Karnataka High Court
Parasuram S/O Muttappa Lamani vs The Managing Director And Ors on 24 October, 2024
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NC: 2024:KHC-K:7856
MFA No. 201610 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 201610 OF 2019 (MV-I)
BETWEEN:
1. PARASURAM S/O MUTTAPPA LAMANI
AGE: 53 YEARS
OCC: AGRICULTURE
R/O: BANJARA NAGAR
BIJAPUR-586 101.
...APPELLANT
(BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
NEKRTC, CENTRAL OFFICE GULABARGA.
SUMMONS TO BE SERVED
UPON THE D.C. NEKRTC ATHANI ROAD
Digitally signed BUS DEPOT VIJAYAPUR-586 101.
by RENUKA
Location: HIGH 2. KHAJESAB S/O MAHABOOBSAB SIKKALAGAR
COURT OF
KARNATAKA AGE: 46 YEARS
OCC: BUSINESS
R/O: KAMAN-KAMAN BAZAR
NEAR NAGARABOUDI
VIJAYAPURA-586101.
3. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD
10003-E-8, RIICO
INDUSTRIAL AREA SITA PURA
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NC: 2024:KHC-K:7856
MFA No. 201610 of 2019
JAIPUR
RAJASTHAN STATE-302 022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R1;
SRI. SUDARSHAN .M, ADVOCATE FOR R3;
R2 - SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN MVC NO.525/2014 ON THE FILE OF
II ADDL.SENIOR CIVIL JUDGE AND MACT NO.-VII VIJAYAPUR
AT VIJAYAPUR AND ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 26.06.2019 PASSED IN MVC
NO.525/2014 ON THE FILE OF THE II ADDL.SENIOR CIVIL
JUDGE AND MACT NO.VII VIJAYAPUR AT VIJAYAPUR AND
ENHANCING THE COMPENSATION AMOUNT FROM
RS.1,96,400/- WITH 6% INTEREST TO RS.8,25,000/- WITH
18% INTEREST.
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)
The appeal is by the claimant questioning the
compensation determined by the Tribunal in
MVC.No.525/2014. The appellant is aggrieved by the
inadequate compensation. Respondent No.1/Corporation
and the respondent No.3/Insurance company admit their
liability. The appeal is purely on quantum.
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2. Appellant filed a claim petition for having
sustained grievous injuries in a road traffic accident dated
22.08.2013. Appellant claimed compensation alleging that
prior to accident, he was doing agriculture and coolie work
and was earning Rs.10,000/- p.m. Appellant by placing
reliance on medical evidence claimed that he has suffered
45% disability to the lower limb as opined by the Doctor.
3. The Tribunal in absence of income proof
assessed the income of the claimant at Rs.5,000/- and by
taking disability at 10% proceeded to award compensation
of Rs.78,000/- under the head 'future loss of earning'.
The Tribunal, in all, awarded a sum of Rs.1,96,400/-.
4. Heard learned counsel for the appellant and
learned counsel appearing for the Corporation and learned
counsel appearing for the Insurance Company.
5. On re-assessing the evidence on record, this
Court is of the view that appellant has not produced any
documentary evidence to substantiate the income.
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Admittedly, the accident is of the year 2013. In absence
of income proof, this Court is inclined to place reliance on
the income chart prepared by the Legal Services Authority.
The income of the appellant is notionally assessed at
Rs.7,000/-. The medical evidence reveal that appellant
has suffered 40-45% disability to the left lower limb. In
absence of specific evidence indicating the disability to the
whole body, this Court is inclined to take 1/3rd of the
disability opined by the Doctor. Having assessed the
income at Rs.7,000/- and by taking disability at 15% and
by applying multiplier of 13, the compensation payable
under the head 'future loss of earning' works out to
Rs.1,63,800/- (1,050x12x13).
6. Appellant has suffered two fractures.
Therefore, a sum of Rs.50,000/- is awarded under the
head 'pain and suffering'. Having regard to the gravity of
injury and length of treatment, a sum of Rs.20,000/- is
awarded towards attendant charges and a sum of
Rs.21,000/- at the rate of Rs.7,000/- p.m. for a period of
NC: 2024:KHC-K:7856
three months is awarded under the head 'laid up period'.
The award of Rs.30,000/- under the head 'loss of
amenities' is retained. The medical expenses at the rate
of Rs.48,400/- also does not warrant any interference.
The total compensation re-determined by this Court works
out to Rs.3,33,200/- as against Rs.1,96,400/- awarded by
the Tribunal.
Sl. Heads Amount
No.
1. Pain and sufferings Rs.50,000/-
2. Loss of income during laid up period Rs.21,000/-
3. Loss of amenities Rs.30,000/-
4. Loss of future earning Rs.1,63,800/-
5. Medical expenses Rs.48,400/-
6. Attendant charges Rs.20,000/-
Total Rs.3,33,200/-
7. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal is allowed in part;
(ii) The judgment and award passed by the
Tribunal in MVC.No.525/2014 is modified;
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(iii) The appellant is entitled to enhanced
compensation of Rs.1,36,800/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
(iv) The entire amount shall be released in
favour of the claimant;
(v) The proportionate liability determined
by the Tribunal is confirmed.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA,SRT
