Karnataka High Court
Smt. Basavva W/O Devendrappa Tegur vs Shri. Basappa on 8 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:261
MFA No. 101161 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.101161 OF 2023 (MV-I)
BETWEEN:
SMT. BASAVVA
W/O. DEVENDRAPPA TEGUR,
AGE. 62 YEARS, OCC. COOLIE (NOW NILL),
R/O. UDAKERI, TQ. BAILHONGAL,
DIST. BELAGAVI, PIN-591102.
...APPELLANT
(BY SRI HANAMANT R.LATUR, ADVOCATE)
AND:
1. SHRI BASAPPA
S/O. GOUDAPPA BILLASHIVANNAVAR,
AGE. 57 YEARS, OCC. CLASS-I CONTRACTOR,
R/O. UDAKERI, TQ. BAILHONGAL,
DIST. BELAGAVI.
2. THE MANGER LEGAL,
ROYAL SUNDARAM GENERAL
INSURANCE COMPANY LTD.,
SERVICE OFFICE NO.6, 1ST FLOOR,
MUJAWAR ARCADE, NEHRU NAGAR,
Digitally signed by
MALLIKARJUN BELAGAVI, AT BELAGAVI,
RUDRAYYA KALMATH TQ. AND DIST. BELAGAVI-590001.
Location: HIGH COURT
OF KARNATAKA ...RESPONDENTS
(BY SRI M.Y. KATAGI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DATE 10.06.2024)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT DATED 01.07.2022 PASSED IN MVC NO.1033/2021 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101161 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed under Section-173(1) of the
Motor Vehicles Act, 1988 (hereinafter referred to as 'MV
Act' for brevity) by the claimant/injured seeking
enhancement of compensation being aggrieved by the
judgment and award dated 01.07.2022 passed in MVC
No.1033/2021 on the file of Senior Civil Judge and Addl.
MACT, Bailhongal (for short, 'Tribunal').
3. Brief facts of the case are that on 04.03.2021
at about 4.30 p.m., when the claimant/appellant was
proceeding as a pedestrian towards her house at Udakeri
village. At that time, the driver of Maruti Ertiga Car
bearing No.KA-24/M-4433 came from behind in rash and
negligent manner and dashed to appellant and caused the
accident. Due to the said accident, the appellant/claimant
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sustained injuries. Therefore, the claimant has filed the
claim petition, seeking compensation.
4. Heard the arguments of learned counsel for the
parties and perused the records.
5. The occurrence of accident, injuries sustained
by the claimant and coverage of insurance are not in
dispute.
6. In the present case, from the medical evidence
on record, it is proved that the claimant had suffered the
following injuries.
"Mal-union fracture of lower 1/3rd of
right tibia, fracture of ribs 3 to 7 of left
side and hemorrhagic contusions with
subarachnoid bleed in left posterior
temporal and parietal region with
subdural bleed in left parieto occipital
region with scalp hemotoma."
7. The Tribunal after considering the facts and
circumstances and evidence on record, has awarded total
compensation of Rs.6,25,236/- along with interest at the
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rate of 9% per annum from the date of petition till the
date of realization, under the following heads:
SL.NO. PARTICULARS AMOUNT (IN.RS.)
1. Towards pain and suffering 50,000/-
2. Towards Medical expenses 3,19,236/-
3. Towards future medical expenses 50,000/-
4. Towards diet, food and nourishment 18,000/-
5. Towards loss of future earnings 1,68,000/-
6. Towards loss of amenities 20,000/-
Total Compensation 6,25,236/-
8. Upon considering the injuries sustained and
amount of compensation awarded by the Tribunal, which is
on lower side. Hence, the claimant is entitled to enhanced
compensation on the correct parameters.
9. Considering the injuries sustained, a
compensation of Rs.35,000/- is to be awarded towards
loss of amenities and Rs.42,750/- towards loss of income
during laid up period for a period of three months, is
awarded.
10. The accident occurred on 04.03.2021,
therefore, notional income would be Rs.14,250/- per
month as per the chart prepared by the Karnataka State
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Legal Services Authority. The claimant was aged 61 years
old at the time of accident. Therefore, appropriate
applicable multiplier is '7'. Considering the injuries
suffered by the claimant, the disability taken by the
tribunal at 20% to the whole body is found to be correct.
Hence, loss of future income due to disability is hereby
reassessed and quantified as under:
Rs.14,250 x 12 x 7 x 20% = Rs.2,39,400/-.
11. The compensation awarded under other heads
are just and proper. Hence, the same is kept intact.
12. Thus, the claimant is entitled for total
compensation under various heads as under:
SL.NO. PARTICULARS AMOUNT (IN.RS.)
1. Towards pain and suffering 50,000/-
2. Towards Medical expenses 3,19,236/-
3. Towards future medical expenses 50,000/-
4. Towards diet, food and nourishment 18,000/-
5. Towards loss of future earnings 2,39,400/-
6. Towards loss of income during laid- 42,750/-
up period (14,250 x 3)
7. Towards loss of amenities 35,000/-
Total Compensation 7,54,386/-
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13. Therefore, the claimant is entitled for total
compensation of Rs.7,54,386/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.6,25,236/- awarded by the
Tribunal. The Insurance Company is directed to deposit
the compensation within eight weeks from the date of
receipt of a certified copy of this judgment.
14. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
01.07.2022, passed by the Senior Civil
Judge and Addl. M.A.C.T, Bailhongal, in
MVC No.1033/2021 stands modified.
iii) The claimant is entitled for total
compensation of Rs.7,54,386/- along
with interest at the rate of 6% p.a.
from the date of petition till its
realization.
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iv) The claimant is not entitled for interest
for the delayed period of 172 days in
filing the appeal.
v) The insurance company shall deposit
the amount within a period of eight
weeks from the date of receipt of a
copy of this judgment.
vi) Send a copy of this judgment to the
trial Court.
vii) No order as to costs.
viii) Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
RKM
