Karnataka High Court
Sri. Sunil S/O Sangappa Thaned vs Sri. Sidharth S/O Vivek Gadave on 2 April, 2024
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NC: 2024:KHC-D:6045
MFA No. 102513 of 2016
C/W MFA.CROB No. 100078 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102513 OF 2016 (MV-I)
C/W
MFA CROSS OBJ NO. 100078 OF 2018
IN MFA NO.102513/2016
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD,
THE DIVISIONAL MANAGER,
SIDHIVINAYAK COMPLEX, SANGLI,
MAHARASHTRA-416416,
REPRESENTED THROUGH
THE NEW INDIA ASSURANCE COMPANY LTD,
MOTOR THIRD PARTY CLAIMS HUB, II FLOOR,
SRINATH COMPLEX, COTTON MARKET,
HUBBALLI, DIST: DHARWAD-580029,
REPRESENTED BY ITS
DULY CONSTITUTED ATTORNEY.
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
Digitally signed AND:
by ROHAN
HADIMANI T
Location: HIGH
COURT OF
1. SRI. SUNIL S/O. SANGAPPA THANED,
KARNATAKA
AGED ABOUT 31 YEARS,
OCC: ASSISTANT PROFESSOR,
PERMANENT R/O. MUDDEBEHAL, DIST: BIJAPUR,
NOW RESIDINT AT: DESAI PLOT NO.3, KEB ROAD,
RAIBAG, TQ: RAIBAG, DIST: BELAGAVI.
2. SRI. SIDHARTH S/O. VIVEK GADAVE,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHAMOPAGADH BUNGLOW,
BEHIND LIC COLONY, 100 FT ROAD, SANGLI,
DIST: SANGLI, MAHARASHTRA-416416.
...RESPONDENTS
(BY SMT. BHARATHI G. BHAT, ADV. FOR R1;
NOTICE TO R2 DISPENSED WITH)
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NC: 2024:KHC-D:6045
MFA No. 102513 of 2016
C/W MFA.CROB No. 100078 of 2018
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH MVC NO.1683/2014 ON THE FILE OF THE COURT
OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL RAIBAG, AT: RAIBAG,
EXAMINE THE SAME AND MODIFY THE AWARD DATED 16-05-2016
AND TO REDUCE THE COMPENSATION TO JUST LEVEL IN THE
INTEREST OF JUSTICE.
IN MFA CROB NO.100078/2018
BETWEEN:
SRI. SUNIL S/O. SANGAPPA THANED,
AGED ABOUT 33 YEARS, OCC: ASSISTANT PROFESSOR,
R/O. MUDDEBIHAL, TQ: MUDDEBIHAL,
DIST: VIJAYAPURA, NOW R/O. PLOT NO.3,
KEB ROAD, TQ: RAIBAG, DIST: BELAGAVI.
...CROSS OBJECTOR
(BY SMT. BHARATHI G. BHAT, ADVOCATE)
AND:
1. SRI. SIDHARTH S/O. VIVEK GADAVE,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHAMOPAGADH BUNGLOW,
BEHIND LIC COLONY, 100 FT ROAD, SANGLI,
DIST: SANGLI, MAHARASHTRA-416416.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LIMITED,
SIDHIVINAYAKA COMPLEX, NEAR TATA PETROL PUMP,
MIRAJ ROAD, SANGLI, MAHARASHTRA-416416.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.102513/2016 IS FILED UNDER
ORDER XLI RULE 22 OF CPC, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 16-05-2016, PASSED
BY THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL, RAIBAG, IN M.V.C NO.1683/2014, BY ENHANCING THE
COMPENSATION UNDER ALL PERMISSIBLE HEADS IN THE INTEREST
OF JUSTICE.
THIS APPEAL AND CROB, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6045
MFA No. 102513 of 2016
C/W MFA.CROB No. 100078 of 2018
JUDGMENT
Though this appeal as well as cross objection are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal.
2. MFA No.102153/2016 is filed by the insurance company challenging the quantum of compensation, whereas, MFA Crob No.100078/2018 is filed by the injured-claimant seeking enhancement of compensation. Both the appeal and cross objection are filed being aggrieved by the judgment and award dated 16.05.2016 passed in MVC.No.1683/2014 by the Senior Civil Judge & MACT, Raibag, (for short, 'Tribunal').
3. Heard the learned counsel Smt.Preethi Shashank for the appellant/insurance company and learned counsel Smt.Bharathi G.Bhat, for the cross-objector/injured.
