Karnataka High Court

The Divisional Manager vs Chunnappa S/O Yellappa Goni on 11 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                   NC: 2024:KHC-D:16468-DB
                                                   MFA No. 100254 of 2021
                                               C/W MFA.CROB No. 100011 of 2023




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 11TH DAY OF NOVEMBER, 2024
                                            PRESENT
                          THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                               AND
                            THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                    MISCELLANEOUS FIRST APPEAL NO.100254 OF 2021 (MV-I)
                             C/W MFA CROSS OBJ NO.100011 OF 2023


                   IN MFA NO.100254 OF 2021:

                   BETWEEN:

                   THE DIVISIONAL MANAGER
                   NATIONAL INSURANCE CO. LTD.
                   THROUGH SENIOR DIVISIONAL MANAGER,
                   1ST FLOOR, PRABHU BUILDING,
                   RAMDEV GALLI, BELAGAVI,
                   REP. BY ITS REGIONAL OFFICE,
                   ARIHANT PLAZA, 2ND FLOOR,
                   KUSUGAL ROAD, HUBBALLI,
                   REP. BY ITS ADMINISTRATIVE OFFICER.
Digitally signed                                                   ...APPELLANT
by MANJANNA E
Location: HIGH     (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE)
COURT OF
KARNATAKA
DHARWAD            AND:
BENCH
Date: 2024.11.16
11:10:29 +0530     1.   CHUNAPPA S/O. YELLAPPA GONI
                        AGE: 21 YEARS, OCC: AGRICULTURIST AND COOLIE,
                        R/O. PAMALADINNI, TQ: GOKAK, DIST: BELAGAVI.

                   2.   YALLAPPA S/O. BHIMAPPA SAMAPAGAR
                        AGE: MAJOR, OCC: AGRICULTURIST,
                        R/O. PAMALADINNI, TQ: GOKAK, DIST: BELAGAVI,
                        (OWNER OF THE TRACTOR TRAILER
                        NO.KA-23/T2264 AND KA 49/T4986).
                                                                 ...RESPONDENTS
                   (BY SRI. HARISH S.MAIGUR, ADVOCATE FOR R1;
                       NOTICE TO R2 IS SERVED)
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                                NC: 2024:KHC-D:16468-DB
                                MFA No. 100254 of 2021
                            C/W MFA.CROB No. 100011 of 2023




     THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2020
PASSED IN MVC NO.272/2019 ON THE FILE OF THE XII ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK,
AWARDING COMPENSATION OF Rs.30,62,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.


IN MFA CROB NO.100011 OF 2023:
BETWEEN:
CHUNAPPA S/O. YALLAPPA GONI
AGE: 21 YEARS, OCC: AGRICULTURE AND COOLIE,
NOW NIL, R/O. PAMALADINNI,
TQ: GOKAK, DIST: BELAGAVI.
                                         ...CROSS-OBJECTOR
(BY SRI. HARISH S. MAIGUR, ADVOCATE)

AND:
1.   YALLAPPA BHIMAPPA SAMPAGAR
     AGE: MAJOR, OCC: AGRI,
     R/O. PAMALADINNI, TQ: GOKAK,
     DIST: BELAGAVI-591231.
2.   NATIONAL INSURANCE COMPANY LTD.,
     THROUGH SENIOR DIVISIONAL MANAGER,
     1ST FLOOR PRABHU BUILDING, RAMADEV GALLI,
     BELAGAVI.
                                             ...RESPONDENTS
(BY SRI. N.R.KUPPELUR, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)

      THIS MFA.CROB IN MFA NO.100254/2021 IS FILED UNDER
ORDER 41 RULE 22 OF C.P.C., READ WITH SECTION 173(1) OF
MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED
15.07.2020 PASSED IN MVC NO. 272/2019 ON THE FILE OF THE XII
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING
AT GOKAK, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL AND CORSS OBJECTION, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:    THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
          AND
          THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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                                        NC: 2024:KHC-D:16468-DB
                                        MFA No. 100254 of 2021
                                    C/W MFA.CROB No. 100011 of 2023




                           ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

M.F.A. No.100254/2021 is filed by the insurance company

and M.F.A. CROB. No.100011/2023 is filed by the claimant

under Section 173(1) of Motor Vehicles Act, 1988 [for short,

'the Act'] challenging the judgment and award dated

15.07.2020 passed by the learned XII Addl. District and

Sessions Judge, Belagavi, sitting at Gokak in M.V.C.

