Karnataka High Court
Shri Mahadev S/O Maruti Patil vs Shri Nagaraj S/O Mahadev Patil on 5 March, 2024
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NC: 2024:KHC-D:4894
MFA No. 100327 of 2023
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. 100327 OF 2023 (MV-I)
BETWEEN:
SHRI. MAHADEV S/O. MARUTI PATIL,
AGE: 59 YEARS, OCC. AGRICULTURE, MILK
VENDING AND TRACTOR BUSINESS, NOW NIL,
R/O. SULTANPUR-591309,
TALUKA: HUKKERI, DISTRICT: BELAGAVI.
...APPELLANT
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
AND:
1. SHRI. NAGARAJ S/O. MAHADEV PATIL,
AGE: 31 YEARS, OCCUPATION: AGRICULTURE,
R/O. SULTANPUR-591309,
TALUKA: HUKKERI, DISTRICT: BELAGAVI.
2. THE ICICI LOMBARD GENERAL INSURANCE
COMPANY, THROUGH ITS DIVISIONAL OFFICER,
RPD CROSS, TILAKWADI-590006,
Digitally signed TALUKA AND DISTRICT: BELAGAVI.
by JAGADISH T
R
...RESPONDENTS
Location: HIGH
COURT OF (BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
KARNATAKA
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 29.06.2022 IN MVC
NO.2649/2017 PASSED BY THE XI ADDITIONAL DISTRICT JUDGE
AND ADDITIONAL MACT, BELAGAVI AND ENHANCE THE
COMPENSATION FROM RS. 2,92,567/- TO RS. 15,00,000/- TO THE
APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4894
MFA No. 100327 of 2023
JUDGMENT
This appeal is by the claimant seeking enhancement
of compensation awarded under judgment and award
dated 29.06.2022 in MVC No.2649/2017 by the XI Addl.
District Judge and Addl. MACT., Belagavi (for short,
'Tribunal').
2. Brief facts giving rise to file this appeal are that
on 03.07.2017 the appellant was proceeding on
motorcycle bearing registration No.KA-09/U-5481 as
pillion rider. The rider of the motorcycle was riding the
same in rash and negligent manner, caused the accident,
in the result of which, the appellant sustained injuries and
he was immediately taken to Ganga Surgical and Fracture
Clinic, Gokak for treatment. It is averred that the
appellant/injured was aged about 53 years at the time of
the accident and was earning Rs.6 lakh per annum and
was also earning Rs.10,000/- from milk vending business
and Rs.15,000/- from tractor-trailor business. He filed the
claim petition seeking for compensation.
NC: 2024:KHC-D:4894
3. The respondent No.2/Insurance Company
entered appearance before the Tribunal and opposed the
claim petition by denying the averments made in the claim
petition. They denied the age, income and avocation of the
appellant/claimant and sought for dismissal of the claim
petition.
4. The petitioner/claimant examined himself as
PW1, examined Doctor as PW2 and got marked the
documents as Exs.P1 to P45. The respondents have not
adduced any evidence.
5. The Tribunal after considering the rival
contentions and evidence available on record, allowed the
claim petition in part and awarded total compensation of
Rs.2,92,567/- along with interest at the rate of 6% per
annum from the date of petition till final realization and
held respondent No.2/Insurance Company liable to pay the
compensation. Being aggrieved by the quantum of
compensation, the claimant has filed the present appeal.
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6. Smt. Sunanda P.Patil, learned counsel
appearing for the appellant/claimant submits that the
Tribunal committed an error in awarding a meager
compensation under the heads of 'pain and suffering',
'food, nourishment, conveyance and attendant charges'
and it has failed to award any compensation under the
heads of 'loss of income during laid up period' and 'loss of
amenities. Hence, he seeks to allow the appeal by
awarding proper compensation to the appellant/claimant.
7. Per contra, Sri. Nagaraj C.Kolloori, learned
counsel appearing for the respondent No.2/Insurance
Company supporting the impugned judgment and award
would submit that the Tribunal based on the entire
material available on record has rightly held that the
compensation awarded by the Tribunal on all heads is just
and reasonable, which requires no interference. He
therefore, submits there is no merit in the appeal and it is
liable to be dismissed.
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8. Having heard the learned counsel for the parties
and on perusal of the material available on record, the
following point would arise for consideration:
Whether the appellant/claimant would be
entitled for enhanced compensation?
9. Answer to the above point would be in the
'affirmative' for the following reasons:
10. This Court taking note of the pleading and
evidence available on record and the injuries sustained by
the appellant/claimant more particularly taking note of the
disability certificate at Ex.P9 is of the considered view that
the appellant/claimant has suffered hip fracture and taken
treatment at different hospitals and the Doctor assessed
his disability at 30% to the whole body. This Court is of
the considered view that the appellant/claimant is entitled
for additional Rs.30,000/- under the head of 'pain and
suffering', an additional sum of Rs.5,000/- under the head
of 'food, nourishment, convenience and attendant
charges'.
NC: 2024:KHC-D:4894
11. The Tribunal has committed grave error in not
awarding any compensation under the head of 'loss of
income during laid-up-period' and under the head of 'loss
of amenities'. This court taking note of the treatment
taken by the appellant/claimant, deems it appropriate to
award Rs.3,750/- under the head of 'loss of income during
the laid up period' and Rs.25,000/- under the head of 'loss
of amenities'. The compensation awarded on other heads
are undisturbed. Thus, in all, the claimant shall be entitled
to modified compensation under the following heads:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 50,000/-
Towards Medical expenses 1,27,267/-
Conveyance, diet and attendant 15,000/-
charges
Loss of future earnings due to disability 1,35,300/-
Loss of amenities 25,000/-
Loss of income during laid-up period 30,750/-
[Rs.10,250 X 3 months]
Total 3,83,317/-
12. Thus, the claimant shall be entitled to total
compensation of Rs.3,83,317/- as against Rs.2,92,567/-
awarded by the learned Tribunal.
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13. 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.3,83,317/- as against
Rs.2,92,567/- awarded by the Tribunal.
c) The enhanced compensation of Rs.90,750/-
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.
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f) Registry to transmit the records, if any,
forthwith to the Tribunal.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
