Karnataka High Court
Mr. Veerabhadra Kharvi vs Mr. Anand Kharvi on 17 August, 2015
Author: C.R.Kumaraswamy
Bench: C.R. Kumaraswamy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2015
BEFORE
THE HON'BLE Mr. JUSTICE C.R. KUMARASWAMY
MISCELLANEOUS FIRST APPEAL NO.871 OF 2015 (MV)
C/W.
MISCELLANEOUS FIRST APPEAL NO.873 OF 2015 (MV)
IN MFA.NO.871/2015:
BETWEEN:
MR.VEERABHADRA KHARVI
S/O LAKSHMANA KHARVI
AGED ABOUT 26 YEARS
R/AT AMMANAVARA THOPLU
UPPUNDA VILLAGE AND POST
KUNDAPURA TALUK
UDUPI DISTRICT ... APPELLANT
(BY SRI.K.PRASANNA SHETTY, ADVOCATE)
AND :
1. MR.ANANDA KHARVI
S/O NAGA KHARVI
AGED ABOUT 25 YEARS
R/AT JANATHA COLONY
UPPUNDA VILLAGE AND POST
KUNDAPURA TALUK
UDUPI DISTRICT-576 201
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2. NEW INDIA ASSURANCE CO.LTD.,
BRANCH OFFICE: KUNDAPURA-576201
REPRESENTED BY ITS
BRANCH MANAGER ... RESPONDENTS
(BY SRI.R.JAI PRAKASH, ADVOCATE FOR R2,
NOTICE TO R1 DISPENSED WITH VIDE ORDER
DATED:20.02.2015)
THIS APPEAL IS FILED UNDER SECTION 173[1] OF
THE MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED:21.11.2014 PASSED IN
MVC.NO.678/2013 ON THE FILE OF THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MACT, UDUPI, (SITTING
AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA.NO.873/2015:
BETWEEN:
MR.RAGHAVENDRA KHARVI
S/O NAGA KHARVI
AGED ABOUT 31 YEARS
R/AT RAMANA MANE
UPPUNDA VILLAGE AND POST
KUNDAPURA TALUK
UDUPI DISTRICT ...APPELLANT
(BY SRI.K.PRASANNA SHETTY, ADVOCATE)
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AND:
1. MR.ANANDA KHARVI
S/O NAGA KHARVI
AGED ABOUT 25 YEARS
R/AT JANATHA COLONY
UPPUNDA VILLAGE AND POST
KUNDAPURA TALUK
UDUPI DISTRICT-576201
2. NEW INDIA ASSURANCE CO.LTD.,
BRANCH OFFICE, KUNDAPURA
REPRESENTED BY ITS
BRANCH MANAGER ...RESPONDENTS
(BY SRI.R.JAI PRAKAH, ADVOCATE FOR R2,
NOTICE TO R1 DISPENSED WITH VIDE ORDER
DATED:17.08.2015)
THIS APPEAL IS FILED UNDER SECTION 173[1] OF THE
MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED:21.11.2014 PASSED IN
MVC.NO.679/2013 ON THE FILE OF THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT
KUNDAPURA) KUNDAPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING :
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JUDGMENT
This Miscellaneous First Appeal is filed under section 173[1] of the Motor Vehicles Act, 1988, against the Judgment and Award dated 21.11.2014 passed in MVC No.678/2013 on the file of the Additional District and Sessions Judge, MACT, Udupi, [sitting at Kundapura], Kundapura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
2. With the consent of learned Counsel for the Appellant as well as learned Counsel for the respondents, this matter was taken up for final disposal and thereafter this matter was heard on merits. The materials placed before this Court is sufficient to dispose of this case.
3. The case of the claimant before the Claims Tribunal is as under:
That on 30.03.2013 at about 5.30 pm, the Claimant was traveling in motor cycle bearing registration No.KA-20-ED- 795 along with Raghavendra Kharvi. Raghavendra Kharvi was 5 riding the motor cycle. When the motor cycle came near school at Uppunda Village, at that time, motor cycle bearing registration No.KA-20-EB-241 came and dashed his motor cycle. Consequently, the claimant sustained injuries.
4. The Respondent No.2 has filed objection statement in the Tribunal.
5. In MVC No.678/2013, the Claims Tribunal has awarded compensation of Rs.70,300/-.
6. Not satisfied with the Award amount, the claimant has presented this appeal.
7. The Claimant is aged about 25 years. His occupation is fish business. He was inpatient for about six days. He has sustained open fracture MPX right index with bone loss with extensor tendon injury. The Doctor has stated in his evidence that there is disability of 12% to the right upper limb. The Doctor has omitted to state the 6 disability to the whole body. Therefore, the disability can be assessed at 5%.
8. Though the claimant has sustained open fracture MPX right index with bone loss with extensor tendon injury, the Claims Tribunal has awarded compensation of Rs.25,000/- under the head 'pain and suffering', which in my opinion is on the lower side and therefore it is increased to Rs.40,000/-.
9. Due to the injuries sustained by the claimant, there is curtailment of enjoyment of life. Therefore, it is just and reasonable to award a sum of Rs.20,000/- under the head 'loss of amenities'.
10. The Claims Tribunal has awarded Rs.18,300/- towards 'medical expenses'. It is rounded of to Rs.19,000/-.
11. Rs.6,000/- each is awarded under the head 'Attendant Charges', 'Conveyance Charges' and 'Nourishment Expenses'. 7
12. The Claimant was hospitalized for about six days. Even after discharge from the hospital, he has to take rest. Therefore, it is just and reasonable to award a sum of Rs.14,000/- under the head 'loss of income during laid up period'.
13. Since the year of accident is 2013, the income of the injured is assessed at Rs.7,000/-. The disability is assessed at 5%. Therefore, the loss of income proportionate to disability of 5% would be Rs.350/- per month. Proper multiplier applicable would be '18'. So, due to the reduced capacity of work, the claimant has lost income of Rs.75,600/- [350 x 12 = 4200 x 18].
14. In all, the claimant is entitled to the compensation under the following heads:
Sl. Particulars Amount
No. [in Rs.]
1 Pain and Suffering 40,000
2 Loss of Amenities 20,000
3 Medical expenses 19,000
4 Attendant charges 6,000
5 Conveyance Charges 6,000
6 Nourishment
Expenses 6,000
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7 Loss of income
during laid up period
for two months 14,000
8 Loss of earning
capacity 75,600
TOTAL 1,86,600
15. The enhanced compensation amount will bear interest at 8% per annum from the date of petition till the date of payment.
16. In MFA No.873/2015, the Claims Tribunal has awarded compensation of Rs.69,900/-.
17. Not satisfied with the Award amount, Sri. Raghavendra Kharvi, has presented this appeal.
18. However, taking into consideration the nature of injuries, if a further sum of Rs.20,000/- is awarded with 8% interest, ends of justice will be met and in my opinion, it would be just and reasonable compensation.
19. In the result, I pass the following:
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ORDER [i] MFA No.871/2015 is allowed in part. [ii] The compensation is enhanced from Rs.70,300/- as awarded by the Tribunal to Rs.1,86,600/-. [iii] MFA No.873/2015 is allowed in part. [iv] A further sum of Rs.20,000/- is awarded to the Claimant. Respondent shall pay this sum in addition to sum already awarded. [v] The enhanced compensation amount will bear interest at 8% per annum from the date of petition till the date of payment in both the appeals.
[iv] Rest of the Judgment and Award is accepted.
Sd/-
JUDGE AN/-