Karnataka High Court
Lalsab Bapusab Kuchbal vs The Managing Director on 16 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:14976-DB
MFA No. 102090 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.102090 OF 2017 (MV-I)
BETWEEN:
LALSAB BAPUSAB KUCHBAL
AGE: 46 YEARS, OCC: DRIVER (NOW NIL),
R/O: HOUSE NO.12, PDA COLONY, CORLIM IILHAS
TISWADI, GOA, PRESENTLY R/O: 195, SYNDICATE BANK
COLONY, ANGOL, BELAGAVI-590006.
...APPELLANT
(BY SRI. YASH R. NADAKARNI, ADVOCATE FOR
SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR, VRL, LOGISTICS LTD.,
REGISTERED AND ADMINISTRATIVE OFFICE,
NH-4, BENGALURU ROAD, VARUR, HUBBALI-581207.
2. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LTD.,
Digitally signed by
BHARATHI H M
HAVING OITS DIVISIONAL OFFICE AT 3933/B2,
Location: HIGH
COURT OF MOODALAGI BUILDING, 2ND FLOOR, CLUB ROAD,
KARNATAKA
DHARWAD BENCH
Date: 2024.10.24
BELAGAVI-590001.
10:32:29 +0530
...RESPONDENTS
(BY SRI. HANUMANTH REDDY SAHUKAR, ADVOCATE FOR R1;
SRI. M.K.SOUDAGAR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECITON 173(1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED
31.12.2016 PASSED IN MVC NO.2113/2015 ON THE FILE OF THE X-
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER MOTOR
ACCIDENTS CLAIM TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-D:14976-DB
MFA No. 102090 of 2017
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant challenging the judgment dated
31.12.2016 passed by the X Addl. District and Sessions
Judge and Member Addl. MACT, Belagavi in MVC
No.2113/2015.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 26.04.2015 when the claimant was
proceeding as a driver in his Ashok Leyland Goods Truck
bearing registration No.GA-02/T-9241 from Hubballi to
Goa at about 06:30 hours. When he reached near Belagavi
Panaji (NH4A) road, at that time, the driver of the Ashok
Leyland truck bearing registration No.KA-25/B-8495 came
from Goa to Ramnagar driven by its driver in a rash and
negligent manner dashed to the claimant's goods truck
NC: 2024:KHC-D:14976-DB
from opposite direction and caused the accident. Due to
the said impact, the claimant sustained grievous injuries.
After recovering from the injuries, the claimant filed claim
petition under Section 166 of the Act before the MACT,
Belagavi.
3. Upon service of notice, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
4. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The Tribunal, by impugned judgment and
award has partly allowed the claim petition and held that
the claimant is entitled to a compensation of Rs.3,36,450/-
along with interest at the rate of 6% p.a. and directed the
respondent No.2 to deposit the compensation amount
NC: 2024:KHC-D:14976-DB
along with interest. Being aggrieved, the present appeal
has been filed.
5. The learned counsel for the claimant has contended
that due to the accident, the claimant has suffered
grievous injuries. He has examined the Doctor S.R.Angadi
as P.W.2. In his evidence, he has deposed that the
claimant has suffered 25% in the left shoulder joint due to
fracture left clavicle bone and 15% in the right shoulder
joint due to fracture 5th, 6th and 7th ribs in the right side of
the chest and 10% due to fracture of left nasal bone. The
Tribunal has assessed whole body disability as 13% which
is on lower side.
6. Secondly he has contended that due to that accident,
claimant has suffered grievous injuries and was in-patient
for a period of 9 days. He has suffered lot of pain during
treatment. He has to suffer the disability and unhappiness
throughout his life. Considering the injury suffered by the
claimant, the compensation awarded by the Tribunal for
NC: 2024:KHC-D:14976-DB
pain and sufferings, loss of amenities and other incidental
expenses is on lower side. Hence, he sought for
enhancement of the compensation. With the above
contentions, the learned counsel sought to allow the
appeal.
7. On the other hand, the learned counsel for the
Insurance Company has contended that the Tribunal after
considering the evidence of Doctor and medical records
has rightly assessed the whole body disability at 13%. It is
further contended that considering the evidence of the
Doctor PW2 and considering the certified copy of wound
certificate at Ex.P5 and discharge summary at Ex.P11, the
Tribunal has granted just and reasonable compensation for
pain and sufferings, loss of amenities and other incidental
expenses and the overall compensation awarded by the
Tribunal is just and reasonable. Hence, with the above
contentions, the learned counsel sought to dismiss the
appeal.
NC: 2024:KHC-D:14976-DB
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has suffering an
injury in a road traffic accident that occurred on
26.04.2015 due to rash and negligent driving of the driver
of the truck bearing registration No.KA-25/B-8495, due to
that accident the claimant has suffered fracture of left
clavicle bone and fracture of left nasal bone. The claimant
has examined the Doctor as PW2. In his evidence, he has
deposed that the claimant has suffered total permanent
physical disability to the extent of 25% in the left shoulder
joint due to fracture left clavicle bone and 15% in the right
shoulder joint due to fracture 5th, 6th and 7th ribs in the
right side of the chest and 10% due to fracture of left
nasal bone. Considering the evidence of Doctor PW2,
medical records, we are of the opinion that whole body
disability has to be assessed at 15%. The Tribunal has
rightly assessed the monthly income of the claimant as
Rs.10,000/- per month. The multiplier applicable to that
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age group is 14. Accordingly, loss of future earning due to
disability has been reassessed as follows:
Rs.10,000/- X 12 X 14 X 15 = Rs.2,52,000/-
10. Due to that accident, the claimant has suffered
grievous injuries. He was in-patient for a period of 9 days.
He has suffered lot of pain and he has to suffer the
disability and unhappiness throughout his life. Considering
the evidence of Doctor and injury suffered by the claimant,
we are inclined to enhance the compensation for pain and
sufferings from Rs.20,000/- to Rs.60,000/- and the
compensation awarded by the Tribunal under other heads
are just and reasonable.
11. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this Court
Compensation
Tribunal
under different (Rs.)
Heads (Rs.)
Towards loss of future Rs.2,18,400/- Rs.2,52,000/-
NC: 2024:KHC-D:14976-DB
income
Towards pain and Rs.20,000/- Rs.60,000/-
sufferings
Towards medical Rs.58,050/- Rs.58,050/-
expenses
Towards loss of Rs.20,000/- Rs.20,000/-
income during laid up
period
Towards food, Rs.20,000/- Rs.20,000/-
nutrition and
attendant charges
Total 3,36,450/- Rs.4,10,050/-
12. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.4,10,050/-.
d) The Insurance Company is directed to deposit the
compensation amount along with interest
@ 6% p.a. from the date of filing of the claim
petition till the date of realization, within a period of
NC: 2024:KHC-D:14976-DB
six weeks from the date of receipt of copy of this
judgment.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RSH / Ct:VH
