Karnataka High Court
Smt Chaitra.J.M. W/O.J.M.Amarayya ... vs Mahantesh S/O. Gullayya Hiremath on 20 September, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.102471/2020(MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.100299/2020(MV)
MISCELLANEOUS FIRST APPEAL NO.102465/2020(MV)
MISCELLANEOUS FIRST APPEAL NO.102466/2020(MV)
MISCELLANEOUS FIRST APPEAL NO.102467/2020(MV)
MISCELLANEOUS FIRST APPEAL NO.102468/2020(MV)
MISCELLANEOUS FIRST APPEAL NO.102469/2020(MV)
MISCELLANEOUS FIRST APPEAL NO.102470/2020(MV)
IN MFA.NO.102471/2020:
BETWEEN:
KUM. SUCHITRA S.M.
Digitally D/O. BASAVARAJ @ BASAYYA SWAMY,
signed by
SUJATA AGE - 23 YEARS, OCC - HOUSEHOLD, NOW NIL,
SUBHASH R/O -ISLAMPUR, GANGAVATHI,
PAMMAR DIST: KOPPAL, PIN-583 227.
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND:
1. MAHANTESH S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O : ARHAL, TQ : GANGAVATHI,
DIST : KOPPAL, PIN -583 235.
2. SUDHEER SUVARNA
S/O. SANJEEV K. SUVARNA,
-2-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
AGE : 38,
OCC : OWNER OF THE VEHICLE,
R/O : WARD NO.3, JAYANAGAR, GANGAVATHI,
DIST : KOPPAL, PIN -583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE,
DIST : BALLARI, PIN -583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.211/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.100299/2020:
BETWEEN:
THE MANAGER, ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE, NOW REPRESENTED BY
DEPUTY MANAGER, ORIENTAL INSURANCE COMPANY
LTD., HUBBALLI.
...APPELLANT
(BY SRI M.Y.KATAGI, ADVOCATE)
AND:
1. KUM. SANJANA D/O. J.M.AMARAYYA SWAMY,
AGE: 8 YEARS, OCC: STUDENT, SINCE MINOR
REPRESENTED BY HER NATURAL FATHER/GUARDIN
J.M.AMARAYYA SWAMY S/O J.M.GURULINGAYYA
SWAMY, AGE: 35 YEARS,
R/O: WARD NO.13, ISLAMPUR, GANGAVATHI,
DIST: KOPPAL - 583 101.
-3-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
2. MAHANTESH S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER OF TAVEERA CAR REG.
BEARING NO.KA-37/A-2826,
R/O : ARIHAL, TQ : GANGAVATHI,
DIST : KOPPAL - 583 101.
3. SUDHEER SUVARNA S/O SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER F TAVERA CAR BEARING
NO.KA-37/A-2826, R/O: NO.3, JAYANAGAR,
GANGAVATHI - 583 227.
...RESPONDENTS
(BY SRI A.M. MALIPATIL, ADVOCATE FOR R1;
R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.208/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.102465/2020:
BETWEEN:
J.M AMARAYYA SWAMY
S/O. J.M.GURULINGAYYA SWAMY,
AGE: 35 YEARS, OCC: BUSINESS, NOW NIL,
R/O: WARD NO.13, ISLAMPUR, GANGAVATHI,
DIST: KOPPAL, PIN - 583 227.
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND:
1. MAHANTESH
S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O : ARHAL, TQ : GANGAVATHI,
DIST : KOPPAL, PIN - 583 235.
-4-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
2. SUDHEER SUVARNA
S/O. SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER OF THE VEHICLE,
R/O: WARD NO.3, JAYANAGAR,
GANGAVATHI, DIST: KOPPAL, PIN: 583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE,
DIST: BALLARI, PIN: 583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.205/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.102466/2020:
BETWEEN:
SMT. ANUSUYA W/O. SHARANAYYA SWAMY,
AGE: 43 YEARS, OCC: HOUSEWIFE,
R/O: WARD NO.13, ISLAMPUR,
GANGAVATHI, DIST: KOPPAL,
PIN - 583 227.
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND:
1. MAHANTESH
S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O : ARHAL, TQ : GANGAVATHI,
DIST : KOPPAL, PIN - 583 235.
