Karnataka High Court
Ramachandrappa vs K Rangarajaiah on 6 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:21521
MFA No. 8447 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 8447 OF 2019 (MV-I)
BETWEEN:
RAMACHANDRAPPA
S/O. SUBBACHARI,
AGED ABOUT 62 YEARS
R/AT A-BLOCK, VEMAGAL VILLAGE AND HOBLI,
KOLAR TALUK-563 101
...APPELLANT
(BY MS. SWATI G. HEGDE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
1. K RANGARAJAIAH
S/O. KENCHAPPA,
AGED MAJOR
Digitally signed by R/AT KALLUNDUR VILLAGE,
R HEMALATHA BEGLI POST,
Location: HIGH KOLAR TALUK-563101.
COURT OF
KARNATAKA
2. UNITED INDIA ASSURANCE COMPANY LTD.,
SUGUNA NURSING HOME COMPLEX,
ANTHARAGANE ROAD,
NEAR KSRTC BUS STAND,
KOLAR-563101
REP. BY ITS BRANCH MANAGER.
...RESPONDENTS
(BY SRI. ARUN PONNAPPA, ADVOCATE FOR R-2;
V/O DATED 21.02.2023 NOTICE TO R1 IS DISPENSED WITH)
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NC: 2024:KHC:21521
MFA No. 8447 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09/07/2019, PASSED IN MVC
NO.162/2017, ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, KOLAR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act,
1988 is filed challenging the award dated 9.7.2019 in MVC
No.162/2017 passed by the learned I Additional Senior Civil Judge
and MACT, Kolar.
2. The appellant having sustained injuries in a road traffic
accident on 23.4.2017 filed a claim petition under Section 166 of
the MV Act. The Tribunal after examining the evidence on record
awarded a total compensation of Rs.2,82,100/- with interest at the
rate of 6% p.a. The claimant being not satisfied with the quantum
of compensation is before this Court.
3. Heard the learned counsel for the appellant and the
learned counsel for the respondent No.2.
4. Admittedly, the claimant sustained injuries in a road
traffic accident on 23.4.2017, and sustained fracture of distal 1/3rd
both bones of right leg with open type 3B, right 3rd, 4th and 5th
metatarsal head fracture, open type IIIB fracture of distal 1/3rd both
bone of right leg treated with IMIL nail and SSG. In Gaurav
Orthopedic and Surgical Hospital, when the appellant was
diagnosed, it was revealed that a case of mal-union fracture of
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distal 3rd tibia with implant insitu with broken screws and simple and
grievous injuries all over the body.
5. The doctor-PW2, who had examined the claimant,
stated that the claimant suffered right lower limb disability to an
extent of 36%, and as per the gazette notification, the doctor
assessed the whole body disability at 12%. The claimant was an
inpatient for a period of 48 days, which is evident from the medical
records. The accident is of the year 2017. The claimant was aged
65 years. Therefore, the compensation awarded by the Tribunal
requires to be redetermined as follows:
Food, nourishment, conveyance Rs.50,000/-
and attendant charges
Pain and suffering Rs.1,25,000/-
Medical expenses Rs.87,100/-
Loss of amenities Rs.75,000/-
Loss of future income Rs.79,200/-
(11,000 x 12 x 5 x 12/100)
Loss of income during the laid Rs.44,000/-
period (11,000 x 4)
Total Rs.4,60,300/-
6. The appeal is allowed in part.
7. The claimant/appellant is entitled for total
compensation of Rs.4,60,300/- as against Rs.2,82,100/- awarded
by the Tribunal. The enhanced compensation of Rs.1,78,200/-
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shall carry interest at the rate of 6% p.a. from the date of petition till
actual realization. To this extent, the impugned award stands
modified.
8. The enhanced compensation to be deposited within a
period of three months from the date of receipt of certified copy of
this order.
Sd/-
JUDGE
BKM
