Karnataka High Court
Mahadevappa vs Sunil And Anr on 3 June, 2024
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NC: 2024:KHC-K:3504
MFA No. 204251 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO.204251 OF 2023 (MV-I)
BETWEEN:
MAHADEVAPPA S/O BASAVARAJ,
AGE: 34 YEARS, OCC: SECURITY GUARD (NOW NIL),
R/O NEAR MALLAYYA TEMPLE LADLAPUR,
TQ. CHITTAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SMT. SRIDEVI J. TUPPAD, ADVOCATE)
AND:
1. SUNIL S/O NAGENDRAPPA YANGUNTIKAR,
AGE: MAJOR, OCC: OWNER OF VEHICLE,
Digitally signed by
KHAJAAMEEN L R/O 282, SB COLLEGE ROAD,
MALAGHAN NEAR BUS DEPOT NO. 3,
Location: HIGH VIDYA NAGAR,
COURT OF
KARNATAKA KALABURAGI-585103.
2. ORIENTAL GENERAL INS. CO. LTD.,
THROUGH ITS MANAGER,
1ST FLOOR, N.G. COMPLEX,
STATION ROAD,
OPP. MINI VIDHAN SOUDHA,
KALABURAGI-585103.
...RESPONDENTS
(BY SRI J. AUGUSTIN, ADVOCATE FOR R2;
VIDE ORDER DATED 02.01.2024 NOTICE TO R1 IS
DISPENSED WITH)
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MFA No. 204251 of 2023
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
04.09.2023 ENHANCE THE COMPENSATION RS.14,50,000/- AS
PRAYED BY THE APPELLANT HEREIN MVC NO.58/2022 BY THE
HON'BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE
AND MACT AT KALABURAGI, BY ALLOWING THE APPEAL. II)
ENHANCE THE RATE OF INTEREST AWARDED FROM 6% TO
9%. III) GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
MAY DEEM FIT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is claimant's appeal for enhancement of
compensation awarded by the II-Addl. Senior Civil Judge,
Kalaburagi (hereinafter referred to as 'the Tribunal' for
short) in MVC No.58/2022 dated 04.09.2023.
Though this appeal is listed for orders, with the
consent of both the side, it is taken up for final disposal.
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2. For the sake of convenience, the parties are
referred to as per their ranks before the Tribunal.
3. It is the case of the claimant/appellant that on
17.07.2021 while he was going on his motorcycle bearing
Reg.No.KA-16/EE-5387, he met with an accident at Hosur
village, due to rash and negligent driving of car bearing
Reg.No.KA-02-MD-0799 by its driver. As a result of which
petitioner had sustained fracture of right subtrochantic
bone (comminuted fracture), fracture of left middle finger
and joint dislocation. He was admitted in ESI hospital,
Kalaburagi and underwent surgery. He had spent more
than Rs.1,50,000/- towards medical expenses. He was
aged about 32 years at the time of accident and was
earning Rs.30,000/- per month. Due to injuries sustained
in the accident, he has been suffering from permanent
disability. With these reasons, the claimant prayed to
award compensation of Rs.14,50,000/-.
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4. Respondent No.2/insurer denied contents of the
claim petition and prayed for dismissal of the claim
petition.
5. From the rival contentions of both the parties,
the Tribunal had framed the necessary issues for its
determination.
6. The claimant to prove his case examined PWs.1
and 2 and got marked Exs.P1 to 15 and closed his
evidence. Respondents have not led any evidence.
7. After hearing both the parties and appreciating
the evidence available on record, the Tribunal by its
impugned judgment, awarded the following amount of
compensation.
S.No Heads Amount
1. loss of future income due to Rs.2,18,880/-
disability
2. Towards pain and sufferings Rs.30,000/-
3. Towards medical expenses Rs.43,835/-
4. Towards attendant charges and Rs.13,600/-
conveyance
5. Towards loss of amenities and Rs.30,000/-
Nutrition
6. Loss of income during treatment Rs.14,250/-
Total Rs.3,50,565/-
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8. Heard arguments of learned counsel for the
appellant and respondent No.2.
9. The learned counsel for the appellant submits
that amount of compensation awarded by the Tribunal is
on the lower side. Even the assessment of disability is
also not proper. Therefore, prayed for enhancement of
compensation.
10. The learned counsel for respondent No.2
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.
11. The following question arises for determination.
"Whether the claimant is entitled for
the enhancement of compensation?
12. The main contention of the appellant is that,
PW.2 has assessed the disability at 50%. However, the
Tribunal had taken disability to an extent of 8% though
petitioner had sustained fracture of subtrochantic bone as
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well as left middle finger dislocation. The said submission
is acceptable. It is true that PW.2 is not a treated doctor.
However, the injuries sustained by the claimant-appellant
is not in dispute. He was aged about 32 years at the time
of accident and said to be working as a security guard.
Considering the nature of job, his age as well as medical
evidence, it is just and necessary to consider disability to
whole body as 15%.
13. There is no dispute regarding multiplier. The
Tribunal has assessed notional income on the basis of the
schedule of KSLSA, since there is no reliable evidence
regarding income of the claimant. The reasons assigned by
the Tribunal is acceptable. Therefore, the claimant is
entitled for enhancement under the head loss of future
earning capacity due to permanent disability.
Rs.14,250/- x 12 x 16 x 15% = Rs.4,10,400/-.
14. The claimant is also entitled for enhancement of
compensation under other heads as under.
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Sl. Heads Amount Amount
No. awarded by awarded by
the Tribunal this court
1. Loss of future earning Rs.2,18,880/- Rs.4,10,400/-
capacity due to permanent
disability
2. Pain and suffering Rs.30,000/- Rs.30,000/-
3. Medical expenses Rs.43,835/- Rs.43,835/-
4. Attendant charges and Rs.13,600/- Rs.25,000/-
conveyance
5. Loss of amenities and Rs.30,000/- Rs.50,000/-
Nutrition
6. Loss of income during laid Rs.14,250/- Rs.42,750/-
up period
(Rs.14,250/- x 3)
Total Rs.3,50,565/- Rs.6,01,985/-
Enhancement Rs.2,51,420/-
15. The claimant is entitled for enhancement of
compensation of Rs.2,51,420/- along with interest at the
rate of 6% per annum.
16. There is no dispute regarding liability to pay
compensation. Accordingly, I answered the above question
partly in the affirmative and pass following:
ORDER
i. The appeal is allowed in part.
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ii. The impugned judgment and award passed by
the II-Addl. Senior Civil Judge, Kalaburagi in
MVC.No.58/2022 dated 04.09.2023 is
modified;
(a) An amount of Rs.2,51,420/- is enhanced
in addition to compensation awarded by
the Tribunal with interest at the rate of
6% p.a. on the enhanced amount of
compensation from the date of petition
till realization of said amount.
iii. Respondent No.2 - 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.
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v. The registry is directed to send back the Trial
Court records.
Sd/-
JUDGE
SDU
CT:PK