-5-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
2. SUDHEER SUVARNA S/O. SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER OF THE VEHICLE,
R/O: WARD NO.3, JAYANAGAR,
GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE,
DIST: BALLARI, PIN: 583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.206/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.102467/2020:
BETWEEN:
KUM. PAVITRA S. M.
D/O. BASAVARAJ @ BASAYYA SWAMY,
AGE: 25 YEARS, OCC: HOUSEHOLD, NOW NIL,
R/O: ISLAMPUR, GANGAVATHI,
DIST: KOPPAL, PIN: 583 227.
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND:
1. MAHANTESH
S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O: ARHAL, TQ : GANGAVATHI,
-6-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
DIST: KOPPAL, PIN: 583 235.
2. SUDHEER SUVARNA
S/O. SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER OF THE VEHICLE,
R/O: WARD NO.3, JAYANAGAR,
GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE,
DIST: BALLARI, PIN: 583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.207/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.102468/2020:
BETWEEN:
KUM. SANJANA
D/O. J.M.AMARAYYA SWAMY,
AGE: 7 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY HER NATURAL
FATHER/GUARDIAN J.M. AMARAYYA SWAMY
S/O. J.M.GURULINGAYYA SWAMY,
AGE: 35 YEARS, R/O: WARD NO.13,
ISLAMPUR, GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
-7-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
AND:
1. MAHANTESH
S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O: ARHAL, TQ : GANGAVATHI,
DIST: KOPPAL, PIN: 583 235.
2. SUDHEER SUVARNA
S/O. SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER OF THE VEHICLE,
R/O: WARD NO.3, JAYANAGAR,
GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE,
DIST: BALLARI, PIN: 583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.208/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.102469/2020:
BETWEEN:
SMT. CHAITRA J.M.
W/O. J.M. AMARAYYA SWAMY,
AGE: 29 YEARS,
OCC: HOUSEHOLD, NOW NIL,
R/O: ISLAMPUR, GANGAVATHI,
DIST: KOPPAL, PIN: 583 227.
-8-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND:
1. MAHANTESH
S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O: ARHAL, TQ : GANGAVATHI,
DIST: KOPPAL,
PIN: 583 235.
2. SUDHEER SUVARNA
S/O. SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER OF VEHICLE,
R/O: WARD NO.3, JAYANAGAR,
GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD,
HOSAPETE,
DIST: BALLARI,
PIN: 583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.209/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA.NO.102470/2020:
BETWEEN:
-9-
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
SHARANAYYA SWAMY
W/O. VIRUPAKSHAYYA SWAMY,
AGE: 48 YEARS, OCC: PRIVATE WORK,
NOW NIL, R/O: WARD NO.13, ISLAMPUR,
GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
...APPELLANT
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND:
1. MAHANTESH S/O. GULLAYYA HIREMATH,
AGE : 29, OCC : DRIVER,
R/O: ARHAL, TQ : GANGAVATHI,
DIST: KOPPAL, PIN: 583 235.
2. SUDHEER SUVARNA
S/O. SANJEEV K. SUVARNA,
AGE: 38, OCC: OWNER OF THE VEHICLE,
R/O: WARD NO.3, JAYANAGAR,
GANGAVATHI, DIST: KOPPAL,
PIN: 583 227.
3. THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSAPETE,
DIST: BALLARI, PIN: 583 201.
...RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R3;
R1 AND R2 - NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
05.01.2019 PASSED IN MVC NO.210/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
- 10 -
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA Nos.102471/2020, 102465/2020, 102466/2020, 102467/2020, 102468/2020, 102469/2020 and 102470/2020 are filed by the claimants challenging the judgment and award dated 05.01.2019 in M.V.C. Nos.211/2017, 205/2017, 206/2017, 207/2017, 208/2017 209/2017 and 210/2017 respectively by the learned Senior Civil Judge and M.A.C.T., Gangavathi, seeking enhancement of compensation whereas MFA No.100299/2020 challenging the common judgment and award in M.V.C. No.208/2017 is filed by the insurance company contending that the quantum of compensation awarded by the tribunal is excessive one.
2. Heard the arguments and perused the material placed before the Court.
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NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.
