Karnataka High Court
Bhimanna S/O Shankrappa Sajjan @ ... vs Praveen And Anr on 25 July, 2024
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NC: 2024:KHC-K:5304-DB
MFA No. 202167 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO. 202167 OF 2019 (MV-I)
BETWEEN:
BHIMANNA
S/O SHANKRAPPA SAJJAN
@ SAJJANSHETTY,
AGE: 37 YEARS,
OCC: ELECTRONIC
(TV & RADIO REPAIR) WORK
AND AGRI, NOW NIL,
R/O: DIGGI VILLAGE,
TQ: SHAHAPUR, DIST: YADGIR.
NOW AT NEAR BASAVESHWAR
Digitally signed by KALYANMANTAPA, GANDHI CHOUK ROAD,
BASALINGAPPA
SHIVARAJ YADGIR, TQ. & DIST: YADGIR.
DHUTTARGAON
...APPELLANT
Location: HIGH
COURT OF (BY SRI. SIDRAMREDDY VENKANNA PARADDY, ADVOCATE)
KARNATAKA
AND:
1. PRAVEEN
S/O MALLAPPA KATTI,
AGE: 32 YEARS,
OCC: BUSINESS,
R/O: ROHINI MICRONUTRIENT INDUSTRIES,
MUDHOL ROAD, MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT- 587 312.
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NC: 2024:KHC-K:5304-DB
MFA No. 202167 of 2019
2. THE BRANCH MANAGER
RELIANCE GENERAL INSURANCE CO. LTD.,
STATION ROAD, SVP CHOWK,
KALABURAGI- 585 104.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2;
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE ABOVE MISC. FIRST APPEAL AND AWARD
COMPENSATION OF RS.20,61,000/- ALONG WITH INTEREST OF
9% P.A. BY MODIFYING THE JUDGMENT AND AWARD DATED
06.05.2019 PASSED BY THE SENIOR CIVIL JUDGE AND C.J.M
AT YADGIR, IN MVC NO.235/2017, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K) This Miscellaneous First Appeal directed against the judgment and award passed in M.V.C.No.235/2017 dated 06.05.2019 by the Court of Senior Civil Judge and CJM, Yadgir (hereinafter referred to as 'the Tribunal', for short), wherein the Tribunal partly allowed the claim petition filed by the appellant/petitioner and awarded compensation of -3- NC: 2024:KHC-K:5304-DB MFA No. 202167 of 2019 Rs.4,39,000/- with interest at the rate of 6% per annum from the date of petition till its realization.
2. For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal.
3. The brief facts leading rise to filing of this appeal are as under:
On 15.07.2017, the claimant/petitioner was proceeding towards his village Diggi from Shahapur on a Motorcycle bearing Registration No.KA-02/R-7869 on Shahapur-Shorapur Main Road. When the petitioner was moving near Hiremath petrol pump of Shahapur Town, one Eicher Tempo HGV vehicle bearing Registration No.KA- 48/3742 came from rare side with high speed and dashed to the Motorcycle of the petitioner, due to which, the vehicle of the petitioner turn turtle on the road. As such, he fell down and sustained grievous injuries. Thereafter, he was shifted to Government General Hospital and then he was shifted to GSHs Fracture and Ortho Hospital as -4- NC: 2024:KHC-K:5304-DB MFA No. 202167 of 2019 inpatient. The jurisdictional Police registered the FIR against the driver of the HGV vehicle based on the complaint lodged by the petitioner. Since the offending vehicle was covered by insurance policy of respondent No.2/Insurance Company. The petitioner filed the claim petition before the Tribunal claiming compensation for the injuries sustained in a road accident.
4. In pursuance of the notice issued to respondent Nos.1 and 2, they appeared before the Tribunal and filed their statement of objections by denying the averments made in the claim petition.
5. The Tribunal on the basis of the pleadings of the parties framed the issues and recorded the evidence. In order to prove the case, the petitioner No.1 himself examined as PW.1 and got marked 22 documents as Exs.P1 to P22. Though the respondents not examined any witness on their behalf, but got marked 3 documents as Exs.R1 to R3.
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6. After assessment of oral and documentary evidence, the Tribunal partly allowed the claim petition filed by the petitioner. The challenge to the same is lis before this Court.
