Karnataka High Court
Hanumanthappa vs Manjunath on 6 November, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:44642
MFA No. 8744 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 8744 OF 2013 (MV)
BETWEEN:
1. HANUMANTHAPPA
SON OF KOTRAPPA
AGED ABOUT 55 YEARS
AGRICULTURIST AND MILL VENDOR
R/O GANGANARASI VILLAGE
HARIHARA TALUK
...APPELLANT
(BY SRI. D P MAHESH., ADVOCATE)
AND:
1. MANJUNATH
SON OF BASAPPA
AGED ABOUT 53 YEARS
Digitally signed
DRIVER OF HMT TRACTOR BEARING
by RAMYA D REG NO.KA-27/T-5455-5446
Location: HIGH
COURT OF RESIDENT OF KODIHALLI VILLAGE
KARNATAKA
DAVANAGERE TALUK
2. SHEKHARAPPA RAMAPPA NARASAGONDARA
AGED ABOUT 61 YEARS
OWNER OF HMT TRACTOR BEARING
REG NO.KA-27/T-5445-5446
RESIDENT OF NAALVAGALU VILLAGE
RANEBENNUR TALUK
-2-
NC: 2024:KHC:44642
MFA No. 8744 of 2013
3. THE MANAGER
NATIONAL INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE
MELAGIRI PLAZA
MCC B BLOCK
DENTAL COLLEGE ROAD
DAVANAGERE 577 005
...RESPONDENTS
(BY SRI. E I SANMATHI, ADVOCATE FOR R3: NOTICE TO R1 &
R2 DISPENSED WITH VIDE COURT ORDER DATED 10.03.2014 )
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.01.2013 PASSED IN MVC
NO.731/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 03.01.2013 passed by the
Senior Civil Judge & Addl. MACT, Harihar (for short, 'the
Tribunal') in MVC No.731/2008 and seeking enhancement
of compensation.
NC: 2024:KHC:44642
2. The fatal accident, injuries sustained by the
claimant in the accident are not in dispute.
3. The compensation awarded by the Tribunal is as
follows:
Compensation (Rs.)
under different Heads
Pain and sufferings 30,000
Medical expenses 19,000
Medical attendant 5,000
charges and
transportation
Loss of income during 16,000
laid up period (4,000x4)
Total 70,000
4. On perusal of the medical records, wound
certificate, discharge card, x-ray report, it is proved that
the claimant suffered fracture of pelvis of left knee and
other injuries.
5. Considering the injuries sustained, the
compensation awarded by the Tribunal is on the lesser
NC: 2024:KHC:44642
side, the Tribunal has not awarded compensation on the
head of 'loss of income due to disability'. Therefore, the
claimant prayed for enhancement of compensation.
6. Considering the injuries sustained the
compensation of Rs.40,000/- is awarded for injuries, pain
and suffering. The accident is caused on 19.11.2008.
Therefore, income of Rs.4,500/- per month has to be
taken into consideration. Accordingly, a compensation of
Rs.18,000/- (Rs.4,500x4 months) is awarded under the
head 'loss of income during laid up period'.
7. The medical bills granted by the Tribunal is as per
record and the same is kept in tact.
8. The claimant is an agriculturist by profession and
though the doctor - PW2 is not an orthopedic surgeon, but
he has assessed the disability. PW2 in his evidence has
stated that the claimant has suffered 50% to 60% physical
impairment to whole body. Considering the injuries
sustained by the claimant, the said percentage assessed
by the doctor is on the higher side. Therefore, considering
NC: 2024:KHC:44642
the injuries sustained and fracture of pelvis of left knee,
1/4th of the disability as stated by PW2 has to be assessed
as whole body disability, which is at 12%. The claimant
was aged about 50 years old and the appropriate
multiplier applicable to his age is '13'. Hence, 'loss of
future income due to disability' is assessed as follows:
Rs.4,500x12x13x12/100 = Rs.84,240.
9. Further, a compensation of Rs.10,000/- is awarded
under incidental charges such as medical attendant
charges and transportation, etc.
10. Thus, in all, the claimant is entitled for the
following compensation :
Compensation (Rs.)
under different Heads
Pain and sufferings 40,000
Medical expenses 19,000
Medical attendant, 10,000
incidental charges and
transportation
Loss of income during 18,000
NC: 2024:KHC:44642
laid up period (4,500x4)
Loss of future income 84,240
due to disability
Total 1,71,240
11. The Tribunal has awarded the compensation of
Rs.70,000/-, but the appellant/claimant is entitled to total
compensation of Rs.1,71,240/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,01,240/- (Rs.1,71,240/- - Rs.70,000/-) along with
interest @ 6% p.a., from the date of petition till its
realization, in addition to what has been awarded by the
Tribunal.
12. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award passed by the Tribunal in
MVC No.731/2008 dated 03.01.2013 by the Senior
Civil Judge and Addl. MACT, Harihar, is hereby
modified holding the claimant is entitled for
NC: 2024:KHC:44642
enhanced compensation of Rs.1,01,240/- along
with interest @ 6% p.a., from the date of petition till
its realization, in addition to what has been awarded
by the Tribunal.
iii. The appellant/claimant is not entitled for interest for
the delayed period of 188 days in filing the appeal.
iv. Costs made easy.
v. Ordered accordingly.
vi. The other observations and findings of the Tribunal
are kept in tact.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
CM