In MFA No.102471/2020 (MVC No.211/2019)
4. In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of right foot and other injuries.
5. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. Rs.10,000
2. Towards medical reimbursement. Rs.15,750
3. Towards loss of amenities. Rs.10,000
4. Towards loss of earning during Rs.1,200 treatment period.
5. Towards loss of future income. Rs.58,320
6. Towards nourishment, attendants Rs.10,000 charges and conveyance.
Total: 1,05,270
- 12 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
7. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.15,750/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,500/- towards loss of income during laid up period for a period of 2 months, is awarded.
8. The doctor has stated that the claimant had suffered disability at 14 to 15% to the particular part and 8 to 9% to the whole body. Therefore, considering the
- 13 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 evidence of the doctor, 8% functional disability is taken into consideration as the claimant had suffered fracture of right foot and other injuries.
9. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,51,200/- (Rs.8,750 x 8% x 12 x 18).
10. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and Rs.25,000
suffering.
2. Towards medical expenses. Rs.15,750
3. Towards loss of amenities. Rs.30,000
4. Towards loss of income during Rs.17,500
laid up period and medical
- 14 -
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
treatment period.
5. Towards incidental charges like Rs.15,000
attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future income Rs.1,51,200
due to disability.
Total: Rs.2,54,450
11. Therefore, the claimant is entitled for total compensation of Rs.2,54,450/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against what has been awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. MFA No.102465/2020 (MVC No.205/2017)
12. In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of left and right fibula.
- 15 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
13. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future income Rs.1,15,200
2. Pain and Suffering Rs.10,000
3. Loss of amenities in life Rs.10,000
4. Loss of earning during Rs.600
treatment
5. Diet, Nourishment, Attendants Rs.10,000
charges and conveyance
6. Medical reimbursement Rs.8,150
Total: 1,53,950
14. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
15. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and
- 16 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 hospital charges of Rs.8,150/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,500/- towards loss of income during laid up period for a period of 2 months, is awarded.
16. The doctor has stated that the claimant had suffered disability at 20 to 22% to the particular part and 14% to the whole body. Therefore, considering the evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered fracture of left and right fibula.
17. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 32 years at the time of accident. Therefore
- 17 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 appropriate applicable multiplier is 16. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,01,600/- (Rs.8,750 x 12% x 12 x 16).
18. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and Rs.25,000
suffering.
2. Towards medical expenses. Rs.8,150
3. Towards loss of amenities. Rs.30,000
4. Towards loss of income during Rs.17,500
laid up period and medical
treatment period.
5. Towards incidental charges like Rs.15,000
attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future income Rs.2,01,600
due to disability.
Total: Rs.2,97,250
19. Therefore, the claimant is entitled for total compensation of Rs.2,97,250/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till
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NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 realization, as against what has been awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. MFA No.102466/2020 (MVC No.206/2017)
20. In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of left fibula and other injuries.
21. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future income Rs.75,600
2. Pain and Suffering Rs.10,000
3. Loss of amenities in life Rs.10,000
4. Loss of earning during treatment Rs.750
5. Diet, Nourishment, Attendants Rs.10,000 charges and conveyance
6. Medical reimbursement Rs.10,800 Total: 1,17,150
- 19 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
22. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
23. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.10,800/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,500/- towards loss of income during laid up period for a period of 2 months, is awarded.
24. The doctor has stated that the claimant had suffered disability at 18 to 20% to the particular part and 12 to 14% to the whole body. Therefore, considering the
- 20 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered fracture of left and right fibula.
25. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 42 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,76,400/- (Rs.8,750 x 12% x 12 x 14).
26. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and Rs.25,000
suffering.
2. Towards medical expenses. Rs.10,800
3. Towards loss of amenities. Rs.30,000
4. Towards loss of income during Rs.17,500
- 21 -
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
laid up period and medical
treatment period.
5. Towards incidental charges like Rs.15,000
attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future income Rs.1,76,400
due to disability.
