Karnataka High Court
Santosh S/O Khajayya vs Sabayya And Anr on 25 March, 2025
-1-
NC: 2025:KHC-K:1892
MFA No. 200803 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. JOSHI
MISCL. FIRST APPEAL NO.200803/2018(MV-I)
BETWEEN:
SANTOSH S/O KHAJAYYA,
AGE: 27 YEARS, OCC: STUDENT OF MA
AND RUNNING TUTORIAL CLASSES, NOW NIL,
R/O VILLAGE MALABAD,
TQ. AFZALPUR,
NOW RESIDING AT CIVIL POLICE QUARTERS
BEARING NO.160-B,
KALABURAGI-585 301.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADV.)
Digitally signed
by SHIVALEELA
DATTATRAYA
UDAGI AND:
Location: HIGH
COURT OF
KARNATAKA
1. SABAYYA S/O BASAYYA,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF MOTOR CYCLE BEARING
NO.KA-32/EG-8343, R/O VILLAGE ALLUR,
TQ. JEWARGI,
DIST. KALABURAGI-585 325.
2. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, OPP. SBH BANK,
NEAR TIMMAPURI CIRCLE,
-2-
NC: 2025:KHC-K:1892
MFA No. 200803 of 2018
KALABURAGI-585 102,
REPRESENTED BY ITS
AUTHORIZED OFFICER.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADV., FOR R2;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING
TO MODIFY THE JUDGMENT AND AWARD DATED 12.01.2017
PASSED IN MVC NO.40/2015 ON THE FILE OF III ADDL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI AND ALLOW
THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT
TO RS.14,99,999/- ONLY, 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)
1. Though this matter is slated for admission, with
the consent of both the parties it is taken up for final
disposal.
2. Heard learned counsel appearing for the
appellant-petitioner and learned counsel appearing for
respondent No.2 - Insurance Company.
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3. This appeal is by the claimant against the
judgment and award dated 12.01.2017 passed in MVC
No.40/2015 by the III Additional Senior Civil Judge and
MACT, Kalaburagi, (for short 'the Tribunal'), seeking
enhancement of the compensation amount.
4. Learned counsel appearing for the appellant
submits that the petitioner is entitled for marginal increase in
the compensation amount, since the Tribunal has not taken
the income of the petitioner properly and the compensation
under the heads of loss of amenities in life and pain and
suffering is on the lower side.
5. The petitioner had suffered fracture of left shaft
femur and he was inpatient for a period of nine days, during
which, he was treated with ORIF and nailing. The petitioner
claims that at the time of accident he was aged 30 years,
working as Coolie and earning Rs.15,000/- per month.
Therefore, claims compensation in respect of injuries
suffered by him.
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6. Learned counsel appearing for respondent No.2
would submit that the compensation amount awarded by the
Tribunal is adequate, just and proper and therefore, no
indulgence is required. It is also brought to the notice of the
Court that respondent No.2 - Insurance Company had
challenged the impugned judgment in MFA No.200703/2017
on the ground that the rider has no Driving Licence and the
said appeal has been dismissed on merits.
7. A careful perusal of the records would reveal that
the petitioner had sustained fracture of the left shaft of
femur and he was inpatient for a period of 9 days, during
which, he underwent surgeries. The Disability Certificate
shows that the implants are in situ. The records also reveal
that the petitioner was aged about 30 years at the time of
accident and has not produced any material to show his
income. Therefore, the Tribunal is justified in adopting the
notional income. It is pertinent to note that the guidelines
issued by the Karnataka State Legal Services Authority
(KSLSA) for settlement of the disputes before the Lok Adalat
prescribe the notional income of Rs.7,500/- for the year
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2014. The Tribunal assessed the notional income at
Rs.7,000/- per month instead of Rs.7,500/-. Further, the
PW2 who assessed the disability of the petitioner has given
Disability Certificate stating that the disability is 26%.
Considering the nature of the injuries and avocation of the
petitioner, the Tribunal assessed the disability at 9%, which
is also proper and correct. Therefore, the loss of future
income due to disability is calculated as Rs.7,500/- x 12 x 17
x 9% = Rs.1,37,000/-.
8. The Tribunal has awarded a sum of Rs.30,000/-
towards pain and suffering and considering the nature of the
injuries suffered, the same is enhanced to Rs.35,000/-.
9. The Tribunal has awarded a sum of Rs.10,000/-
under the head of loss of amenities in life and the same
needs to be enhanced to Rs.30,000/-.
10. The loss of income during laid up period is
calculated for 03 months at Rs.7,500/-, which comes to
Rs.22,500/-.
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11. The records reveals that the implants are in situ
and therefore a sum of Rs.25,000 has been awarded towards
future medical expenses, however, it will not carry any
interest.
12. The compensation awarded under remaining
heads does not require any indulgence by this Court.
Accordingly, the appellant-petitioner is entitled for total
compensation of Rs.2,97,873/- as below, as against
Rs.2,38,000/- awarded by the Tribunal:
Sl. Heads Award by the Award by this
No. Tribunal Court
1 Pain and sufferings Rs.30,000/- Rs.35,000/-
2 Medical expenses Rs.39,373/- Rs.39,373/-
3 Loss of future income Rs.1,28,520/- Rs.1,37,000/-
4 Attendant's charges, Rs.9,000/- Rs.9,000/-
food and conveyance
5 Loss of amenities and Rs.10,000/- Rs.30,000/-
nutrition food
6 Loss of income during Rs.21,000/- Rs.22,500/-
laid up period
7 Future medical -- Rs.25,000/-
expenses
Total Rs.2,37,893/- Rs.2,97,873/-
Rounded to Rs.2,38,000/-
Less: Award by the Tribunal Rs.2,38,000/-
Total enhancement Rs.59,873/-
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13. In the result, the appeal deserves to be allowed
and 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 appellant is entitled for a sum of
Rs.59,873/- with interest at the rate of 6% per
annum from the date of petition till realization
(excluding interest on Rs.25,000/- awarded under
the head of future medical expenses), in addition
to what has been awarded by the Tribunal.
(iv) The respondent No.2 - Insurance
Company is directed to deposit the enhanced
compensation along with interest within a period
of 06 weeks from the date of receipt of a copy of
this judgment.
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Learned counsel Sri Manjunath Mallayya Shetty is
permitted to file Vakalat for respondent No.2 within two
weeks.
Sd/-
(C.M. JOSHI)
SBS JUDGE
CT: AK