4. Learned counsel for the insurance company submits that the Tribunal has committed an error in awarding compensation under the head of loss of future income to the injured-claimant. Admittedly, the injured continued with his employment after the accident, hence, there cannot be any award of compensation under the head of loss of future income -4- NC: 2024:KHC-D:6045 MFA No. 102513 of 2016 C/W MFA.CROB No. 100078 of 2018 to the injured-claimant as he has not lost any income due to the accidental injuries. It is submitted that that the award of interest by the Tribunal at 9% p.a. is on the higher side, which requires to be modified appropriately by allowing the appeal filed by the insurance company.
5. Per contra, learned counsel for the cross- objector/injured submits that the injured-claimant has produced additional documents in the appeal which clearly indicate that the income of the injured has been drastically reduced, hence, the Tribunal is justified in awarding compensation under the head of loss of future income due to disability. It is submitted that the Tribunal has committed an error in assessing the disability of the injured at 5%, hence, seeks to re-assess the same by dismissing the appeal filed by the insurance company and by allowing the cross objection filed by the injured-claimant.
6. I have heard the learned counsel for the parties and perused the material available on record including the Tribunal records.
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NC: 2024:KHC-D:6045 MFA No. 102513 of 2016 C/W MFA.CROB No. 100078 of 2018
7. It is not in dispute that on 13.01.2014 the injured- claimant met with a road accident and sustained fracture of both legs and taken treatment. In support of his claim, the injured-claimant examined himself as PW-1 and PW-2 doctor who has deposed before the Tribunal that the injured-claimant has sustained 30% disability. Considering the said evidence and by assessing the income of the injured at Rs.38,000/- p.m., the Tribunal awarded the compensation under the head of loss of future income. The material available on record clearly indicates that the injured-claimant has not lost the job due to accidental injures. Hence, the Tribunal has committed an error in awarding Rs.3,87,600/- under the head of loss of future income, which the injured-claimant is not entitled to.
8. PW-2, in his evidence, has clearly deposed that the injured-claimant is in need of future medical treatment, taking note of the same, this Court awards compensation of Rs.30,000/- under the head of future medical expenses. Similarly, the claimant was in-patient for a period of 12 days and both the legs were fractured, hence, he has taken bed rest for a period of 3 ½ months, hence, the claimant-injured is -6- NC: 2024:KHC-D:6045 MFA No. 102513 of 2016 C/W MFA.CROB No. 100078 of 2018 entitled to compensation of Rs.1,54,236/- (Rs.38,559 X 4) under the head of loss of income during the laid-up period.
9. On re-appreciation of the oral testimony of PW-2, disability certificate, wound certificate and other medical evidence available on record, this Court is of the considered view that the injured-claimant has sustained fracture of both legs and hence, it would be just and appropriate to award the following compensation:
Particulars Amount
(in Rs.)
Pain & suffering 60,000
Medical expenses 1,90,000
Conveyance, attendant, nourishment 20,000
& Miscellaneous charges
Loss of amenities 50,000
Future medical expenses 30,000
Loss of income during laid-up period 1,54,236
Total 5,04,236
Thus, the cross-objector/claimant are entitled to total compensation of Rs.5,04,236/- as against Rs.5,92,600/- awarded by the Tribunal.
10. The Tribunal committed an error in granting rate of interest at 9% per annum on the compensation amount. -7-
NC: 2024:KHC-D:6045 MFA No. 102513 of 2016 C/W MFA.CROB No. 100078 of 2018 Taking note of present bank rate of interest, the cross-objector would be entitled to interest at the rate of 6% per annum on the entire compensation amount.
11. In the result, I proceed to pass the following:
ORDER
a) Both appeal and cross objection are allowed- in-part.
b) The impugned judgment and award of the Tribunal is modified to an extent that the cross-objector/claimant would be entitled to total compensation of Rs.5,04,236/- as against Rs.5,92,600/- awarded by the Tribunal
c) The modified compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.
d) The insurance company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.
e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal.-8-
NC: 2024:KHC-D:6045 MFA No. 102513 of 2016 C/W MFA.CROB No. 100078 of 2018
f) The amount in deposit, if any, shall be transmitted to the Tribunal.
g) Draw modified award accordingly.
h) In view of the disposal of the cross-objection, pending application, if any, does not survive for consideration.
Sd/-
JUDGE BSR Ct-an List No.: 1 Sl No.: 32