Total: Rs.2,74,700
27. Therefore, the claimant is entitled for total compensation of Rs.2,74,700/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against what has been awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. MFA No.102467/2020 (MVC No.207/2017)
28. In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of right radius and other injuries.
- 22 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
29. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in No. (Rs.) 1. Loss of future income Rs.68,040 2. Pain and Suffering Rs.10,000 3. Loss of amenities in life Rs.10,000 4. Loss of earning during treatment Rs.1,050
5. Diet, Nourishment, Attendants Rs.10,000 charges and conveyance
6. Medical reimbursement Rs.14,150 Total: 1,13,240
30. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
31. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.14,150/- is as per the actual bills
- 23 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,500/- towards loss of income during laid up period for a period of 2 months, is awarded.
32. The doctor has stated that the claimant had suffered disability at 16 to 18% to the particular part and 10 to 12% to the whole body. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the claimant had suffered fracture of left and right fibula.
33. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 21 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of
- 24 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 future income due to disability is hereby reassessed and quantified as Rs.1,89,000/- (Rs.8,750 x 10% x 12 x 18).
34. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and Rs.25,000
suffering.
2. Towards medical expenses. Rs.14,150
3. Towards loss of amenities. Rs.30,000
4. Towards loss of income during Rs.17,500
laid up period and medical
treatment period.
5. Towards incidental charges like Rs.15,000
attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future income Rs.1,89,000
due to disability.
Total: Rs.2,90,650
35. Therefore, the claimant is entitled for total compensation of Rs.2,90,650 /-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against what has been awarded by the
- 25 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. MFA No.102469/2020 (MVC No.209/2017)
36. In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of right elbow and other injuries.
37. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future income Rs.68,040
2. Pain and Suffering Rs.10,000
3. Loss of amenities in life Rs.10,000
4. Loss of earning during treatment Rs.1,050
5. Diet, Nourishment, Attendants Rs.10,000 charges and conveyance
6. Medical reimbursement Rs.12,400 Total: 1,11,490
- 26 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
38. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
39. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.12,400/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,500/- towards loss of income during laid up period for a period of 2 months, is awarded.
40. The doctor has stated that the claimant had suffered disability at 18 to 20% to the particular part and 10 to 12% to the whole body. Therefore, considering the
- 27 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered fracture of right elbow and other injuries.
41. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 44 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,76,400/- (Rs.8,750 x 12% x 12 x 14).
42. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and Rs.25,000
suffering.
2. Towards medical expenses. Rs.12,400
3. Towards loss of amenities. Rs.30,000
4. Towards loss of income during Rs.17,500
- 28 -
NC: 2023:KHC-D:10924
MFA No. 102471 of 2020
C/W MFA No. 100299 of 2020
MFA No. 102465 of 2020
MFA No. 102466 of 2020
MFA No. 102467 of 2020
MFA No. 102468 of 2020
MFA No. 102469 of 2020
MFA No. 102470 of 2020
laid up period and medical
treatment period.
5. Towards incidental charges like Rs.15,000
attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future income Rs.1,76,400
due to disability.
Total: Rs.2,76,300
43. Therefore, the claimant is entitled for total compensation of Rs.2,76,300/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against what has been awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. MFA No.102470/2020 (MVC No.210/2017)
44. In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of right hand and other injuries.
- 29 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020
45. The tribunal has awarded compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future income Rs.1,17,600
2. Pain and Suffering Rs.10,000
3. Loss of amenities in life Rs.10,000
4. Loss of earning during Rs.1,800
treatment
5. Diet, Nourishment, Attendants Rs.10,000
charges and conveyance
6. Medical reimbursement Rs.14,200
Total: 1,63,600
46. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
47. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and
- 30 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 hospital charges of Rs.14,200/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,500/- towards loss of income during laid up period for a period of 2 months, is awarded.
48. The doctor has stated that the claimant had suffered disability at 24 to 28% to the particular part and 12 to 14% to the whole body. Therefore, considering the evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered fracture of right hand and other injuries.
49. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 44 years at the time of accident. Therefore
- 31 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,76,400/- (Rs.8,750 x 12% x 12 x 14).
50. Thus, the claimant is entitled for total compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and Rs.25,000
suffering.
2. Towards medical expenses. Rs.14,200
3. Towards loss of amenities. Rs.30,000
4. Towards loss of income during Rs.17,500
laid up period and medical
treatment period.