No.272/2019 [for short, 'the Tribunal'], whereby the Tribunal

granted compensation of Rs.30,62,000/- with an interest at 6%

per annum from the date of petition till its realization.

2. For the sake of convenience, the parties are

referred to as per their rankings before the Tribunal.

3. Brief facts of the case before the Tribunal are as

under:

The claimant filed a claim petition under Section 166 of

the Act before the Tribunal seeking compensation on account of

the injuries sustained by him in a road traffic accident that took

place 21.12.2018 at about 03:00 p.m., when the claimant was

proceeding on Iralatti Pamaldinni road on its southern side. At

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C/W MFA.CROB No. 100011 of 2023

that time a tractor bearing registration No.KA-23/T-2264

attached with a trailer bearing No.KA-49/T-4896 coming from

his behind dashed to him. Due to the impact, the petitioner fell

down and sustained crushed injury to his left leg at ankle and

foot. He was immediately shifted to the hospital for treatment.

4. The Tribunal considering the oral and documentary

evidence on record at Exs.P1 to P41 and evidence of PW1 and

PW2, granted total compensation of Rs.30,62,000/- with

interest at 6% per annum from the date of petition till its

realization.

5. Heard the learned counsel for the appellant -

Insurance Company and claimants.

6. Learned counsel for the Insurance Company

contended that the Tribunal has committed an error in granting

exorbitant compensation of Rs.4,00,000/- each for purchase of

artificial leg and for loss of marriage prospects. Having regard

to the nature of injuries, the fractures and amputation, the

compensation awarded under these two heads is highly

excessive and the same requires to be reduced. The counsel

further contended that the Tribunal has committed error in

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C/W MFA.CROB No. 100011 of 2023

granting exorbitant compensation of Rs.3,00,000/- towards loss

of amenities ignoring the fact that substantial amount of

compensation is already been awarded under the head loss of

earning capacity. Therefore, the compensation awarded

towards loss of amenities requires to be reduced. Further, the

Tribunal committed an error in granting exorbitant

compensation under the head loss of future earning capacity by

taking the whole body functioning disability at 85% and

monthly income at Rs.9,000/-. As per the schedule of

provisions of Workmen's compensation Act for amputation of

one leg above knee, the permanent loss of earning capacity

would be 70%, but Tribunal has wrongly taken 85% and

awarded higher compensation. Hence, the counsel prayed to

allow the appeal filed by the insurance company.

7. Learned counsel for the claimant contended that the

Tribunal has committed an error in taking the income at

Rs.9,000/- per month though there is sufficient evidence on

record which clearly discloses that the claimant was an

agriculturist and coolie and was earning Rs.15,000/- per

month. Further the Tribunal considered the permanent physical

disability of the claimant at 85% which is on lower side. In fact,

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C/W MFA.CROB No. 100011 of 2023

the Tribunal ought to have considered permanent physical

disability at 100%. Further, the Tribunal has not granted 40%

future prospects to the income of the claimant and the Tribunal

has not granted future attendant charges and the Tribunal has

not granted fair and reasonable compensation under the head

loss of pain and sufferings, loss of amenities, marriage

prospects, loss of income during laid up period. Hence, the

counsel prayed to allow the cross objection.

8. As there is no dispute regarding the injuries

sustained by the claimant in the road traffic accident that

occurred on 21.12.2018 at 03:00 p.m. when the claimant was

proceeding on Iralatti Pamaldinni road on its southern side, the

driver of the tractor bearing registration No.KA-23/T-2264 and

the trailer bearing registration No.KA-49/T-4896 came from

hind side and dashed to the claimant. Hence, his left leg was

crushed at ankle and his left leg has been amputated above

knee. Hence, the only point that arises for our consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and appropriate or does it call for any interference or reduction?"

