMENT AND AWARD
DATED 18-04-2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AND MACT AT RAICHUR IN MVC
NO.188/2022 BY ENHANCING THE COMPENSATION AMOUNT
AS PRAYED FOR. B) THE HON'BLE COURT BE PLEASED TO
HOLD THE RESPONDENTS NO. 1 to 3 JOINTLY AND SEVERALLY
LIABLE TO PAY THE ENHANCED COMPENSATION TO THE
APPELLANT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 203834 of 2023
JUDGMENT
This is claimant's appeal for enhancement of
compensation awarded by the Prl. Dist. & Sessions Judge
& MACT, Raichur (hereinafter referred to as 'the Tribunal'
for short) in MVC No.188/2022 dated 18.04.2023.
2. With consent of both the side, the matter is
taken up for final disposal, though it is slated for
admission.
3. For the sake of convenience, the parties are
referred to as per their ranks before the Tribunal.
4. Brief facts of the case are that on 17.02.2022
around 3:30 p.m. petitioner was going on the motorcycle
bearing Reg.No.MH-05/DV-1347 along with one
Narasimhalu, who was riding the said motorcycle. They
met with an accident, due to rash and negligent driving of
the lorry bearing Reg.No.KA-36/A-3247. As a result of
which, the claimant had sustained grievous injuries and
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while under going treatment his left leg below the knee
was amputed.
5. It is further case of the claimant that she was
aged about 27 years and she was coolie and earning
Rs.20,000/- per month. Due to injuries sustained in the
accident, she is unable to do any work and lost her
earning capacity. With these reasons, the claimant prayed
to award compensation.
6. Respondent No.3/insurer denied contents of the
claim petition and prayed for dismissal of the claim
petition.
7. From the rival contentions of both the parties,
the Tribunal had framed the necessary issues for its
determination.
8. The claimant to prove his case examined PWs.1
and 2 and got marked Exs.P1 to 11 and closed his
evidence. Respondents have not led any evidence.
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9. After hearing both the parties and appreciating
the evidence available on record, the Tribunal by its
impugned judgment, awarded the following amount of
compensation.
Sl No Heads Amount
1. Mental shock and agony Rs.50,000/-
2. Pain and suffering Rs.50,000/-
3. Medical attendant's conveyance Rs.30,000/-
and nourishment expenses
4. Loss of income during laid-up Rs.44,250/-
period
5. Loss of future income Rs.16,54,950/-
6. Loss of life amenities & pleasure Rs.50,000/-
7. Medical expenses Rs.2,07,500/-
8. Dis-figuration Rs.50,000/-
9. Loss of expectation of life Rs.50,000/-
10. For artificial limb Rs.2,50,000/-
Total Rs.24,36,700/-
10. Heard arguments of learned counsel for the
appellant and respondent No.3.
11. The learned counsel for the appellant submits
that the Tribunal has not considered the petitioner has
been suffering from permanent disability to an extent of
100%. PW.2 in his evidence has stated that claimant has
been suffering from permanent disability to an extent of
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55% to the whole body. PW2 has stated functional
disability. When it is considered with occupational
disability, it would be more than the evidence of PW.2.
The amount of compensation awarded under other heads
is also on the lower side. Therefore, prayed for
enhancement of compensation.
12. The learned counsel for respondent No.3
supported the impugned judgment and submitted that
there are no grounds to interfere with the findings of the
Tribunal. Hence, prayed for dismissal of the appeal.
13. The following question arises for determination.
"Whether the claimant is entitled for
the enhancement of compensation?
14. The fact of accident, injuries sustained in the
said accident by the claimant are not seriously disputed.
Hence, there is no need to reconsider the same. It is also
not in dispute that in the vehicle accident the claimant had
sustained grievous injuries, because of the same, her leg
below the knee was amputed. According to the evidence of
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PW.2, the length of stump is 22cm. He has also stated
about deformities of claimant and assessed the disability
at 55%. It is contended that functional disability is
different from occupational disability. The claimant has
been working as coolie, loss of portion of leg definitely
would cause difficult to her to do hard work. Considering
the same, disability affecting her earning capacity is
considered as 60% to the whole body.
15. There is no dispute regarding multiplier
applicable to the case in hand. Considering these facts the
compensation needs to be enhanced. Accordingly following
amount of compensation is awarded.
Sl. Heads Amount
No.
1. Mental shock and agony Rs.50,000/-
2. Pain and suffering Rs.50,000/-
3. Medical attendant's conveyance Rs.50,000/-
and nourishment expenses
4. Loss of income during laid-up Rs.88,500/-
period
5. Loss of future earning capacity due Rs.25,27,560/-
to permanent disability
(14,750/-+40%x12x17x60%)
6. Loss of amenities Rs.1,00,000/-
7. Medical expenses Rs.2,07,500/-
8. Dis-figuration Rs.50,000/-
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9. Loss of expectation of life Rs.50,000/-
10. For artificial limb Rs.2,50,000/-
Total Rs.34,23,560/-
Amount awarded by the Tribunal Rs.24,36,700/-
Enhancement Rs.9,86,860/-
16. The claimant is entitled for enhancement of
compensation of Rs.9,86,860/- along with interest at the
rate of 6% per annum from the date of petition till its
realization. Respondent No.3/insurer is liable to pay the
said payment. Accordingly, I answered the above question
partly in the affirmative.
17. For the aforesaid discussion, I pass following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award passed by
the Prl. Dist. & Sessions Judge & MACT,
Raichur in MVC No.188/2022 dated
18.04.2023 is modified;
(a) An amount of Rs.9,86,860/- is enhanced
in addition to compensation awarded by
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the Tribunal, with interest at the rate of
6% p.a. from the date of petition till its
realization.
iii. Respondent No.3 - insurance company shall
deposit the said amount with interest before
the Tribunal within a period of eight weeks
from the date of receipt of a copy of this
order.
iv. The orders passed by the Tribunal regarding
deposit and release are not disturbed.
v. The registry is directed to send back the Trial
Court records along with copy of this
judgment.
Sd/-
JUDGE
SDU
CT:PK
