Karnataka High Court
Devidas S/O Ramji Pawar Lamani vs Nagendra G.A And Anr on 31 January, 2025
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NC: 2025:KHC-K:695
MFA No. 200578 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
MISCL. FIRST APPEAL NO.200578 OF 2020 (MV-I)
BETWEEN:
DEVIDAS
S/O RAMJI PAWAR LAMANI,
AGE: 40 YEARS, OCC: COOLIE,
R/O DADODI THANDA,
TQ. BHALKI, DIST. BIDAR.
...APPELLANT
(BY SRI. SHARANABASAPPA K. BABSHETTY, ADVOCATE)
AND:
1. NAGENDRA G.A.
S/O S.P. ASHAWATHAPPA,
Digitally
signed by
NO. 20, 1ST FLOOR,
LUCYGRACE
LUCYGRACE Date:
2025.02.03
NEAR KODIGEHALLI BUS STAND,
17:26:53 -
0800 KODIGEHALLI, SHANKER NAGAR,
BANGALORE-560 092.
2. THE BRANCH MANAGER,
IFFCO TOKIO GENERAL INSURANCE CO. LIMITED,
4TH & 5TH FLOOR, IFFCO TOWER, PLOT NO:3,
SECTOR 29, GURGAON-122 001.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADV. FOR R2;
V/O DTD. 12.01.2021, NOTICE TO R1 IS DISPENSED WITH)
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NC: 2025:KHC-K:695
MFA No. 200578 of 2020
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 15.06.2019,
PASSED BY THE ADDL. MACT AND ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR (SITTING AT BHALKI), IN MVC
NO.16/2015 AND ENAHNCE THE COMPENSATION AMOUNT AS
CLAIMED 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)
By the consent of learned counsel appearing for both
the parties, the matter is taken up for final disposal,
though it is slated for Admission.
2. This appeal is directed against the judgment
and award dated 15.06.2020 in MVC No.16/2015 passed
by learned Additional MACT and Additional District &
Sessions Judge, Bidar (Sitting at Bhalki) (hereinafter
referred to as 'the Tribunal' for short).
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3. By the impugned judgment and award, the
Tribunal has allowed the claim petition in part and
awarded a sum of Rs.3,63,000/- as compensation and
directed the Insurance Company to deposit the same.
Aggrieved by the said judgment and award, the petitioner
is before this Court, seeking enhancement contending that
the quantum of compensation awarded by the Tribunal is
on the lower side.
4. The short point that involved in the present
appeal is regarding the compensation awarded,
particularly, regarding the income of the appellant and the
Tribunal having not awarded any compensation under the
head of loss of amenities in life.
5. The appellant has suffered fracture of right tibia
and fibula in the road traffic accident that occurred on
14.11.2013 involving a motorcycle and a car and as a
result, he had to undergo surgeries with open reduction
and internal fixation using implants. Later, he was also
underwent further admission to the hospital for the
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purpose of removal of the implants. The appellant being
aged 42 years, an agriculturist, having suffered fracture of
tibia and fibula of the right leg, underwent assessment of
the disability by PW.2, who opined that disability to be
41%. The Tribunal assessed the disability at 20% and
calculated the compensation amount under the head of
loss of future earnings by considering the notional income
at Rs.6,500/- per month.
6. Heard the learned counsel appearing for the
appellant and the learned counsel appearing for
respondent No.2.
7. Learned counsel appearing for the appellant
contends that the notional income considered by the
Tribunal is on the lower side and it should have been taken
at least at Rs.10,000/- per month. He also points out that
no compensation has been awarded under the head of loss
of amenities.
8. Per contra, learned counsel appearing for
respondent No.2 - Insurance Company would submit that
NC: 2025:KHC-K:695
the compensation awarded by the Tribunal is proper and
correct and there is no need for enhancement of the
compensation amount. He contends that respondent No.2-
Insurance Company is ready to abide by the judgment of
the Tribunal, as the said judgment is proper and correct.
9. A perusal of the records would show that the
appellant was aged 42 years at the time of the accident
and he was an agriculturist. Having suffered fracture of
tibia and fibula, there is a disability, which is assessed by
PW.2 and the functional disability of 20% is considered by
the Tribunal. This Court does not find any reason to find
fault with the said assessment of the functional disability
by the Tribunal.
10. So far as the income of the appellant is
concerned, the guidelines issued by the Karnataka State
Legal Services Authority in respect of the settlement of the
claims arising out of the motor vehicle accidents before
the Lok Adalath prescribes the notional income at
Rs.7,000/- p.m. for the year 2013. In umpteen number of
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cases, this Court has held that the said guidelines issued
by the KSLSA are in general conformity with the wages
fixed under the Minimum Wages Act. Therefore, the
notional income of the petitioner is held to be Rs.7,000/-
p.m. Therefore, the compensation under the head of loss
of future earnings is calculated as: Rs.7,000 x 12 x 14 x
20% = Rs.2,35,200/- by adopting the multiplier of 14.
11. As a consequence, the loss of income during
laid up period for three months is calculated at
Rs.21,000/- (Rs.7,000 x 3).
12. The Tribunal has not awarded any
compensation under the head of loss of amenities in life.
Keeping in view the nature of injuries suffered, it would be
just and proper to award a sum of Rs.30,000/- under this
head.
13. The compensation awarded by the Tribunal
under the remaining heads does not call for any
interference by this Court.
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14. Therefore, the appellant is entitled for the
modified compensation under different heads as below:
Pain and suffering Rs.50,000/-
Medical expenses Rs.35,000/-
Loss of future earnings Rs.2,35,200/-
Loss of income during laid up period Rs.21,000/-
Food and nourishment Rs.20,000/-
Conveyance and attendant charges Rs.20,000/-
Loss of amenities Rs.30,000/-
Total Rs.4,11,200/-
Less: awarded by Tribunal Rs.3,63,000/-
Enhancement Rs.48,200/-
Thus, the appellant is entitled for enhanced
compensation of Rs.48,200/- with interest. Therefore, the
appeal deserves to be allowed in part.
15. Accordingly, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award passed
by the Tribunal is modified by awarding a
sum of Rs.48,200/- in addition to what has
been awarded by the Tribunal together with
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interest at 6% p.a. from the date of petition
till its realization.
(iii) Respondent No.2 - Insurance Company is
directed to deposit the entire compensation
amount within a period of six weeks from the
date of this order.
(iv) The other conditions in respect of the deposit
etc., remain unaltered.
Sd/-
(C M JOSHI)
JUDGE
LG
