Karnataka High Court
Shankar vs Chandrashekhar And Anr on 28 June, 2024
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NC: 2024:KHC-K:4411
MFA No. 200622 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISC. FIRST APPEAL NO.200622 OF 2018
BETWEEN:
SHANKAR S/O SANGAPPA YERGOL
AGE: 54 YEARS, OCC: HEAD CONSTABLE,
R/O. HEBBAL VILLAGE, TQ. CHITTAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SRI S. S. SAJJANSHETTY, ADVOCATE)
AND:
1. CHANDRASHEKHAR S/O GUNDURAO UDUPI
AGE: MAJOR, OCC: OWNER OF OFFENDING VEHICLE,
Digitally signed R/O DORNALLI VILLAGE, TQ. SHAHAPUR,
by KHAJAAMEEN
L MALAGHAN DIST. YADGIRI-585201.
Location: HIGH
COURT OF 2. THE GENERAL MANAGER,
KARNATAKA SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8, EPIC, RICO, INDUSTRIAL AREA,
SITAPUR, DIST. JAIPUR,
STATE: RAJASTHAN-302001.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
VIDE ORDER DATED 30.08.2018, NOTICE TO R1,
IS DISPENSED WITH)
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MFA No. 200622 of 2018
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO CALL FOR RECORDS IN MVC.NO.727/2014
ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL AND
MACT, KALABURAGI, AND SET-ASIDE THE JUDGMENT AND
AWARD DATED 12.10.2017 AND FURTHER BE PLEASED TO
MODIFY THE AWARD BY SUITABLE ENHANCEMENT OF
COMPENSATION PAYABLE IN ACCORDANCE WITH LAW, IN THE
FACTS AND CIRCUMSTANCES OF THE CASE ALONG WITH
INTEREST AT 9% PER ANNUM FORM THE DATE OF PETITION
TO MEET THE REAL ENDS OF JUSTICE, EQUITY AND GOOD
CONSCIENCE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimants in MVC.No.727/2014
on the file of the III Additional Senior Civil Judge and
Member, MACT, Kalaburagi (hereinafter for short referred
to as 'Tribunal') against judgment and award passed in the
said case dated 12.10.2017, claiming for enhancement of
compensation.
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02. The parties will be referred as per their ranks
before the Tribunal for sake of convenience.
03. Brief facts of the case are that on 30.01.2014
around 03.20 a.m. near Ambedkar Circle of Shahapur,
claimant met with an accident due to rash and negligent
driving of Jeep bearing Reg.No.KA-33-7786 by its driver.
As a result of which, the claimant had sustained fracture of
left tibia and fibula and other multiple injuries. He was
admitted as inpatient for 25 days and spent huge amount
towards medical expenses. He has been suffering from
permanent disability affecting his earning capacity.
04. It is further case of the claimant that at the
time of accident he was aged about 50 years and he was
serving a Head Constable in Shahapur Police Station. With
these reasons prayed to award just and reasonable
compensation of Rs.15,00,000/-.
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05. The respondent No.2 has denied all the
averments of the claim petition and further contended that
its liability is restricted with terms and conditions of the
insurance policy. With these contention prayed for
dismissal of the petition.
06. From the rival contentions of both the parties,
the Tribunal had framed the necessary issues for its
determination.
07. The claimant on his behalf examined PW.1 and
2 and got marked Ex.P.1 to 165. The respondent No.2
examined RW.1 to RW.3 and got marked Ex.R.1 to 6.
08. The Tribunal after hearing both the parties and
appreciating the evidence available on record had awarded
the following amount of compensation:-
Sl. Heads of Compensation Amount
No. (in Rs.)
01. Pain and suffering 30,000/
02. Medical expenses 3,19,857/-
03. Attendants charges, food and 25,000/-
conveyance
04. Loss of amenities and nutrition 10,000/-
food
05. Loss of income during the period 60,000/-
of treatment
06. Total 4,44,857/-
Rounded off Rs.4,44,900/-
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09. I have heard the arguments.
10. The learned counsel for the claimant would
submit that the compensation awarded by the Tribunal is
meagre. No amount of compensation awarded towards the
loss of future earning capacity due to permanent disability.
Therefore, prayed to enhance the amount of
compensation.
11. The learned counsel for the respondent No.2
submits that the Tribunal had properly appreciated the
evidence and awarded just compensation. The claimant is
in service and has been serving as a Head Constable in the
police department. There is no evidence to show that his
income has been reduced or he was demoted due to
disability suffered. Therefore, he is not entitled for
compensation under the head of loss of future earning
capacity due to permanent disability. Hence, prayed for
dismissal of the appeal.
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12. The fact of accident, injuries sustained by the
claimant are not in dispute and there is no need to
consider the same. Admittedly, the claimant is a Head
Constable in police department. It is not the evidence of
PW.1 that after the accident, his rank was reduced or his
salary was reduced. Therefore, merely he has permanent
disability does not mean that he is entitled for
compensation under the said head. At the most, under the
head of loss of amenities, he may be entitled for more
amount of compensation.
13. Considering the materials available on record
and the evidence of PW.1 and 2, the compensation needs
to be enhanced under the head of pain and suffering, loss
of amenities and the medical incidental expenses.
Accordingly, the amount of compensation is enhanced
under the following heads:-
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Sl. Heads of Compensation Amount
No. (in Rs.)
01. Pain and suffering 50,000/-
02. Medical Expenses 3,19,857/-
03. Attendant charges, conveyance 35,000/-
and Special Diet
04. Loss of amenities and future 60,000/-
unhappiness
05. Loss of income during laid up 60,000/-
period
06. Loss of income during laid up 60,000/-
period
Total 5,24,857/-
Rounded off 5,24,900/-
14. The claimant is entitled for enhancement of
compensation of Rs.80,000/- along with interest at the
rate of 6% per annum from the date of petition till the
date of its realization. The respondent No.2 is liable to pay
the same.
15. For the above said discussion, I proceed to pass
the following;
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ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award passed by the
III Additional Senior Civil Judge and Member,
MACT, Kalaburagi in MVC.No.727/2014 dated
12.10.2017 is modified;
a) The claimant is entitled for enhancement of
compensation at Rs.80,000/- along with
interest on the enhanced amount of
compensation at the rate of 6% per annum
from the date of petition till its realization.
b) The respondent No.2 - insurance company
shall deposit the said amount with interest
within a period of 02 months from the date
of receipt of copy of this order.
c) The claimant is a police head constable and
the amount is not much. Therefore, entire
amount of the enhanced compensation is
ordered to be released in favour of the
claimant on due identification.
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The registry is directed to send back the Trial Court
records along with copy of this judgment.
Sd/-
JUDGE
KJJ
CT:PK
