Karnataka High Court
Tejappa S/O Yankappa Lamani vs The J.K. Managing Director J K Cement ... on 5 March, 2024
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NC: 2024:KHC-D:4859
MFA No. 101918 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101918 OF 2015 (MV-I)
BETWEEN:
TEJAPPA S/O. YANKAPPA LAMANI,
AGE: 43 YRS, OCC: COOLIE NOW NIL,
R/O. NAREUR TANDA, TQ: BADAMI,
DIST: BAGALKOT-587101.
...APPELLANT
(BY SRI. CHETAN B. PATIL, ADV. FOR
SRI. RAMESH I. ZIRALI AND
SRI. SHIVRAJ S. BALLOLI, ADVOCATES)
AND:
1. THE J. K. MANAGING DIRECTOR,
J. K. CEMENT WORKS, MUDDPUR,
TQ: MUDHOL, DIST: BAGALKOT-587101.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
BY ITS DIVISIONAL OFFICER,
Digitally signed NEAR SIDDESHWAR TEMPLE BIJAPUR,
by JAGADISH T DIST: BIJAPUR-586101.
R
...RESPONDENTS
Location: HIGH
COURT OF (BY SRI. K. S. PATIL, ADV. FOR R1,
KARNATAKA SRI. C. V. ANGADI, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173(1) OF
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 4/2/2015 PASSED IN MVC 35/2014 ON THE FILE OF
BEFORE THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL IX
MUDHOL AND ENHANCE COMPENSATION BY ALLOWING THE APPEAL
TO MEET THE JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4859
MFA No. 101918 of 2015
JUDGMENT
This appeal is by the injured/claimant seeking for
enhancement of compensation under judgment and award
dated 04.02.2015 in MVC No.35/2014 passed by the Motor
Vehicle Accident Claims Tribunal IX, Mudhol (for short,
'Tribunal')
2. Brief facts leading to filing of this appeal are
that the appellant/injured was proceeding as pillion rider
on motorcycle bearing registration No.KA-29-Q-3841 from
Narenur Tanda to Mudhol. On 16.08.2013 at about 7.45
a.m., the driver of the vehicle bearing registration No.KA-
48-M-3576 came from Mudhol side in a rash and negligent
manner and dashed to the motorcycle. As a result the
rider and pillion rider fell down and sustained grievous
injuries all over the body. It is averred that the injured
was shifted to Dr. Ramesh Patil Hospital, Mudhol wherein
he had taken treatment for a period of 25 days and
incurred substantial amount for the same.
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3. It is further averred that the appellant/claimant
was aged about 42 years and was earning sum of
Rs.12,000/- per month by doing coolie work. Because of
the accident he is not in a position to earn the wages as he
used to earn prior to the accident. It is also averred that
the accident has caused due to the rash and negligent
driving of the vehicle bearing registration No.KA-48-M-
3576. Hence, the claim petition is filed seeking for
compensation.
4. The respondent/insurance company entered
appearance before the Tribunal by filing statement of
objections. They have denied the averments made in the
claim petition and also denied the age, income and
avocation of the appellant/injured. Hence, sought for
dismissal of the claim petition.
5. During the course of Trial the appellant/injured
examined himself as PW1 and Dr. Ramesh Patil has been
examined as PW2 and got marked 14 documents as
Exs.P1 to P14. The respondents examined one witness as
RW1 with consent marked Ex.R1-Insurace policy. The
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Tribunal on appreciation of the rival contentions and the
evidence available on record has awarded total
compensation of Rs.1,84,200/- along with interest at the
rate of 9% per annum from the date of petition to till the
date of realization. Being aggrieved by the award of
compensation, the present appeal is filed by the claimant
seeking for enhancement of the compensation amount.
6. Heard Shri. Chetan B. Patil learned counsel for
Shri. Ramesh I. Zirali and Shri. Shivraj S. Balloli learned
counsels appearing for appellant. Shri. K.S. Patil learned
counsel appearing for respondent No.1. Shri. C.V. Angadi
learned counsel appearing for respondent No.2.
