Karnataka High Court
Gangaram vs Navanath And Anr on 25 October, 2024
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NC: 2024:KHC-K:7872
MFA No. 201942 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.201942 OF 2018 (MV-I)
BETWEEN:
GANGARAM
S/O SOMA PAWAR.
AGE: 28 YRS, OCC: SUGARCANE CUTTER,
R/O AMBEKOHDRA, TQ:KHETIYA,
DIST: BADVANI, NOW RESIDING
AT TAKKE, ATHANI ROAD,
VIJAYAPUR-586101.
...APPELLANT
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. NAVANATH
S/O BHAGAWAN MATE,
Digitally signed
by RENUKA AGE: 48 YRS, OCC: BUSINESS,
Location: HIGH R/O BHEND, TQ:MADHAD,
COURT OF DIST: SOLAPUR-413001
KARNATAKA (MAHARASHTRA STATE).
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LTD,
SANGAM BUILDING,
S.S. FRONT ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI. KOUJALAGI C. L., ADVOCATE FOR R1;
SRI. SUDARSHAN M., ADVOCATE FOR 2)
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NC: 2024:KHC-K:7872
MFA No. 201942 of 2018
THIS MFA FILED U/S. 173(1) OF MV ACT, PRAYING TO,
TO MODIFY THE JUDGMENT AND AWARD DATED 05.01.2018
PASSED IN MVC NO.500/2015 ON THE FILE OF THE COURT OF
THE IV ADDITIONAL DISTRICT JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.XIII VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT OF RS.14,99,990/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON BLE COURT;
THE APPELLANT HAS ALSO CHALLENGING THE 50
CONTRIBUTORY NEGLIGENT ON THE PART OF THE
MOTORCYCLE; ORDER FOR COSTS OF THIS APPEAL.
THIS APPEAL COMING ON FOR ADMISISON, 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 appellant/claimant, who has
sustained grievous injuries in a road traffic accident dated
21.12.2014. The appellant is aggrieved by inadequate
compensation determined by the Tribunal. The respondent
- Insurance Company admits its liability and therefore,
appeal is purely on quantum. The appellant has also
questioned negligence fastened on the rider of the bike.
2. The Tribunal having examined the disability
certificate, assessed disability at 8% and by notionally
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assessing the income of the appellant at Rs.7,000/-
awarded compensation of Rs.1,20,960/- under the head of
loss of future earning. Under conventional heads, a sum
of Rs.40,000/- was awarded. In all Rs.1,61,000/- is
awarded .
3. Heard the learned counsel appearing for the
appellant/claimant and learned counsel appearing for the
respondent - Insurance Company.
4. Insofar as negligence is concerned, this Court in
connected appeal in MFA No.201943/2018 has fastened
liability at the rate of 30% on the rider of the bike and
70% on the driver of the offending goods vehicle.
5. Insofar as quantum is concerned, this Court has
noticed that appellant to substantiate his income has not
produced any documentary evidence. In the absence of
income proof, this Court is inclined to assess the income of
the appellant notionally at Rs.7,500/- by relying on income
chart prepared by the Karnataka State Legal Services
Authority. The disability is assessed at 10% and by
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applying multiplier of 18, compensation re-determined
under the head of future loss of earning works out to
Rs.1,62,000/- (Rs.7,500x12x18x10%).
6. The Tribunal has ignored that appellant has
suffered a permanent disability to his right lower limb.
The appellant was operated and a plate and screws are
fixed. The doctor has opined that he has got permanent
disability in between to 25% to 30% to the right lower
limb. Therefore, under the head of pain and suffering a
sum of Rs.40,000/- is awarded and under the head of loss
of amenities a sum of Rs.40,000/- is awarded. Under the
head of loss of income during laid up period, a sum of
Rs.22,500/- (Rs.7,500x3) is awarded. Towards future
medical expenses since plate and screws are fixed, a sum
of Rs.15,000/- is awarded. Towards diet, attendant and
conveyance charges, a sum of Rs.20,000/-. In all, the
appellant is entitled for Rs.2,99,500/- rounded off to
Rs.3,00,000/- instead of Rs.1,61,000/- awarded by the
Tribunal.
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7. For the foregoing reasons, this Court passes the
following:
ORDER
a) Appeal is allowed in part.
b) Appellant is entitled for enhanced compensation
of Rs.1,39,000/- with interest at the rate of 6%
per annum from the date of claim petition till its
realization.
c) The entire amount shall be released in favour of
the appellant/claimant.
d) Respondent No.2 - Insurance Company shall pay
compensation determined by this Court along
with interest at the rate of 6% per annum from
the date of claim petition till its realization and
then shall recover 30% of the amount from of
owner of the bike.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
SRT
CT-SW
