Karnataka High Court
Yashwant Ganapati Chavan vs Siddanagouda Guranagouda Biradar And ... on 14 February, 2025
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NC: 2025:KHC-K:1055
MFA No. 202144 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. JOSHI
MISCL. FIRST APPEAL NO.202144 OF 2023 (MV-I)
BETWEEN:
YASHWANT GANAPATI CHAVAN,
AGE: 36 YEARS,
OCC: SUGARCANE CUTTING WORK,
R/O BANJARA COLONY,
VIJAYAPURA-586 101.
...APPELLANT
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
AND:
Digitally signed
by
LUCYGRACE
1. SIDDANAGOUDA GURANAGOUDA BIRADAR,
Location: HIGH
COURT OF AGE: 44 YEARS, OCC: BUSINESS,
KARNATAKA
R/O BEERAPPA NAGAR, INDI,
DIST. VIJAYAPURA-586 221.
2. THE MANAGER LEGAL/CLAIMS,
CHOLAMANDALAM GENERAL INSURANCE CO. LTD.,
1ST FLOOR, V.A. KALABURGI SQUARE,
DESHPANDE NAGAR, DESAI CROSS,
HUBLI-29.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADV., FOR R2;
R1 - V/O. DTD. 11.07.2023 NOTICE DISPENSED WITH)
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MFA No. 202144 of 2023
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING
TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE
COURT OF THE MOTOR ACCIDENT CLAIM TRIBUNAL NO.XV,
VIJAYAPURA AT VIJAYAPURA IN MVC NO.981/2019 DATED
01.04.2022 SEEKING FOR ENHANCEMENT AND BE PLEASED
TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF
AS PRAYED FOR BY THE APPELLANT.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE C.M. JOSHI)
1. Heard learned counsel appearing for the appellant
and respondent No.2.
2. Though the matter is slated for admission, with
the consent of both the parties it is taken up for final
disposal.
3. Being aggrieved by the judgment and award
dated 01.04.2022 passed in MVC No.981/2019 by the IV
Additional Senior Civil Judge and Member, M.A.C.T.,
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Vijayapura, (for short 'the Tribunal'), the petitioner-claimant
is before this Court in appeal seeking enhancement of the
compensation.
4. The petitioner contended that on 16.10.2018 at
about 6.30 p.m., while he was riding his motorcycle, a Tum-
Tum bearing No.KA-28/C-4840 came from opposite direction
and collided with the motorcycle of the petitioner, resulting
in the petitioner falling down and thereby sustaining injuries.
It was contended the petitioner had suffered compound
fracture of right tibia, fracture of 1st metatarsal foot,
comminuted fracture of right 2nd, 3rd, 4th and 5th metacarpal
of the right hand, comminuted fracture of left mandible and
compound fracture of right patella, apart from other minor
injuries. The petitioner claims that he was a sugarcane
cutter, aged 32 years and he had an income of Rs.15,000/-
per month. Contending that he had suffered permanent
disability, he approached the Tribunal for just compensation.
5. The petition was opposed by respondent No.2
contending that the compensation claimed is highly
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exorbitant, imaginary and untenable and it denied age,
income and occupation of the petitioner.
6. The Insurance Company admitted coverage of the
policy, but contended that the driver of the insured vehicle
had violated the terms and conditions of the policy.
Respondent No.1 - owner did not appear before the Tribunal.
7. After framing appropriate issues, Tribunal
recorded the evidence of PW1 and Exs.P1 to P13 were
marked and the Doctor was examined as PW2. The
Insurance Company did not lead any evidence in the matter.
After hearing both sides, Tribunal has awarded the
compensation under different heads as below:
Sl. Heads of Compensation Amount
No.
1 Injuries, pain and suffering Rs.30,000/-
2 Medical bills and other Rs.33,665/-
incidental charges
3 Food, nourishment, special diet Rs.5,000/-
4 Loss of future earning capacity Rs.1,35,360/-
5 Loss of income during laid-up Rs.23,500/-
period
6 Loss of amenities of life Rs.10,000/-
Total Rs.2,37,525/-
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8. The learned counsel appearing for the appellant-
petitioner would submit that the Tribunal failed to assess the
functional disability of the petitioner in a proper way. It is
submitted that though the PW2 had stated that the disability
was to the tune of 20 to 22% and the Tribunal assessed the
same at 6%. He submits that the petitioner being a
sugarcane cutter having suffered fractures of the right hand,
the disability would be more than 15% and therefore, the
compensation awarded is on the lower side. He also points
out that the compensation under other heads is also on the
lower side.
