Karnataka High Court
Mallappa S/O Ningappa Kudagol vs Mehboobsab S/O Jangalisab Svanur on 26 June, 2024
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NC: 2024:KHC-D:8839
MFA No. 104694 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.104694 OF 2019
(WC)
BETWEEN:
MALLAPPA S/O. NINGAPPA KUNDAGOL,
AGE: 51 YEARS, OCC: NIL,
R/O. KANDUR, TQ: BADAMI,
DIST: BAGALKOT-587201.
...APPELLANT
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
1. MEHBOOBSAB S/O. JANGALISAB SVANUR,
AGE: MAJOR, OCC: BUSINESS,
R/O. H. NO. 201, ARVIND NAGAR,
KARWAR ROAD, HUBBALLI-580001.
2. THE DIVISIONAL MANAGER
NEW INDIA INSURANCE CO. LTD,
OPP. KITTLE COLLEGE, P. B. ROAD,
Digitally
signed by DHARWAD.
MANJANNA E ...RESPONDENTS
Location: (BY SMT. SHARMILA M. PATIL, ADV. FOR R2;
HIGH COURT NOTICE TO R1 SERVED)
OF
KARNATAKA
THIS MFA IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO
ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD IN ECA NO.19/2015 DATED 16.04.2019 PASSED BY
THE MEMBER, MACT NO-VIII, BADAMI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:8839
MFA No. 104694 of 2019
JUDGMENT
Heard learned counsel for the appellant and learned
counsel for respondent No.2.
This appeal is filed by the claimant aggrieved by the
judgment and award dated 16.04.2019 passed in ECA
No.19/2015 on the file of Member, M.A.C.T-VIII, Badami,
whereby the tribunal awarded a sum of Rs.16,000/- as
compensation with interest at 12% p.a. to the appellant.
2. For the sake of convenience, the parties are
referred to, as they are referred to in the claim petition
before the Tribunal.
3. The claimant filed a petition under ECA
No.19/2015 to grant compensation of Rs.4,00,000/- with
interest at 18% in respect of injuries suffered by him in the
road traffic accident that occurred during the course of
employment with respondent No.1. It is the case of the
claimant that on 17.06.2009 at 6.00 a.m., near Shiradi
Ghat, the driver of the lorry drove the same in rash and
negligent manner and dashed against a bridge which
resulted in the accident and because of the accident, he
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sustained grievous injuries. Immediately, he was shifted to
Government Hospital, Sakleshpur and later he was shifted
to KIMS Hospital, Hubli for further treatment.
4. The tribunal considering the material available on
record, awarded a compensation of Rs.16,000/-. Therefore,
aggrieved by the award passed by the tribunal, the
claimant has filed this appeal.
5. Learned counsel Sri. B.S. Santi, appearing for the
appellant submits that the tribunal has erred in assessing
the age of the claimant, percentage of disability, relevant
factor under Employees Compensation Act and monthly
income. Hence, he prayed to allow the appeal.
6. Learned counsel Smt. Sharmila M. Patil, appearing
for respondent No.2-Insurance company submits that the
tribunal has granted fair and reasonable compensation on
account of the injuries sustained by the claimant and no
grounds are made out seeking enhancement of
compensation.
7. As there is no dispute regarding the injuries
sustained by the claimant in the road traffic accident that
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occurred on 17.06.2009 at 6.00 a.m., due to rash and
negligent driving by the driver of the lorry bearing
registration No.KA.25/B-4268, relationship of the
employer/owner of the lorry and the claimant and the
liability of the insurer of the vehicle, the only point that
would arise for Court's consideration is:
"Whether the quantum of compensation
awarded by the tribunal is just and proper or
does it call for interference?
8. After hearing learned counsel for the parties and
perusing the judgment and award of the tribunal, I am of
the view that the tribunal has granted only a compensation
of Rs.16,000/- in respect of amount spent by the claimant
during the course of treatment and the tribunal
erroneously held that the claimant failed to prove as to the
number of days he took treatment in the hospital and the
tribunal has erroneously held that no documents have been
proved to ascertain the exact nature of the injuries
suffered by the claimant. From the perusal of oral evidence
of claimant as PW-1 and the Doctor who was examined as
PW-2, the claimant sustained fracture of tibia and fibula.
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Hence, the Doctor issued disability at 65%, but the tribunal
has not considered the disability aspect properly. If
disability is considered at 30%, it would meet the ends of
justice.
9. If notional income is taken at Rs.4,000/- per
month and disability at 30%, it comes to Rs.1,200 x
relevant factor at 159.80, it comes to Rs.1,91,760/- under
the head 'pain and suffering(loss of income). Further,
the tribunal awarded a sum of Rs.16,000/- under the head
'medical expenses/amount spent towards
treatment', which is reasonable one and hence, no
interference is called for in that regard. Thus, the claimant
is entitled for the following compensation:
Loss of income due to Rs.1,91,760/-
disability (Rs.4,000 of 30%
=Rs.1,200 x 159.80 relevant
factor ),
Medical expenditure Rs. 16,000/-
Total Rs.2,07,760/-
Less: Compensation awarded Rs. 16,000/-
by Tribunal
Balance Rs.1,91,760/-
10. Accordingly, the appeal is allowed-in-part.
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i. The judgment and award dated 16.04.2019
passed by MACT, VII, Badami in
E.C.A.No.19/2015 is modified to the extent
stated hereinabove.
ii. The claimant is entitled for additional
compensation of Rs.1,91,760/- with interest at
the rate of 12% per annum.
iii. The respondent - Insurance Company is
directed to deposit the enhanced compensation
amount within eight weeks from the date of
receipt of copy of this judgment.
iv. Draw the modified award accordingly.
v. Registry to transmit a copy of this judgment to
the concerned Tribunal, along with its records.
vi. No order as to costs.
Sd/-
JUDGE
MN
