Karnataka High Court
Basalingappa vs Basawaraj And Anr on 22 October, 2024
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NC: 2024:KHC-K:7779
MFA No. 201333 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 201333 OF 2017 (MV-I)
BETWEEN:
1. BASALINGAPPA
S/O SIDDAPPA PUJARI
AGE: 31 YEARS
OCC: DRIVER-CUM-CONDUCTOR AT
BMTC BANGALORE
NOW NIL
R/O HASANAPUR VILLAGE
TQ: & DIST: GULBARGA - 585 101.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
AND:
1. BASAWARAJ
Digitally signed by S/O SHIVANNA GOUDA M.PATIL
RENUKA
Location: HIGH
AGED: MAJOR
COURT OF OCC: NOT KNOWN
KARNATAKA OWNER OF BAJAJ PLATINA MOTORCYCLE
BEARING REG.NO.KA32/U/8033
R/O ALOOR VILLAGE
TQ: JEWARGI
NOW AT PRESENT: PLOT NO.89
GANESH NAGAR,
NEAR REVANSIDDESHWARA TEMPLE
GULBARGA - 585 101
2. THE DIVISIONAL MANAGER
THE NEW INDIA INSURANCE CO. LTD
DIVISIONAL OFFICE, NO.110-2/7,
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MFA No. 201333 of 2017
2ND FLOOR, SANGAMESHWARA NAGAR
S.B.TEMPLE ROAD, GULBARGA - 585 102
...RESPONDENTS
(BY SRI. MANVENDRA REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS DIESPENSED WITH V/O
DTD 09.08.2017)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED-4TH DAY OF
APRIL 2017 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND
MACT AT KALABURAGI IN MVC NO.95/2014 AND THE TOP
NOTED APPEAL MAY KINDLY BE ALLOWED AND AWARD THE
COMPENSATION AS PRAYED IN THE CLAIM PETITION, IN THE
INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, 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)
Captioned appeal is by the claimant assailing the
compensation determined by the Tribunal in
M.V.C.95/2014. Respondent No.2/Insurance company
admits its liability. The appeal is purely on quantum.
2. Appellant filed a claim petition in
MVC.No.95/2014 for having sustained grievous injuries in
a road traffic accident dated 21.06.2013. To substantiate
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that he had suffered a disability on account of grievous
injuries to his right lower limb and also to the humeral
head, examined two doctors as P.Ws.2 and 3. Appellant
produced disability certificates issued by both the doctors
evidenced at Exs.P12 and P15. Tribunal having assessed
the disability certificates issued by both the doctors
however was not inclined to accept the disability indicated
in the disability certificates issued by both the doctors.
Contrary to medical evidence, Tribunal assessed the
disability at 30% and in absence of income proof by
notionally assessing the appellant's income at Rs.6,000/-,
awarded a sum of Rs.3,67,200/- towards future loss of
income. Appellant is primarily aggrieved by compensation
determined under the head of future loss of income.
Appellant also seeks moderate enhancement under other
heads.
3. On re-assessing the evidence adduced by the
appellant herein, more particularly, the disability
certificates issued by the Orthopedic Surgeon and the
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Neurological Surgeon evidenced at Exs.P12 and 15, this
Court is of the view that though appellant has not
examined the neurosurgeon to substantiate the disability
suffered by him on account of severe head injury, the
disability assessed by the Tribunal however appears to be
on the lower side. On re-considering the disability
certificates issued at Exs.P12 and 15 and having regard to
the fact that appellant has suffered severe head injury and
a crush injury to his right toe and as the disability
certificate indicates that in respect of both the fractures
suffered to the right lower limb, there is malunion, this
Court deems it fit to reassess the disability at 35%. In
absence of income proof, this Court relying on the notional
income chart prepared by the Legal Services Authority is
inclined to assess the income of the appellant notionally at
Rs.7,000/- The 35% disability works out to Rs.2,450/-
(Rs.7,000x35/100). Adopting the multiplier of 12, the
compensation payable under the head of future loss of
earning works out to Rs.2,450x12x17= Rs.4,99,800/-,
which is rounded to Rs.5,00,000/-.
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4. Having regard to the gravity of injuries suffered
by appellant herein, this Court deems it fit to award a sum
of Rs.70,000/- under the head of pain and suffering and a
sum of Rs.50,000/- under the head of loss of amenities.
The petitioner has undergone treatment at various
hospitals and was found to be inpatient for a period of 31
days. Therefore, this Court is of the view that appellant is
entitled for a sum of Rs.50,000/- towards attendant
charges. Having regard to the gravity of injuries, this
Court is of the view that the appellant needs to be
compensated for a period of six months under the head of
loss of income during laid up period and accordingly, a
sum of Rs.42,000/- (i.e. Rs.7,000x12) is awarded under
the said head. Medical expenses determined by the
Tribunal at Rs.6,20,000/- is just and proper and does not
warrant interference. Hence, appellant is entitled for
compensation under the following heads:
Sl. Heads Amount
No.
1. Pain and sufferings Rs. 70,000/-
2. Loss of income during laid up period Rs. 42,000/-
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3. Loss of amenities Rs. 50,000/-
4. Attendant charges Rs. 50,000/-
5. Loss of future earning Rs. 5,00,000/-
6. Medical expenses Rs. 6,20,000/-
Total Rs.13,32,000/-
The total compensation payable to the appellant works out
to Rs.13,32,000/- as against Rs.10,96,500/- awarded by
the Tribunal. Thus, appellant is held entitled to enhanced
compensation of Rs.2,35,500/-with interest at the rate of
6% p.a. from the date of petition till the date of
realization.
5. Accordingly, this Court proceeds to pass the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated
4.4.2017 passed by the II Additional Senior
Civil Judge & MACT at Kalaburagi in
MVC.No.95/2014 is hereby modified.
(iii) The appellant is held entitled for enhanced
compensation of Rs.2,35,500/- with interest at
the rate of 6% p.a. from the date of petition till
the date of realization.
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(iv) The enhanced compensation shall be paid to
the appellant in terms of the tribunal's order.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
ALB