9. Per contra, learned counsel for respondent No.2-
Insurance Company submits that the compensation awarded
is proper and correct and the Doctor-PW2 had deposed about
the disability to the right lower limb, but not about the right
upper limb. Therefore, the impugned judgment do not need
any indulgence by this Court.
10. Having considered the above submissions, the
perusal of the records would reveal that the petitioner had
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sustained extensive injuries in the form of fractures to the
right hand. Petitioner being a person, aged about 32 years,
had suffered fracture of the metacarpals of his right hand
and definitely it results in permanent disability. Of course, it
may be true that PW2 has not bestowed his attention on the
injuries to the right hand. According to PW2, the disability is
only in respect of the right lower limb. The injuries to the
right upper limb appear to have not been assessed by PW2.
In that view of the matter, the difficulty of the petitioner to
use his right hand for the purpose of sugarcane cutting has
to be borne in mind while assessing the functional disability.
Having bestowed a careful attention on this aspect, this
Court is of the view that the disability of the petitioner is to
be held at 15%.
11. The Tribunal after elaborate discussion has
considered the notional income of the petitioner at
Rs.11,750/- per month and applied multiplier of 16. The
same do not need any indulgence by this Court. Thus, the
loss of future earning is calculated as Rs.11,750/- x 12 x 16
x 15% = Rs.3,38,400/-.
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12. Considering that the petitioner might not have
been able to resume his work as a sugarcane cutter at least
for four months, the compensation under the head of loss of
income during the laid-up period is calculated as Rs.11,750 x
4 = 47,000/-.
13. The Tribunal has awarded sum of Rs.30,000/-
under the head pain and suffering. It is pertinent to note
that the petitioner had sustained injuries to the right upper
limb as well as right lower limb, therefore, the compensation
under this head is enhanced Rs.60,000/-
14. The petitioner was impatient for 11 days,
therefore, the compensation under the heads food,
nourishment and special diet, etc., is enhanced to
Rs.15,000/- from Rs.5,000/- awarded by the Tribunal.
15. The Tribunal has awarded a sum of Rs.10,000/-
under the head loss of amenities in life. Considering the fact
that the petitioner had sustained fractures to right lower
limb, which is going to cause certain impediment in his
movement, it is enhanced to Rs.50,000/-.
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16. The compensation awarded by the Tribunal under
the head medical bills and other incidental charges at
Rs.33,665/- is just and proper and does not call for any
interference by this Court.
17. Accordingly, the petitioner is entitled for the
compensation as below:
Sl. Head Award by the Award by this
No. Tribunal Court
1 Injuries, pain and Rs.30,000/- Rs.60,000/-
suffering
2 Medical bills and Rs.33,665/- Rs.33,665/-
other incidental
charges
3 Food, nourishment, Rs.5,000/- Rs.15,000/-
special diet
4 Loss of future earning Rs.1,35,360/- Rs.3,38,400/-
capacity
5 Loss of income during Rs.23,500/- Rs.47,000/-
laid-up period
6 Loss of amenities of Rs.10,000/- Rs.50,000/-
life
Total Rs.2,37,525/- 5,44,065/-
Less: Award by the Tribunal Rs.2,37,525/-
Enhancement Rs.3,65,540/-
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18. Hence, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The impugned judgment and award
passed by the Tribunal is hereby
modified.
(iii) The petitioner is entitled for a
compensation of Rs.3,65,540/- in addition
to what has been awarded by the
Tribunal, along with interest at the rate of
6% p.a. from the date of petition till its
deposit before the Tribunal.
(iv) The 2nd respondent - Insurance Company
is directed to deposit the compensation
amount within a period of eight weeks
from today.
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(v) The rest of the terms and conditions
regarding deposit and release, ordered by
the Tribunal remain unaltered.
Sd/-
(C.M. JOSHI)
JUDGE
SBS
CT: AK
