Karnataka High Court
Hanumant @ Hanamappa S/O Laxman @ ... vs Akildandeshwari G. Vishwanathan on 25 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:1473
MFA No. 101895 of 2019
C/W MFA No. 101237 of 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.101895 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.101237 OF 2020
IN M.F.A. NO.101895 OF 2019
BETWEEN:
THE BRANCH MANAGER,
TATA AIG GENERAL INSURANCE COMPANY LTD.,
II FLOOR JP AND DEVI JAMBUKESHWAR ARCADE,
NO.69 MILLERS ROAD, BANGALURU-560052
REP. BY ITS DULY CONSTITUTED ATTORNEY.
...APPELLANT
(BY SRI G.N. RAICHUR, ADVOCATE)
AND:
1. HANUMANT @ HANAMAPPA
S/O. LAXMAN @ LAXMAPPA GOVINAGIDAD,
Digitally signed by
MALLIKARJUN AGE. 48 YEARS, OCC. MASON,
RUDRAYYA KALMATH R/O. MALAMADDI, DHARWAD-580001.
Location: HIGH
COURT OF
KARNATAKA
2. AKILANDESHWARI G.VISHWANATHAN,
AGE. 45 YEARS, OCC. OWNER OF TRUCK
BEARING REGISTRATION NO.TN-30/AS-4924,
R/O. NO.227, MALANKATTAN STREET,
SIVATHAPURAM, SALEM-636307.
...RESPONDENTS
(BY SMT. SAILA BELLIKKATI, ADVOCATE FOR R1;
R2 - NOTICE SERVED.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY
THE JUDGMENT AND AWARD DATED 07.03.2019 PASSED IN MVC
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NC: 2025:KHC-D:1473
MFA No. 101895 of 2019
C/W MFA No. 101237 of 2020
NO.118/2016 ON THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, BY
REDUCING THE COMPENSATION BY ALLOWING THIS APPEAL WITH
COST IN THE ENDS OF JUSTICE AND EQUITY.
IN M.F.A. NO.101237 OF 2020
BETWEEN:
HANUMANT @ HANAMAPPA
S/O. LAXMAN @ LAXMAPPA GOVINAGIDAD,
AGE: 49 YEARS, OCC: MASON,
R/O: MALAMADDI DHARWAD-580001,
TAL: DHARWAD, DIST: DHARWAD.
...APPELLANT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE.)
AND
1. AKILDANDESHWARI G.VISHWANATHAN,
AGE: 46 YEARS, OCC: OWNER OF TRUCK
BEARING REGISTRATION NO.TN-30-AS-4924,
R/O: NO.227, SIVATHAPURAM, SALEM-636307.
2. THE BRANCH MANAGER,
TATA AIG GENERAL INSURANCE CO. LTD.,
J.P. DEVI, JAMBUKESHWAR ARCADE NO.69,
MILLER ROAD, BENGALURU-560001.
RESPONDENTS
(BY SRI G.N. RAICHUR, ADVOCATE FOR R2;
R1-SERVICE OF NOTICE DISPENSED WITH.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE
APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED
07.03.2019 PASSED IN MVC NO.118/2016 ON THE FILE OF THE
I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, AT: DHARWAD BY ENHANCING COMPENSATION
UNDER ALL PERMISSIBLE HEADS.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2025:KHC-D:1473
MFA No. 101895 of 2019
C/W MFA No. 101237 of 2020
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
These appeals are filed challenging the judgment and
award dated 07.03.2019, passed by the I Addl. Senior Civil
Judge and CJM, Dharwad, in MVC No.118/2016.
2. MFA No.101895/2019 is filed by the Insurance
Company seeking reduction of the compensation, whereas
MFA No.101237/2020 is filed by the claimant seeking
enhancement of compensation.
3. Heard the arguments and perused the material
placed before the Court.
4. The occurrence of accident, injuries sustained by
the claimant in a road traffic accident, coverage of insurance
are not in dispute in this case.
5. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries.
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"Fracture to the left clavicle bone, fracture
to the patella, fracture to tibia and fibula bones
of right leg and also injuries to the forehead."
6. In this case, the tribunal has awarded
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future income arising out 3,36,000
of 25% disability.
2. Pain and sufferings 1,00,000
3. Loss of amenities of life. 30,000
4. Loss of income during laid up 48,000
period.
5. Actual medical expenses. 1,70,694
6. Future medical expenses. 20,000
7. Conveyance. 5,000
8. Attendant charges. 5,000
9. Food, nourishment and diet 6,000
charges.
Total: 7,20,694
7. The claimant is a Mason by profession. The
accident has occurred on 07.10.2013. Therefore, notional
income of Rs.7,000/- per month is to be taken into
consideration, which is recognized by the Karnataka State
Legal Service Authority, but the tribunal has considered
Rs.8,000/- per month. The tribunal has taken the disability
NC: 2025:KHC-D:1473
at 25% to the whole body, which is also on higher side, since
the doctor who assessed the disability is not a treated
doctor, but the doctor being a qualified doctor has assessed
that the claimant has suffered permanent physical disability
at 10% to the scull bones 14% permanent physical disability
towards right upper limb and 32% towards left lower limb,
totally suffered permanent physical disability of 56% to the
whole body.
8. Though the monthly income and disability
considered by the tribunal is on higher side, but considering
the compensation awarded under other heads like loss of
earning during laid up period, loss of amenities in life, future
medical expenses, food, conveyance, nourishment, attendant
charges, etc., are found to be on lesser side. Therefore,
considering the injuries sustained by the claimant stated
above, the total amount of compensation awarded by the
tribunal is just and proper. Hence, there is no question of
enhancement or reduction of the compensation awarded by
the tribunal. Therefore, both the appeals are liable to be
dismissed.
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9. Accordingly both the appeals are dismissed, by
confirming the judgment and award dated 07.03.2019,
passed by the I Addl. Senior Civil Judge and CJM, Dharwad,
in MVC No.118/2016.
10. The amount in deposit made by the Insurance
Company shall be transmitted to the tribunal for
disbursement, along with the trial Court records.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT: UMD.
