Karnataka High Court
D Ravi Kumar vs D Rajendra Prasad And Anr on 15 November, 2024
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NC: 2024:KHC-K:8521
MFA No. 200386 of 2022
C/W MFA.CROB No. 200096 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 200386 OF 2022 (MV-D)
C/W
MFA CROSS OBJ NO. 200096 OF 2023
IN MFA NO. 200386/2022
BETWEEN:
THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO.LTD
DIVISIONAL OFFICER,
OPP. KADAM FACTORY,
GUNJ ROAD,
RAICHUR.
NOW REPRESENTED BY THE
THE DIVISIONAL MANAGER
Digitally signed by NATIONAL INSURANCE CO.LTD,
RENUKA
BILGUNDI COMPLEX,
Location: HIGH
COURT OF OPP MINI VIDHAN SOUDHA,
KARNATAKA KALABURAGI
DIST. KALABURAGI-585 101.
...APPELLANT
(BY SRI. SANJAY M. JOSHI, ADVOCATE)
AND:
1. MR. D. RAVI KUMAR
AGE: 29 YRS,
OCC: CAR DRIVER,
R/O. BANGARI CAMP
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MFA No. 200386 of 2022
C/W MFA.CROB No. 200096 of 2023
I.E. VENKATAGIRICAMP
TQ. SINDHANUR,
DIST. RAICHUR-584 101.
2. D. RAJENDRA PRASAD
S/O. SUBBARAO
AGE: 63,
OCC: DRIVER CUM OWNER OF
MARUTI SWIFT BEARING REG NO.
KA 36/N2799, TQ. MANVI,
DIST-RAICHUR,
NOW R/O. JOLADARASJ
ADARSHA COLONY, SINDHANUR-584 103.
...RESPONDENTS
(BY SRI. MAHANTESH PATIL, ADVOCATE FOR R1; V/O. DTD:
18.09.2024 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, PRAYING
TO, CALL FOR THE ENTIRE RECORDS IN IMPUGNED JUDGMENT
AND AWARD OF THE COURT OF THE SENIOR CIVIL JUDGE AND
JMFC AT SINDHANUR IN MVC NO. 21/2016 DECIDED ON
11.11.2020 BY GRANTING A COMPENSATION OF RS. 12,28,000
TO THE ORIGINAL PETITIONER, WITH INTEREST THEREON AT
9% AND MODIFY THE JUDGMENT AND AWARD AND REDUCE
THE SAME BY RS. 6,00,000/-.
IN MFA CROSS OBJ. NO. 200096 OF 2023
BETWEEN:
MR. D. RAVI KUMAR
S/O. SHRIHARI AGE: ABOUT 31 YEARS,
OCC: CAR DRIVER,
RESIDENCE OF BANGARI CAMP
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MFA No. 200386 of 2022
C/W MFA.CROB No. 200096 of 2023
I.E. VENKATAGIRI CAMP,
TALUK SINDHANUR, DISTRICT-RAICHUR.
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
AND:
1. D. RAJENDRA PRASAD
S/O. SUBBARAO,
AGE: 65 YEARS,
OCC: DRIVER CUM OWNER
OF VEHICLE MARUTI SWIFT (VDI)
CAR BEARING NO. KA-36/N-2799,
RESIDENCE OF AMARESHWARA CAMP,
TQ. MANVI, DISTRICT-RAICHUR,
NOW AT JOLADARARASH LAYOUT,
ADARSH COLONY, SINDHANUR,
DISTRICT RAICHUR-584 101.
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD;
DIVISIONAL OFFICER,
OPPOSITE KADAM FACTORY,
GUNJ ROAD, RAICHUR-584 101.
...RESPONDENTS
(BY SRI. SANJAY M. JOSHI, ADVOCATE FOR R2; V/O. DTD:
18.09.2024 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA.CROB IS FILED U/O. XLI RULE 22 R/W SEC.
151 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO, ALLOW
THIS CROSS OBJECTIONS BY MODIFYING THE JUDGMENT AND
AWARD DATED 11-11-2020 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND JMFC AT SINDHANUR IN MVC NO. 21/2016,
BY ENHANCING THE COMPENSATION AS CLAIMED IN THE
CLAIM PETITION, CONSEQUENTLY DISMISS THE
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MFA No. 200386 of 2022
C/W MFA.CROB No. 200096 of 2023
MISCELLANEOUS FIRST APPEAL FILED BY THE FIRST-
RESPONDENT HEREIN.
THESE APPEALS, COMING ON FOR FURTHER HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
These two appeals are filed by Insurance Company
and claimants. MFA No.200386/2022 is filed by Insurance
Company seeking reduction in the quantum determined by
Tribunal and MFA Crob. 200096/2023 is filed by claimants
seeking enhancement of compensation.