7. We have heard the learned counsel Sri Sidramreddy Venkanna Paraddy for appellant and learned counsel Smt. Preeti Patil Melkundi for respondent No.2/Insurance Company.
8. On perusal of the records, the coverage of the insurance policy to the offending vehicle is not in question in this case, as such the only point for consideration is the quantum of compensation awarded by the Tribunal. It is the specific contention of the learned counsel for the appellant that the petitioner has sustained permanent disability in the said accident and the doctor has issued the disability certificate as per Ex.P9, which depicts that the petitioner has sustained 30% of permanent disability in spite of that the Tribunal has assessed only 14% -6- NC: 2024:KHC-K:5304-DB MFA No. 202167 of 2019 disability which is on lower side. It is contended that income of the petitioner was not properly taken into consideration by the Tribunal. The compensation awarded in other heads is on lower side. With these grounds, he prays to allow the appeal.
9. Per contra, learned counsel for the insurance company supports the impugned judgment and prays to dismiss the appeal.
10. On careful perusal of the evidence available on record though PW.2 is a doctor issued wound certificate as per Ex.P5, so also, the disability certificate at Ex.P9, depicts that the petitioner sustained permanent disability to the extent of 30% to the whole body. In such circumstances, we are of the view that the Tribunal erred by taking into consideration disability of the petitioner only to the extent of 14%, as such, we held that the disability of the petitioner to be enhanced to 20% instead of 14%. The Tribunal has considered the income of the petitioner at Rs.7,000/- p.m. Though the petitioner claim that he -7- NC: 2024:KHC-K:5304-DB MFA No. 202167 of 2019 was earning more than Rs.30,000/- p.m. However he has failed to produce any such documents to substantiate the same. In such circumstances, it would be appropriate to consider the income as per the Chart prepared by the Karnataka Legal Services Authority. Since the accident is of the year 2017, notional income has to be considered at Rs.10,250/- p.m.
11. The petitioner is aged about 35 years at the time of accident. The multiplier applied to his age group as per the judgment of the Hon'ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation reported in (2009) 6 SCC 121 is '15'. Hence, the petitioner is entitled for Rs.10,250 X 12X 15 X 20/100 = Rs.3,69,000/- under the head of 'loss of future income'.
12. Hence, we re-assess the compensation under the following different heads:
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NC: 2024:KHC-K:5304-DB MFA No. 202167 of 2019 Compensation awarded in Rs.
Particulars By the
By this Court
Tribunal
Pain and suffering Rs.30,000/- Rs.60,000/-
Medical expenses Rs.1,80,729/- Rs.1,80,729/-
Food and nourishment Rs.10,000/- Rs.30,000/-
Attendant charges Rs.5,750/- Rs.10,000/-
Conveyance charges Rs.20,000/- Rs.37,000/-
Loss of income during laid Rs.5,750/- Rs.30,750/-
up period
Loss of future income Rs.1,76,400/- Rs.3,69,000/-
Towards loss of amenities,
life comforts and Rs.10,000/- Rs.50,000/-
expectancy of life
Total Rs.4,39,000/- Rs.7,67,479/-
Enhanced by this Court Rs.3,28,479 /-
13. The petitioner is entitled for a total
compensation of Rs.7,67,479/- as against Rs.4,39,000/- awarded by the tribunal. Hence, the petitioner is entitled for an enhanced compensation of Rs.3,28,479/- with interest @ 6% p.a.
14. Hence, we proceed to pass the following:
ORDER
(a) The appeal is allowed in part. -9-
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(b) The impugned judgment and award passed by the Tribunal is modified.
(c) The petitioner is entitled for a total compensation of Rs.7,67,479/- as against Rs.4,39,000/- awarded by the tribunal. The petitioner is entitled for an enhanced compensation of Rs.3,28,479/- with interest @ 6% p.a. from the date of petition till its realization.
(d) The respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount with accrued interest before the tribunal within a period of eight weeks from the date of receipt of certified copy of this judgment.
(e) The Tribunal is directed to release the entire enhanced compensation amount in favour of the petitioner.
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(f) The registry is directed to transmit the trial court records to the Tribunal forthwith.
Sd/-
(ASHOK S. KINAGI) JUDGE Sd/-
(RAJESH RAI K) JUDGE HKV/SKS List No.: 1 Sl No.: 4 CT;BN