Karnataka High Court
Hanumanthappa vs Nagereddy on 28 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:43332
MFA No. 2569 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 2569/2020 (MV-I)
Between:
Hanumanthappa
S/o Basappa
Aged about 28 years
R/o Hosa Bullapura Village
Davanagere Taluk - 577001.
...Appellant
(By Sri R.Shashidhara, Advocate)
And:
1. Nagereddy
S/o Ramappa
Aged about 62 years
R/o Postal Quarters
Holalkere Road
Digitally
Chitradurga -577501
signed by
KIRAN
Driver of Jeep Bearing
KUMAR R No.KA-16/M-1518.
Location:
HIGH
COURT OF
KARNATAKA 2. Senior Superintendent of Post Offices
Chitradurga Post Division
Chitradurga - 577 501
Owner of Jeep Bearing
No.KA-16/M-1518
...Respondents
(Notice to R1 is dispensed with
v/o dated 21.10.2024;
Sri D.Basavaraja, Advocate for R2)
-2-
NC: 2024:KHC:43332
MFA No. 2569 of 2020
This MFA is filed u/s 173(1) of MV Act against the
judgment and award dated 06.06.2019 passed in MVC
No.986/2018 on the file of the Principal Senior Civil Judge and
Member, MACT-IV, Davanagere, partly allowing the claim
petition for compensation and seeking enhancement of
compensation.
This MFA coming on for orders, this day, judgment was
delivered therein as under:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant, being dissatisfied with the
compensation of Rs.2,25,000/- awarded by the
Tribunal, is in appeal.
2. The fact that the accident occurred and the
liability of the insurer to pay the compensation is
not in dispute.
3. In order to arrive at the aforementioned sum,
the Tribunal has assessed the disability at 8% on
the basis that the doctor who has examined stated
that the claimant had suffered disability to a
particular limb to the extent of 25%. In my view,
and having regard to the age of the claimant and
NC: 2024:KHC:43332
his avocation as an agriculturist, it would be
appropriate to take the permanent disability as
10%.
4. The tribunal has adopted the national income
of Rs.9,000/-. Since there was no proof of actual
income, in such cases the sum of Rs.11,000/-
determined by the Karnataka State Legal Services
Authority ('the KSLSA' for short) for accidents of
the year 2017 will have to be adopted.
Consequently, towards 'loss of future income', the
claimant would be entitled to the following sum.
Rs.11,000/- x 12 x 17 x 10% = Rs.2,24,400.00.
5. The Tribunal has awarded a sum of Rs.2,200/-
towards medical expenses. Since the same is
based on evidence, the same is affirmed.
6. The sum of Rs.10,000/- is awarded towards
food, nourishment, attendant and conveyance
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charges is just and proper, and is accordingly
affirmed.
7. The Tribunal has awarded a sum of
Rs.30,000/- towards 'pain and sufferings', and
Rs.10,000/- towards 'loss of amenities'. Taking
into consideration that the claimant was
hospitalized for 10 days and suffered two fractures
and the disability is assessed at 10%, it would be
appropriate to enhance said sums to Rs.50,000/-
and Rs.30,000/-.
8. Since the income is now taken as Rs.11,000/-,
the sum of Rs.27,000/- awarded towards 'loss of
income during the laid-up period' is enhanced to
Rs.33,000/- (11,000X3).
9. Consequently, the award of the Tribunal is
modified and the claimant would be entitled to the
following compensation:
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As awarded As awarded
Sl. by the by t his
Compensation under Tribunal Court
No. diff erent Heads
(Rs.) (Rs .)
1. Pai n and s uff eri ng 30,000 50,000
Loss of future earni ngs 1,46,800 2,24,400
2.
due to disability
Conveyanc e c harges, 10,000 10,000
3.
f ood and nouris hment
4. Loss of ameniti es 10,000 30,000
5. Medical expenses 2,200 2,200
Loss of i nc ome during 27,000 33,000
6.
laid up period
Tot al 2,26,000 3,49, 600
10. Thus, the claimant is held entitled to the total
compensation of Rs.3,49,600/- as against
Rs.2,26,000/-, along with interest at the rate of
6% per annum from the date of petition till its
realization.
11. The Insurance Company is directed to deposit
the amount of compensation awarded within two
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months from the date of receipt of a certified copy
of this judgment.
12. The disbursement of the compensatio n
amount shall be in terms of the award of the
Tribunal.
13. This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
KMV