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C/W MFA.CROB No. 100011 of 2023

9. After hearing both the learned counsel for the

parties and perusing the judgment and award of the Tribunal,

we are of the view that the compensation awarded by the

Tribunal is just and reasonable and it is on lower side and

hence, it is required to be enhanced.

10. As per Ex.P3 - wound certificate, Ex.P7 - discharge

certificate and Ex.P8 - disability certificate, the claimant

suffered amputation above the knee. In order to establish this

aspect, the claimant examined himself on oath as PW1 and in

support of his oral evidence, he examined the treated doctor,

PW2 - Dr.G.S.Umarani. As per the opinion of the Doctor, the

claimant suffered amputation above knee. In this case, as per

the disability certificate, the claimant suffered 100% disability,

but the Tribunal considered functional disability at 85%. As per

the schedule I of the Employees' Compensation Act, 1923, for

the amputation at hip, 90% disability can be taken into

consideration while assessing loss of earning capacity and the

same has to be increased from 85% to 90%.

11. So far as the income is concerned, the Tribunal

considered the income of the claimant at Rs.9,000/- per month.

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C/W MFA.CROB No. 100011 of 2023

As per the chart issued by the Karnataka State Legal Services

Authority and High Legal Services Committee, for the accident

of the year 2018, the notional income would be considered at

Rs.11,750/- per month. Further the Tribunal has not considered

future prospects. As on the date of accident, the age of the

claimant was 19 years. Hence, he is entitled for 40% future

prospects and the multiplier applicable to that age group is 18.

Accordingly, the loss of income of the claimant is reassessed as

under:

Rs.11,750 X 12 X 18 X 90% + 40% = 31,97,880/-

12. The Tribunal granted a sum of Rs.1,58,826/-

towards medical expenses which is fair and reasonable. Hence,

no interference is called for in that regard.

13. The Tribunal granted compensation of

Rs.4,00,000/- in respect of artificial leg which is on higher side

and the same is reduced to Rs.2,00,000/-.

14. The Tribunal granted Rs.4,00,000/- towards

marriage prospects of the claimant which is on higher side.

Accordingly, the same is reduced to Rs.2,00,000/-.

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C/W MFA.CROB No. 100011 of 2023

15. The Tribunal granted compensation of

Rs.3,00,000/- in respect of loss of amenities which is on higher

side. The same is reduced to Rs.2,00,000/-.

16. The Tribunal granted compensation of Rs.50,000/-

under the head pain and sufferings which is on lower side.

Considering the nature of injuries sustained by the claimant, it

is just and necessary to enhance the same to Rs.2,00,000/-.

17. The Tribunal granted compensation of Rs.45,000/-

under the head loss of income during laid up period which is on

lower side. Considering the income of the claimant at

Rs.11,750/- X 5 months = Rs.58,750/- is granted under the

said head. Further, the claimant is entitled for Rs.60,000/-

under the head attendant, nourishment and conveyance etc.

18. Thus, the claimant is entitled to the re-assessed

compensation as follows:

 Loss of future income                                 Rs.31,97,880/-
 Medical expenses                                        Rs.1,58,826/-
 For purchasing artificial leg                           Rs.2,00,000/-
 Loss of marriage prospects                              Rs.2,00,000/-
 Loss of amenities                                       Rs.2,00,000/-
 Pain and sufferings                                     Rs.2,00,000/-
 Income during laid up period                              Rs.58,750/-
 Attendant, nourishment and conveyance                     Rs.60,000/-
                Total                                 Rs.42,75,456/-
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                                  C/W MFA.CROB No. 100011 of 2023

19. Accordingly, the point for consideration is answered

partly in the affirmative. In the result, we pass the following:

ORDER

a) The appeal and the cross objection are allowed in

part.

b) The judgment and award of the Tribunal is modified.

c) The claimant is entitled to a total compensation of

Rs.42,75,456/-.

d) The Insurance Company is directed to deposit the

compensation amount along with interest

at 6% per annum from the date of filing of the claim

petition till the date of realization, within a period of

six weeks from the date of receipt of copy of this

judgment.

e) The Tribunal is directed to release 50% of the

compensation amount in favour of the claimant on proper

identification. Remaining 50% shall be kept in fixed