5. Towards incidental charges like Rs.15,000
attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future income Rs.1,76,400
due to disability.
Total: Rs.2,78,100
51. Therefore, the claimant is entitled for total compensation of Rs.2,78,100/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till
- 32 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 realization, as against what has been awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. In MFA No.100299/2020 & MFA No.102468/2020 (MVC No.208/2017)
52. In the present case the claimant is aged 5 years old and sustained injuries like comminuted fracture of hip joints, femur and other injuries. The doctor has assessed physical disability at 25% to 30% to the particular part and 12 to 15% to the whole body. The Tribunal has taken only 9% as a physical disability towards whole body. The claimant is a 5 years old child suffering from the right leg femur. Therefore, it would be more than 10% disability towards whole body. The assessment of disability is not a mathematical calculation by a fixed mathematical formula.
- 33 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 Therefore, considering the nature of injuries suffered and disability sustained, the functional disability is to be taken at 13% as per Hon'ble Supreme Court judgment in the case of Raj Kumar vs. Ajay Kumar and another1.
53. The doctor stated that the claimant is a minor child and has suffered 12 to 15% of physical disability towards whole body. It is suggested in the cross- examination to the doctor that applying 1/3 formula, it would come to 9%. Therefore, considering this, the claimant has suffered at least minimum 12 to 15% of permanent physical disability which is more than 10%. Therefore, it is just and proper to grant compensation as per guideline issued by the Hon'ble Supreme Court in the case of Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd.,2 which is as follows: 1
(2011) 1 SCC 343 2 AIR 2014 SC 736
- 34 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 Head Compensation amount Pain and suffering already undergone and to be suffered in future, mental and physical Rs. 3,00,000 shock hardship, inconvenience, and discomforts, etc. and loss of amenities in life on account of permanent disability.
Discomfort, inconvenience and loss of earnings to the parents Rs. 25,000 during the period of hospitalization.
Medical and incidental expenses Rs. 25,000 during the period of hospitalization for 58 days. Future medical expenses for correction of the mal union of Rs. 25,000
fracture and incidental expenses for such treatment.
Total Rs. 3,75,000
54. The claimant is entitled to a total compensation of Rs.3,75,000 along with interest @ 6% p.a. from the date of the petition. The Insurance Company is directed to
- 35 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 deposit the enhanced compensation with interest as above within two months from today. On such deposit, it will be open to the appellant to approach the tribunal for appropriate orders on withdrawal.
55. The Tribunal has awarded interest at the rate of 9% per annum and the same is scaled down at 6% per annum.
ORDER
i) The appeals in MFA Nos.102471/2020, 102465/2020, 102466/2020, 102467/2020, 102469/2020, 102470/2020 and 102468/2020 filed by the claimants are allowed in part.
ii) The appeal in MFA No100299/2020 filed by the insurance company is dismissed.
iii) The judgment and award MFA Nos.
102471/2020, 102465/2020, 102466/2020,
- 36 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 102467/2020, 102469/2020, 102470/2020 and 102468/2020 are filed by the claimants challenging the judgment and award dated 05.01.2019 in M.V.C. Nos.211/2017, 205/2017, 206/2017, 207/2017, 209/2017, 210/2017 and 208/2017 respectively by the learned Senior Civil Judge and M.A.C.T., Gangavathi, seeking enhancement of compensation whereas MFA No.100299/2020 filed by the insurance company in M.V.C. No.208/2017 stands modified.
iv) The claimants are entitled for total compensation of Rs.2,54,450/-, Rs.2,97,250/-, Rs.2,74,700/- Rs.2,90,650/-, Rs.2,76,300/-, Rs.2,78,100/- and Rs.3,75,000/- respectively as against what has been awarded by the
- 37 -
NC: 2023:KHC-D:10924 MFA No. 102471 of 2020 C/W MFA No. 100299 of 2020 MFA No. 102465 of 2020 MFA No. 102466 of 2020 MFA No. 102467 of 2020 MFA No. 102468 of 2020 MFA No. 102469 of 2020 MFA No. 102470 of 2020 tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization.
v) The claimants are not entitled for interest for the delayed period of 536 days in filing the appeal.
vi) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE SSP List No.: 2 Sl No.: 9 CT-ASC