7. Learned counsel Shri. Chetan B. Patil appearing
for appellant submits that the Tribunal committed grave
error in assessing income of the appellant/claimant at
Rs.5,000/- per month. The same is contrary to the
evidence and pleading available on record. It is further
submitted that the award of compensation by the Tribunal
under the heads of Pain and Suffering, loss of amenities,
towards attendant charges and loss of income during the
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laid-up period is on the lower side. Hence, learned counsel
seeks to enhance the same appropriately by allowing the
appeal.
8. Per contra, learned counsel Shri. C.V. Angadi
appearing for respondent No.2 and Shri. K.S Patil learned
counsel appearing for respondent No.1 supports the
impugned judgment and award of the Tribunal and
submits that the Tribunal taking note of the evidence
available on record has rightly assessed the income and
awarded the compensation to the appellant/injured which
does not calls for any enhancement in this appeal. Hence,
seeks to dismiss the appeal.
9. Having heard the learned counsel for the parties
and on perusal of grounds urged in the appeal and
impugned judgment, the only point that arises for
consideration in this appeal is, "whether the
appellant/claimant would be entitled to enhanced
compensation?"
10. Answer to the above point would be in the
'affirmative' for the following reasons.
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11. The parties to the proceeding does not dispute
that the appellant sustained grievous injuries in a road
accident dated 16.08.2013. It is not in dispute that the
said accident is caused due to the rash and negligent
driving of the vehicle bearing registration No.KA-48-M-
3576. It is also not in dispute that immediately after the
accident the appellant/injured has taken treatment with
PW2 who has been examined and has issued the Injury
Certificate as well as Disability Certificate at Exs.P5 to P13
respectively.
12. The Tribunal while awarding the compensation
has assessed the income of the appellant/injured at
Rs.5,000/- per month. Admittedly, the appellant has not
placed any cogent or acceptable evidence to substantiate
the income of the appellant/injured. In the absence of any
such evidence available on record, this Court assessed the
income of the appellant/injured notionally at Rs.7,000/-
per month placing reliance on the chart prepared by the
Karnataka State Legal Services Authority. The Tribunal has
rightly assessed the disability of the appellant at 15%
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which is unaltered. Thus, the claimant would be entitled to
modified compensation under the head of future loss of
income due to disability as under:
Rs.7,000 x 12 x 14 x 15% = Rs.1,76,400/-
13. This Court is of the considered view that the
Tribunal has committed error in awarding compensation
under the head of loss of Pain and Sufferings, towards loss
of amenities, towards attendant charges and towards loss
of income during the laid-up period. This Court taking into
account the medical evidence available on record and the
oral testimony of PW2 is of the considered view that the
appellant is entitled for additional sum of Rs.20,000/-
under the head of loss of pain and suffering, additional
Rs.15,000/- under the head of loss of amenities, additional
Rs.4,000/- under the head of attendant charges. The
appellant was inpatient for a period of 10 days and
thereafter he has required to take rest and to take further
treatment. Hence, the appellant is entitled to Rs.21,000/-
under the head of loss of income during the laid-up period
as against Rs.10,000/.
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14. Thus, the claimant would be entitled to total
compensation on the following heads:
HEADS AMOUNT (in
Rs.)
Towards loss of Future income 1,76,400/-
Towards Pain and suffering 45,000/-
Towards Medical Expenses 14,600/-
Towards loss of amenities 30,000/-
Towards attendant charges 5,000/-
Loss of income during laid up period 21,000/-
Total 2,92,000/-
Amount awarded by Tribunal 1,84,200/-
Enhancement 1,07,800/-
15. Thus, the claimant shall be entitled to total
compensation of Rs.2,92,000/- as against Rs.1,84,200/-
awarded by the learned Tribunal.
16. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of
the Tribunal is modified to an extent
that the claimant would be entitled to
total compensation of Rs.2,92,000/-
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as against Rs.1,84,200/- awarded by
the Tribunal.
c) The enhanced compensation of
Rs.1,07,800/- shall carry interest at
the rate of 6% per annum from the
date of petition till the date of
payment.
d) The Insurance Company shall deposit
the enhanced compensation amount
with accrued interest before the
Tribunal within a period of six weeks
from today.
e) On such deposit, the same shall be
released in favour of the
appellant/claimant.
f) Draw modified award accordingly.
Sd/-
JUDGE
RKM
