Karnataka High Court
Hampamma @ Hampakka vs M Thippeswamy on 12 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:45990
MFA No. 7784 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.7784 OF 2019(MV-I)
BETWEEN:
1. HAMPAMMA @ HAMPAKKA
W/O. PEETLAPPA
AGE 43 YEARS
OCC: BETAL LEAVE MERCHANT
OCC:HOUSE HOLD WORK
AT PRESENT R/O. NAYAKANAHATTI VILLAGE
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
...APPELLANT
(BY SRI R. SHASHIDHARA, ADVOCATE)
AND:
1. M. THIPPESWAMY
S/O. GOORE MUTHAPPA
Digitally
signed by AGE 43 YEARS
KIRAN DRIVER OF S.R.C.
KUMAR R
Location: BUS BEARING NO.AKA-17/A-4898
HIGH COURT
OF R/O. MUTHAIAHNAHTTY VILLAGE
KARNATAKA CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
2. SYED ANWAR
S/O. SYED OBEDULLA
AGE 49 YEARS
OWNER OF S.R.E.
BUS BEARING NO.KA-17/A-4898
R/O. NAYAKANAHATTY VILLAGE
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
-2-
NC: 2024:KHC:45990
MFA No. 7784 of 2019
3. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE, MELAGIRI
PLAZA, OPP: DENTAL COLLEGE
M.C.C. B BLOCK, DAVANAGERE-577 001.
...RESPONDENTS
(BY SRI A. N. KRISHNASWAMY, ADVOCATE FOR R-3;
VIDE ORDER DATED 31/5/2024, NOTICE TO
R-1 & R-2 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 07.12.2018
PASSED IN MVC NO.639/2017 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE & V ADDITIONAL MACT,
DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.1,60,200/-, the claimant is in this appeal seeking
enhancement.
2. The occurrence of the accident and the liability to
pay compensation by the Insurer are not in dispute.
NC: 2024:KHC:45990
3. The Tribunal has come to the conclusion that the
claimant has suffered disability to the extent of 6%
and has chosen to disregard the evidence of the
doctor who has stated that the claimant had suffered
the disability at 18% to the left upper limb. In my
view, since the claimant did suffer a fracture of left
clavicle, greater tuerosity of left humerus, it would
be appropriate to assess the whole body disability at
10% as against 6%.
4. The Tribunal has taken the notional income of the
claimant as Rs.9,000/-, since there was no evidence
to that effect. As the Karnataka State Legal Services
Authority has determined the notional income as
Rs.9,500/- for the accident of the year 2016, it would
be appropriate to determine the notional income of
the claimant at Rs.9,500/-.
5. Since the claimant was aged 40 years, the
appropriate multiplier would be '15'. Consequently,
the claimant would be entitled to a sum of
NC: 2024:KHC:45990
Rs.1,71,000/- (Rs.9,500/- X 12 X '15' X 10%)
towards 'loss of future earnings'.
6. The Tribunal has awarded a sum of Rs.25,000/-
towards 'pain and suffering' and Rs.20,000/-
towards 'loss of amenities, conveyance, food,
nourishment and attendant charges'. In my view,
since the claimant has suffered fracture of left
clavicle and greater tuerosity of left humerus, it
would be appropriate to enhance the compensation
to Rs.50,000/- under the head 'pain and suffering'
and Rs.40,000/- towards 'loss of amenities'.
7. The Tribunal has treated the laid-up period as two
months. In my view, it would be appropriate to treat
the laid-up period as three months and award a sum
of Rs.28,500/-
8. Since the claimant was hospitalized for 7 days, in my
view, it would be appropriate to award a sum of
NC: 2024:KHC:45990
Rs.15,000/- towards 'conveyance, food and
attendant charges'.
9. Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
As awarded As awarded
Sl. by the by this
Compensation under Tribunal Court
No. different Heads
(Rs.) (Rs.)
1. Pain and sufferings 25,000/- 50,000/-
Loss of future 97,200/- 1,71,000/-
2.
earnings
Loss of income 18,000/- 28,500/-
3. during the laid up
period
Conveyance, 15,000/-
4. nourishment and
nutritious food 20,000/-
Loss of amenities in 40,000/-
5.
life
Total 1,60,200/- 3,04,500/-
10. Accordingly, the claimant is held entitled to a
compensation of Rs.3,04,500/- as against
NC: 2024:KHC:45990
Rs.1,60,200/- along with interest at the rate of 6%
p.a. on the enhanced amount from the date of
petition till its realisation.
11. The Insurance Company is directed to deposit the
amount of compensation awarded within two months
from the date of receipt of a certified copy of this
judgment.
12. The other aspects of the Award of the Tribunal
remain undisturbed.
13. This appeal is, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