2. For the sake of brevity, ranks of parties are
referred to as per their ranking before Trial Court.
3. Claimant met with an accident on 23.02.2015.
In the said accident, claimant sustained fracture of right
leg below knee with posterior dislocation of right hip.
Claimant claimed that he was admitted and treated as
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C/W MFA.CROB No. 200096 of 2023
inpatient for 17 days and underwent surgeries on two
occasions and rods and clips are inserted. Claimant
asserted that he has undergone treatment at Arunodaya
Hospital, Bellary. Claim petition is filed by specifically
contending that claimant being a driver by profession is
not in a position to resume his job as a driver and hence,
claimed compensation to substantiate his disability and
inability to work post accident. Claimant examined the
doctor as PW-3 and relied on disability certificate, marked
as Ex.P-27.
4. Tribunal having examined the medical evidence,
assessed the income of the claimant notionally at
Rs.6000/- and has awarded Rs.6,48,000/- towards future
loss of earning. In all Rs.12,28,000/- is awarded.
5. Heard counsel for Insurance Company and the
counsel appearing for claimant and perused the records.
6. Medical records clearly reveal that claimant has
suffered dislocation of hip and fracture to the right leg
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C/W MFA.CROB No. 200096 of 2023
below the knee. Though, PW-3 is not a treated doctor,
however, on clinical examination he has issued a disability
certificate indicating that claimant has a disability, which is
permanent in nature about 60% to the whole body. In the
disability certificate, doctor has clearly opined that
claimant finds difficulty in squatting, cross leg sitting and
brisk walking. Records reveal that Insurance Company has
not seriously disputed claimant's avocation.
7. The short point that needs consideration is, as
to whether Tribunal was justified in assessing the disability
of claimant at 50%, which is contrary to medical evidence.
This Court is of the view that since, doctor has specifically
opined that appellant has 60% disability to the whole
body, Tribunal clearly lacked expertise to reduce it to 50%
as contrary to medical evidence. This court is also of the
view that Tribunal erred in notionally assessing the income
of claimant at Rs.6,000/-. In absence of income proof, this
Court is inclined to rely on income chart prepared by
Karnataka State Legal Services Authority. Accident is of
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C/W MFA.CROB No. 200096 of 2023
the year 2015 and therefore, as per income chart, income
of the claimant is notionally assessed at Rs.8,000/-. The
medical evidence clearly substantiates that claimant has
suffered permanent disability amounting to 60% to the
whole body. If income is notionally assessed at Rs.8,000/-
and 60% disability is accepted, loss of future earning on
account of permanent disability works out to
Rs.10,36,800/- (8,000 x 12 x 18 x 60%).
8. Medical expenses awarded to the tune of
Rs.1,86,000/-, remains undisturbed. Claimant was hardly
aged 24 years, when the accident occurred. He is
examined in 2017 by PW-3. Even after a lapse of 3 years,
Doctor has opined that he finds difficulty in brisk walking,
he is unable to squat and complains difficulty while cross
leg sitting. Having regard to the fact that claimant has
suffered dislocation of hip and fracture right leg, this Court
deems it fit to grant Rs.50,000/- towards pain and
suffering and Rs.30,000/- towards loss of amenities.
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C/W MFA.CROB No. 200096 of 2023
9. Having regard to the gravity of injuries, this
Court is of the view that claimant being operated twice, is
entitled for compensation for six months, towards laid up
period. Accordingly, by notionally assessing income at
Rs.8,000/-, a sum of Rs.48,000/- is awarded. Records
reveal that claimant was treated as inpatient for a period
of 17 days. Having regard to the fact that accident is of
the year 2015, a sum of Rs.25,000/- is awarded under the
head of Diet, traveling and miscellaneous expenses. Total
compensation works out to Rs.13,75,800/- as against
Rs.12,28,000/-.
Heads of Amount
Compensation
Loss of future Rs.10,36,800/-
earning
Medical expenses Rs.1,86,000/-
Pain an Suffering Rs.50,000/-
Amenities Rs.30,000/-
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C/W MFA.CROB No. 200096 of 2023
Loss of income Rs.48,000/-
during laid up period
Diet, Traveling and Rs.25,000/-
Miscellaneous exp.
Total Rs.13,75,800/-
10. For the foregoing reason stated supra, this
Court passes the following order:
ORDER
i. MFA No.200386/2022 filed by the
Insurance Company dismissed.
ii. MFA Crob No.200096/2023 filed by
claimant is allowed in part.
iii. Claimant is entitled for enhanced
compensation of Rs.1,47,800/- with
interest at the rate of 6%, from the date
of petition, till realization of entire
compensation amount.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
List No.: 1 Sl No.: 2 CT-SW
