Karnataka High Court
Suresh S/O Basavaraj vs Saibanna S/O Tulajapur And Anr on 5 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6717
MFA No. 200955 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200955 OF 2020 (MV-I)
BETWEEN:
SURESH S/O BASAVARAJ
AGE: 31 YEARS,
OCC: ACCOUNTS BACK OFFICE, NOW NIL,
R/O. NEAR POLICE QUARTERS, BASAVESHWAR
NAGAR, SHAHABAD, TQ. CHITTAPUR,
DIST. KALABURAGI, NOW
R/AT C/O APPARAO, PLOT NO. 92,
NEAR RAMTEERTH TEMPLE, AYODHYA NAGAR,
ALAND ROAD, KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
Digitally signed
by SUMITRA AND:
SHERIGAR
Location: HIGH 1. SAIBANNA S/O TULAJAPUR
COURT OF
KARNATAKA AGE: 28 YEARS, OCC: OWNER AND RIDER OF
MOTOR CYCLE,
R/O. NADVINHALLI,
TQ. AND DIST. KALABURAGI-585102.
2. BHARATHI AXA GENERAL INSURANCE CO. LTD.,
THROUGH ITS MANAGER,
1ST FLOOR, FEMS ICON, SY. NO. 28,
DODDANAKUNDI, BENGALURU-560037.
...RESPONDENTS
(BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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NC: 2024:KHC-K:6717
MFA No. 200955 of 2020
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
MODIFY THE JUDGMENT AND AWARD PASSED BY THE III
ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN MVC
NO.685/2018, DATED 28.01.2020, BY ENHANCING THE
COMPENSATION AS PRAYED FOR AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claimant is in appeal challenging the award of
Rs.19,08,499/- granted for the injuries suffered by the
claimant.
2. The occurrence of the accident and the liability to pay
compensation is not in dispute. It is also not in dispute
that in respect of the same accident, this Court has
confirmed the finding that the claimant had also
contributed 40% and rider of the offending vehicle had
contributed 60%.
3. The Tribunal has taken the income of the claimant @
Rs.16,855/- per month and has assessed the disability at
NC: 2024:KHC-K:6717
40%. The doctor who had treated the claimant was
examined and he has stated as follows;
"He was diagnosed of RT brachial plexus injury
with complete paralysis of Rt upper limb. He was
referred to higher centre for evaluation and
management of Brachial plexus injury. On
03.04.2018, he was operated for Rt Brachial plexus
injury, Neuroma excision and Sural nerve grafting
was done at Jain Hospital, Bangalore."
In the light of this evidence, it would be appropriate
to assess the disability at 60% as against 40% determined
by the Tribunal.
4. The assessment of monthly income determined by
the Tribunal is just and proper and is therefore affirmed.
Since the claimant has suffered 60% future prospects,
40% will have to be added to this income. Thus the net
income will come to Rs.23,597/-. Consequently, the
claimant would be entitled to a sum of Rs.28,88,272/-
(Rs.16855 x 12 x 17 x 60%) towards loss of future
income.
NC: 2024:KHC-K:6717
5. The sum of Rs.60,000/- awarded towards pain and
suffering, Rs.20,000/- towards attendant, food and
conveyance charges, Rs.3,88,131/- towards medical
expenses, and Rs.50,000/- towards loss of income during
treatment period are just and proper and they are
affirmed.
6. Having regard to the evidence of doctor, it would be
appropriate to award a sum of Rs.60,000/- towards loss of
amenities as against Rs.15,000/- awarded by the Tribunal.
7. Consequently, the claimant would be entitled for the
following sums.
Sl.No. Heads By this Court
1. Pain sufferings Rs.60,000/-
2. Loss of future income Rs.28,88,272/-
3. Medical expenses Rs.3,88,131/-
4. Food, attendant, Rs.20,000/-
nourishment and
charges
5. Loss of income during Rs.50,000/-/-
treatment period
6. Loss of amenities Rs.60,000/-
Total Rs.34,66,403/-
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8. Since it is held that the claimant had also contributed
40% of the liability, he will be entitled to only 60% of the
said award amount.
9. 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.
10. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
