Karnataka High Court
The Manager United India Insurance Co. ... vs Sri D T Manjunatha on 14 November, 2024
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NC: 2024:KHC:46269
MFA No. 7833 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.7833 OF 2022(MV-I)
BETWEEN:
THE MANAGER,
UNITED INDIA INSURANCE CO. LTD
BRANCH OFFICE, P. B. NO.114,
REP BY ITS DIVISIONAL MANAGER,
CRESCENT COURT, K. M. ROAD,
CHIKKAMAGALUR, PINCODE-577101.
...APPELLANT
(BY SRI. RAVISH BENNI, ADVOCATE)
AND:
1. SRI. D. T. MANJUNATHA,
S/O THAMMAIAH,
AGED ABOUT 36 YEARS,
COOLIE WORK,
R/O DODDINATHALE,
Digitally signed
by AASEEFA KUSUBURU VILLAGE,
PARVEEN N R PURA AND TALUK,
Location: HIGH CHIKMAGALUR DIST-577 134.
COURT OF 2. SRI. KRISHNA POOJARI,
KARNATAKA
S/O ITHA POOJARI,
AGED ABOUT 50 YEARS,
COOLIE WORK,
R/O. SHANKARAPURA,
MUTTHINAKOPPA VILLAGE,
N R PURA AND TALUK,
CHIKMAGALUR DIST-577 134.
...RESPONDENTS
(BY SRI. RAJENDRA K. R., ADVOCATE FOR R1;
R2- NOTICE DISPENSED WITH, V/O. DATED 22.11.2022)
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NC: 2024:KHC:46269
MFA No. 7833 of 2022
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.07.2022 PASSED IN
MVC NO.21/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, N R PURA, AWARDING COMPENSATION OF
RS.5,06,660/- WITH INTEREST AT 9 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION OF COMPENSATION.
THIS APPEAL, COMING ON FOR DICTATING JUDGMENT,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Raveesh Benni, learned counsel for appellant as
well Ms.Sushmitha K., learned counsel who represents
Sri.Rajendra K.R., learned counsel for respondent No.1.
2. Challenge in this appeal is the order that is
rendered by the Motor Accidents Claims Tribunal, N.R. Pura, in
MVC No.21/2021 dated 18.07.2022. The Tribunal through the
impugned order awarded a sum of Rs.5,06,660/- as
compensation divided under the following heads:
Sl. Heads of compensation Amount in
No Rs.
1 Pain and agony 40,000-00
2 Medical expenses 19,500-00
3 Food attendant,
conveyance, nourishment
9,000-00
and other incidental
charges etc.,
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4 Loss of income during laid 33,000-00
up period
5 Loss of future income 3,80,160-00
6 Loss of amenities of life 25,000-00
Total 5,06,660-00
3. The only grievance of the appellant as projected by
its counsel Sri.Raveesh Benni is that the disability as assessed
by CW1 is 23% in respect of right lower limb and therefore
1/3rd of the same has to be taken towards the whole body
disability, but the Tribunal took the permanent disability in
respect of whole body as 18% which is improper. Learned
counsel seeks the Court to pass necessary orders.
4. Ms.Sushmitha representing respondent No.1 on the
other hand contends that respondent No.1/claimant sustained
head injury and therefore the disability assessed by the
Tribunal is proper.
5. CW1 assessed the disability as 23% in respect of
right lower limb. No assessment whatsoever is made regarding
the disability of respondent No.1/claimant due to head injury.
Therefore, the submission made by learned counsel for
respondent No.1 in this regard cannot be considered.
NC: 2024:KHC:46269
6. Having regard to the fact that the disability in
respect of particular limb as deposed by CW1 is 23%, this Court
is of the view that there is justification in the point projected by
the appellant that the disability in respect of whole body is
required to be taken as 8%. Thus, taking the disability in
respect of whole body as 8% and without disturbing the other
parameters, the compensation which the respondent
No.1/claimant is entitled to under the head loss of future
earnings due to permanent physical disability in respect of
whole body is Rs.1,68,960/- (Rs.11,000/- x 12 x 16 x 8%).
7. The Tribunal through the impugned order awarded
a sum of Rs.3,80,160/- towards loss of future income. Thus,
the income awarded in excess is Rs.2,11,200/-. Therefore, the
compensation which the respondent No.1/claimant is entitled to
is Rs.2,95,460/- in total (Rs.5,06,660/- - Rs.2,11,200/-).
8. Thus, the appeal is disposed of with the following
ORDER
i) The appeal is allowed in part.
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ii) The compensation that is granted by the Motor
Accidents Claims Tribunal, N.R. Pura through orders in MVC
No.21/2021 dated 18.07.2022 is decreased from Rs.5,06,660/-
to Rs.2,95,460/-.
iii) The amount, if any, in deposit be transmitted to the
concerned Tribunal immediately.
Interlocutory Applications, if any is pending, stands
closed.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
