Karnataka High Court
Babu S/O Hanamanth vs S. Srinivasa Rao S/O Shivangula ... on 25 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:7323
MFA No. 201268 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 201268 OF 2023 (MV-I)
BETWEEN:
BABU S/O HANAMANTH
AGE: 28 YEARS, OCC: SUPERVISOR,
AT SHREE CEMENT COMPANY, KODLA,
R/O. NEAR KAMALI BABA DARGA WADI,
CHITTAPUR, DIST KALABURAGI
NOW AT HAGARGA VILLAGE,
TQ. AND DIST. KALABURAGI-585102.
...APPELLANT
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
Digitally signed
by SUMITRA
SHERIGAR 1. S. SRINIVASA RAO S/O SHIVANGULA
Location: HIGH AGE: MAJOR, OCC: PRIVATE WORK,
COURT OF
KARNATAKA MOTOR CAR HYUNDAI BEARING
NO. TS 09 EW 5315,
R/O 3-6-767 FLAT NO. 502
ANITHA TOWERS STREET NO.14,
HIMAYATH NAGAR, HYDERABAD
TELANGANA STATE -500029.
2. THE ICICI LOMBARD
GENERAL INSURANCE COMPANY LTD.,
THROUGH ITS BRANCH MANAGER,
THIRD FLOOR, A K ASIAN GRAND OPP,
GESCOM OFFICE, STATION ROAD,
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NC: 2024:KHC-K:7323
MFA No. 201268 of 2023
KALABURAGI-585102.
POLICE NO .3001/180195689/00/B00 VALID FROM
14-09-2019 TO 13-09-2020
THE DIVISION MANAGER.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION TO
RS.11,19,370/- (EXCLUDING THE AMOUNT AWARDED BY THE
TRIBUNAL) ALONG WITH INTEREST BY MODIFYING THE
JUDGMENT AND AWARD OF THE I ADDL. SENIOR CIVIL JUDGE
AND MACT- KALBURAGI, DATED 16.10.2021 IN MVC NO.
537/2020,
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. In respect of an accident which is not in dispute and the liability of the insurer to pay the compensation is also not in dispute.
2. The Tribunal has awarded a sum of Rs.6,80,630/-. In assessing the said compensation the Tribunal has assessed the disability at 13.66% for a fracture of the femur suffered by the claimant and has taken the income -3- NC: 2024:KHC-K:7323 MFA No. 201268 of 2023 notionally at Rs.14,750/-. In my view, the assessment of disability and the adoption of a notional income according to chart prepared by the Karnataka State Legal Services Authority cannot be found fault with.
3. It is however noticed that the Tribunal has awarded only a sum of Rs.20,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities and a sum of Rs.15,000/- towards future medical expenditure. In my view, these sums are required to be enhanced to Rs.40,000/-, Rs.30,000/- and Rs.25,000/- respectively.
4. The Tribunal has awarded a sum of Rs.4000/- towards attendant, food and conveyance charges. In my view, since the claimant was hospitalized for 08 days, it would be appropriate award a sum of Rs.15,000/ towards attendant, food and conveyance charges.
5. The sum of Rs.2,25,680/- awarded towards medicals expensed is affirmed since it is based on documentary evidence.
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NC: 2024:KHC-K:7323 MFA No. 201268 of 2023
6. The Tribunal has taken the laid up period as only one month. In my view, since the claimant has suffered a fracture of the femur, it would be appropriate to treat the laid up period as three months and award a sum of Rs.44,250/-.
7. Thus, the claimant, in modification of the impugned award, would be entitled to the following sums :
Sl.No. Heads By this Court
1. Pain and suffering Rs.40,000/-
2. Medical expenses Rs.2,25,680/-
3. Attendant, food and Rs.15,000/-
conveyance charges
4. Loss of future income Rs.3,91,200/-
5. Loss of amenities Rs.30,000/-
6. Laid up period Rs.44,250/-
7. Future medical Rs.25,000/-
expenses
Total Rs.7,71,130/-
8. Thus, the claimant is held entitled to the total compensation of Rs.7,71,130/- as against Rs.6,80,630/-, along with interest at the rate of six per cent per annum from the date of petition till its realization. -5-
NC: 2024:KHC-K:7323 MFA No. 201268 of 2023
9. The Insurer is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.
10. The deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA) JUDGE MSR List No.: 1 Sl No.: 12