Karnataka High Court
Dnyaneshwar @ Dnyandev vs Dattatraya And Anr on 5 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6713
MFA No. 200287 of 2023
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. 200287 OF 2023 (MV-I)
BETWEEN:
SRI DNYANESHWAR @ DNYANDEV,
S/O JANARDHAN SURVASE,
AGE : 39 YEARS, OCC : PRIVATE WORK,
R/O TIKOTA, TQ. AND DIST. VIJAYAPURA-586101.
...APPELLANT
(BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)
AND:
1. SHRI DATTATRAYA S/O TULSHIRAM VARPE,
AGE : 44 YEARS, OCC : BUSINESS,
Digitally signed R/O KALAMB, TQ. AMBEGAON,
by SUMITRA
SHERIGAR DIST : PUNE-410503,
Location: HIGH MAHARASTRA STATE.
COURT OF
KARNATAKA
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
1ST FLOOR, SANGUM BUILDING,
S.S.FRONT ROAD,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. S.S.ASPALLI, ADVOCATE FOR R2;
NOTICE TO R1 SERVED - UNREPRESENTED)
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NC: 2024:KHC-K:6713
MFA No. 200287 of 2023
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENHANCE THE COMPENSATION AMOUNT PAYABLE T THE
APPELLANT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 07.12.2018 PASSED BY THE COURT OF THE III
ADDL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL NO IV AT VIJAYAPUR IN MVC NO.280/2014
AND LIABILITY SHIFTED TO RESPONDENT NO. 2 INSURAR OF
THE VEHICLE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, 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)
The claimant is in appeal challenging the award
passed by the Tribunal on the ground that it is inadequate
and the exoneration of the liability of the Insurer.
2. It is the case of the claimant that he had
suffered a fracture of the 2nd and 3rd metatarsal base with
right medial mallealus fracture with right fibula fracture of
middle 3rd. The Tribunal has refused to grant any amounts
toward loss of future income on the ground that the
treated Doctor has not been examined to assess the
disability. In my view, this approach would not be correct.
NC: 2024:KHC-K:6713
Having regard to the fact that the claimant has suffered
multiple fractures and the Doctor who was examined,
though was not the non-treated Doctor, has assessed the
disability at 25% to 30%, it would be appropriate to
assess the disability at 10%.
3. Consequently, towards loss of future income
since the claimant was aged 40 years and the accident
was of the year 2013, by adopting the notional income of
`7,000/- fixed by Karnataka State Legal Services Authority
and applying the multiplier of '15', he would be entitled to
sum of `1,26,000/- (`7,000/- x 12 x 15 x 10%) towards
loss of future earnings due to disability.
4. The Tribunal has awarded a sum of `18,000/-
towards transportation, food and attendant charges. In the
light of the fact that the claimant was admitted in the
hospital for 16 days, it would be appropriate to award a
sum `25,000/- under these heads. The sum of `50,378/-
awarded towards medical expenses is affirmed. Similarly,
the sum of `50,000/- awarded towards pain and suffering
NC: 2024:KHC-K:6713
is also affirmed. The sum of `5,000/- awarded towards
loss of amenities is enhanced to `25,000/- since it is held
that the claimant has suffered 10% disability. The Tribunal
is also not awarded any sums towards loss income during
the laid up period. Since the claimant was hospitalized for
15 days, it would be appropriate to determine the laid up
period as three months and award a sum of `21,000/-.
5. Consequently, the award of the Tribunal is
modified and the claimant would be entitled to the
following compensation:
Compensation as Compensation as
Sl.
Nature of Heads awarded by the awarded by this
No.
Tribunal (`) Court (`)
1. Transportation 2,000/- 25,000/-
Food, attendant
2. 16,000/-
and nourishment
3. Medical expenses 50,378/- 50,378/-
4. Pain and suffering 50,000/- 50,000/-
5. Loss of amenities 5,000/- 25,000/-
Loss of income
6. during laid up -- 21,000/-
period
Loss of future
7. -- 1,26,000/-
income
Total 1,23,378/- 2,97,378/-
NC: 2024:KHC-K:6713
6. Thus, the claimant is held entitled to the total
compensation of `2,97,378/- as against `1,23,378/-, along
with interest at the rate of six per cent per annum from
the date of petition till its realization.
7. The further finding of the Tribunal that the
driver of the vehicle only possessed a light motor vehicle -
transport driving licence and therefore he was not
authorized cannot be accepted in the light of the judgment
by the Hon'ble Apex Court in the case of Mukund
Dewangan vs. Oriental Insurance Company Limited1.
In that view of the matter, the impugned award insofar as
it relates to setting aside the liability of the Insurer is set-
aside and the Insurer is held to be liable to pay the
compensation awarded by the Tribunal.
8. The second respondent is directed to deposit
the amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment.
(2017) 14 SCC 663
NC: 2024:KHC-K:6713
9. The entire enhanced amount along with interest
shall be disbursed to the claimant forthwith.
10. Consequently, the appeal is accordingly
allowed in part.
11. The amount in deposit by the owner shall be
refunded to him.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
