Karnataka High Court
Dhanyakumar vs Chiranjeevi K on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42567
MFA No. 2537 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 2537 OF 2020
BETWEEN:
1. DHANYAKUMAR
S/O KATAPPA, AGED 23 YERS,
OCC BAKERY WORK AT DAVANAGERE, R/AT
THORANAGATTE VILALGE,
JAGALURU TALUK 577528,
DAVANAGERE DISTRICT.
...APPELLANT
(BY SRI. R SHASHIDHARA., ADVOCATE)
AND:
1. CHIRANJEEVI K
S/O KOTRESH @ KOTRESHAPPA K H,
AGED ABOUT 23 YEARS,
OCC DRIVER OF THE TRACTOR TRAILER,
Digitally BEARING NO.KA-16/TQ-5900 AND
signed by KA-16 T-2451, R/AT KALAGEE VILALGE,
KIRAN
KUMAR R CHITRADURGA TALUK AND DISTRICT 577501.
Location:
HIGH COURT 2. M KOTRESH
OF
KARNATAKA S/O HANUMANTHAPPA,
AGED 47 YEARS,
OWNER OF THE TRACTOR
TRAILER BEARING NO.KA-16/TQ-5900 AND
KA-16/T-2451, R/AT NO.55, KALAGERE VILLAGE
CHITRADURGA TALUK AND DISTRICT 577501.
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO LTD
DIVISIOAL OFFICE, MEALGIRI PLAZA,
OPP. DENTAL COLLEGE, MCC B BLOCK,
-2-
NC: 2024:KHC:42567
MFA No. 2537 of 2020
DAVANAGERE 577001.
4. MAHALINGAPPA P N
S/O NINGAPPA P, AGED 32 YEARS,
DRIVER OF THE AUTORIKSHAW
BERING NO.KA-17/D-0381,
PARMAMENT R/O THORANAGATTE VILLAGE,
JAGALURU TALUK 577528,
DAVANAGERE DISTRICT.
5. SUVARNAMMA, W/O KATAPPA,
AGED ABOUT 47 YEARS,
OWNER OF AUTORIKSWAW BEARING,
NO.KA-17/D-0381,
PERMANENT R/O THORANAGATTE VILLAGE,
JAGALURUTALUK 577528,
DAVANAGERE DISTRICT.
6. THE LEGAL MANAGER
CHOLAMANDALAM M S GENERAL
INSURANCE COMPANY LTD,
DESAI CROSS,
HUBLI 580024
...RESPONDENTS
(BY SRI. B.C.SEETHARAMA RAO., ADVOCATE FOR R-3;
VIDE ORDER DATED:31.01.2023, NOTICE TO R-1, R-2,
R-4 TO R-6 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 13.09.2019
PASSED IN MVC NO.489/2018 ON THE FILE OF THE
ITINERARY SENIOR CIVIL JUDGE, JAGALUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
-3-
NC: 2024:KHC:42567
MFA No. 2537 of 2020
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.7,85,139/-, the claimant is in appeal seeking
enhancement.
2. The occurrence of the accident and the liability to
pay compensation by the Insurer are not in dispute.
3. The Tribunal, after considering the evidence of the
Doctor, who has stated that the claimant has suffered
disability to the extent of 25% to the particular limb, has
assessed the disability at 18% to the whole body. In my
view, this assessment of disability by the Tribunal cannot
be found fault with.
4. The Tribunal has taken the notional income of the
claimant as Rs.9,000/-, since there was no evidence to
that effect. In such circumstances, since the accident is of
the year 2018, it would be appropriate to adopt the
notional income determined by the Karnataka State Legal
Services Authority for the accident of the year 2018, which
NC: 2024:KHC:42567
would be Rs.12,500/-. Thus, the claimant would be
entitled for Rs.4,86,000/- (Rs.12,500/- X 12 X 18 X 18%)
towards loss of future earnings.
5. The Tribunal has awarded a sum of Rs.50,000/-
towards pain and sufferings, which, in my view, requires
to be marginally enhanced to Rs.60,000/-.
6. The Tribunal has not awarded loss of amenities under
separate head, instead it has awarded a sum of
Rs.40,000/- towards loss of amenities, conveyance, food,
nourishment and attendant charges. Having regard to the
disability suffered by the claimant at 18%, it would be
appropriate to award a sum of Rs.50,000/- towards loss of
amenities and Rs.50,000/- towards conveyance, food,
nourishment and attendant charges.
7. Since the notional income is now determined at
Rs.12,500/-, the claimant would be entitled to Rs.50,000/-
(Rs.12,500 X 4 months) towards loss of income during laid
up period.
NC: 2024:KHC:42567
8. The amounts awarded towards medical expenses in a
sum of Rs.2,89,219/- and towards future medical
expenses in a sum of Rs.20,000/-, being based on
documentary evidence, are affirmed.
9. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation:
As As awarded
awarded by this
Sl. Compensation
by the Court
No. under
Tribunal
different (Rs.)
Heads (Rs.)
Pain and 50,000/- 60,000/-
1.
sufferings
Loss of future 3,49,920/- 4,86,000/-
2.
earnings
3. Medical expenses 2,89,219/- 2,89,219/-
Loss of income 36,000/- 50,000/-
4. during the laid up
period
Conveyance, 50,000/-
5. nourishment and
nutritious food
6. 40,000/- 50,000/-
Loss of amenities
NC: 2024:KHC:42567
in life
7. Future Medical 20,000/- 20,000/-
expenses
Total 7,85,139/- 10,05,219/-
10. Accordingly, the claimant is held entitled for
compensation of Rs.10,05,219/- as against
Rs.7,85,139/- along with interest at the rate of 6% p.a.
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 appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
