Karnataka High Court
Shri. Shankrappa S/O Pakkirappa ... vs Shri. M. Mari Muttu on 5 March, 2024
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NC: 2024:KHC-D:4845
MFA No. 101437 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. 101437 OF 2023 (MV-I)
BETWEEN:
SHRI. SHANKRAPPA S/O. PAKKIRAPPA MARAGADI,
AGE: 33 YEARS, OCC: AGRICULTURE, NOW NIL,
R/O. KOPPARASIKOPPA, DASHARATHAKOPPA,
TQ: HANGAL, DIST: HAVERI-581104.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SHRI. M. MARI MUTTU,
AGE: 47 YEARS, OCC: PROPERIETOR,
K.M.S. BOREWELLS, NO.10,
S. S. BUILEDING, A. V. ROAD,
CHAMARAJEPET, BENGALURU-560018.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
MOKTALI BUILDING, HANGAL ROAD,
Digitally signed OPP: KSRTC BUS STAND, HAVERI-581110.
by ROHAN ...RESPONDENTS
HADIMANI T
Location: HIGH (BY SRI. N. R. KUPPELUR, ADV. FOR R2,
COURT OF R1-NO SUCH PERSON IN THIS ADDRESS)
KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C.
NO.1000/2019, ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND
AMACT, HANGAL, AT: HANGAL, DATED 31/12/2022, BY ALLOWING
THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4845
MFA No. 101437 of 2023
JUDGMENT
The appellant/injured has filed this appeal seeking for
enhancement of compensation by challenging the judgment and
award dated 31.12.2022 passed in MVC No.1000/2019 on the file of
Addl. Senior Civil Judge and MACT, Hangal (for short, 'Tribunal').
2. Brief facts leading to filing of this appeal are that on
28.05.2019 at about 8.00 a.m., the appellant/injured was standing
by observing digging borewell bearing its Registration
No.KA-01/MJ-8475 in land bearing survey No.3/3d of
Dasharathakoppa village which belongs to his brother-in-law. At that
time, the borewell operator called for the appellant to observe black
stone, while the appellant came to observe the black stone, at that
time, unfortunately one pipe fallen down over the head of appellant
from the lorry. Due to which, the appellant has sustained grievous
injuries. Immediately, after the accident he shifted to Government
Hospital, Mudagod for treatment. Hence, he filed claim petition
seeking compensation.
3. The respondent entered appearance before the
Tribunal and filed statement of objections denying the mode of
accident, age, occupation, income, avocation and medical
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expenses of the appellant/injured and sought for dismissal of
the claim petition.
4. The appellant/injured examined himself as PW1 and
doctor who issued disability certificate has been examined as
PW2 and produced 14 documents which are marked as Exs.P1
to P14. The respondent No.2/Insurance Company has been
examined as RW1 and got marked one document as per Ex.R1.
2. The Tribunal after considering the rival contentions
and evidence on record has awarded total compensation of
Rs.5,44,370/- along with interest at the rate of 7% per annum
from the date of claim petition till the date of realization of the
amount. Being aggrieved by the quantum of compensation, the
appellant/injured has filed this present appeal seeking
enhancement.
3. Sri. Harish S. Maigur, learned counsel appearing for
the appellant submits that the Tribunal has committed grave
error in assessing the disability of the appellant/injured. He
submits that the award of compensation by the Tribunal under
the head of pain and suffering, loss of income during the laid-
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up period is on lower side requires to be enhanced. Hence, he
seeks to allow the appeal.
4. Per contra, Sri. N R. Kuppellur, learned counsel
appearing for the respondent No.2/Insurance Company
supports the impugned judgment and award of the Tribunal
and submits that the Tribunal taking note of the oral evidence
of PW2 and the medical records has come to conclusion that
the appellant has suffered 11% disability to the whole body and
determining the compensation. He argues that the award of
compensation on other heads is also just and proper and do not
call for any enhancement. Hence, he prays to dismiss the
appeal.
5. I have heard the arguments of learned counsel for the
appellant and learned counsel for the respondent. Perused the
material available on record. The only point that would arise for
consideration in this appeal is:
a) Whether the appellant/injured is entitled for the
enhanced compensation?
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6. The answer to the above point is in the 'affirmative'
for the following reasons:
7. The parties to the proceedings do not dispute that the
appellant has sustained grievous injuries in the road accident
dated 28.05.2019. In support of the claim, the appellant
examined himself and also examined PW2-doctor who has
issued the disability certificate. The Wound Certificate-Ex.P5
indicates that the appellant sustained, 1) Head injury (L) acute
fronto partial extradural hammorrage (Lacerated wound over
occipital (L)). 2) Fracture of distal femure. The aforesaid
injuries are grievous in nature. This Court taking note of the
injuries mentioned at Ex.P5, the discharge summary issued by
Balaji Hospital, Hubballi at Ex.P8 and the X-ray films produced
at Ex.P13 and Ex.P14 is of the considered view that the
appellant has suffered grievous injuries and the disability is
required to be assessed at 15% as against 11% assessed by
the Tribunal. Thus, the appellant/claimant would be entitled to
modified compensation on the head of loss of future earning
capacity:
Rs.13,250 x 12 x 16 x 15% = Rs.3,81,600/-
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8. This Court is of the considered view that the appellant
who has suffered major fractures is entitled for addition sum of
Rs.10,000/- under the head of pain and suffering and
additional sum of Rs.13,250/- under the head of loss of
income during the laid-up period. The appellant/injured is
entitled for interest at the rate of 6% per annum of the
enhanced compensation.
Sl. Particulars Amount
No.
1 Towards Pain & Suffering Rs. 40,000/-
2 Medical Expenses Rs.1,38,030/-
3 Diet, Nourishment, conveyance & Rs. 30,000/-
Attendant Charges
4 Towards loss of income during laid- Rs. 39,750/-
up period
5 Loss of Future Income on account of Rs.3,81,600/-
permanent Physical Disability
6 Towards loss of amenities and Rs. 30,000/-
enjoyment of life
7 Future medical expenses Rs. 25,000/-
Total Rs.6,84,380/-
9. For the aforementioned reasons, I pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award
passed by the Tribunal to an extent that the
appellant/injured would be entitled to total
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compensation of Rs.6,84,380/- as against
Rs.5,44,370/- awarded by the Tribunal.
c) The enhanced compensation amount
shall carry interest at the rate of 6% per
annum from the date of petition till the date of
payment.
d) On such deposit, the same shall be
released in favour of the appellant/claimant.
e) Draw modified award accordingly.
Sd/-
JUDGE
PMP
