Karnataka High Court
Mr P T Thomas vs New India Assurance Company Ltd on 5 August, 2024
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NC: 2024:KHC:31038
MFA No. 2306 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.2306 OF 2022(MV-I)
BETWEEN:
MR. P. T. THOMAS,
S/O PILIPOSE,
AGED ABOUT 57 YEARS
R/O NERLA HOUSE,
ICHILAMPADY POST AND
VILLAGE, PUTTUR TQ.,
PRESENTLY R/AT
Digitally signed by PANJIMOGARU KULOOR,
AASEEFA
PARVEEN MANGALORE.
Location: HIGH ...APPELLANT
COURT OF
KARNATAKA (BY SRI. GURUPRASAD B. R.,ADVOCATE (VC))
AND:
1. NEW INDIA ASSURANCE COMPANY LTD.,
12TH FLOOR, NAURGAN HOUSE
KASTURBA GANDHI MARG,
NEW DLEHI - 110001
LOCAL OFFICE:
FORTUNE BUILDING, 4TH FLOOR
OPP. TO ATHENA HOSPITAL, FALNIR,
MANGALURU - 575 002.
REPRESENTED BY MANAGER
2. MR. K. JAYARAM,
S/O SHIVAPPA GOWDA,
AGED MAJOR,
R/AT KODIBAIL HOUSE,
KADABA,
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NC: 2024:KHC:31038
MFA No. 2306 of 2022
PUTTUR TQ - 574 221.
...RESPONDENTS
(BY SRI. A. R. LAKSHMI NARAYANA, ADVOCATE FOR R1 (VC);
V/O. DATED 16.03.2023,
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 08.07.2021 PASSED IN MVC
NO.369/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT
AND SESSIONS JUDGE, MACT-IV, DAKSHINA KANNADA,
MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Guruprasad.B.R, learned counsel for the appellant as well as Sri.A.R.Lakshmi Narayana, learned counsel who represents respondent No.1. Both the learned counsel made their appearance through video conference and argued.
2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal-IV, Dakshina Kannada, Mangaluru in MVC No.369/2018 dated -3- NC: 2024:KHC:31038 MFA No. 2306 of 2022 08.07.2021. As against the claim for Rs.10,00,000/-, the Tribunal has awarded sum of Rs.3,79,370/- as compensation and aggrieved by the same, the claimant is before this Court by way of an appeal.
3. Arguing the matter, learned counsel Sri.Guruprasad.B.R submits that though the Tribunal has awarded just compensation under all heads, it failed to award any amount towards loss of earning during laid up period. Learned counsel states that the appellant sustained fracture of both bones of left leg and he took treatment as inpatient for a considerable period. Learned counsel also states that the functional disability in respect of whole body as assessed by the Tribunal is 15%. Learned counsel further states that the appellant as an agriculturist was earning huge sum by the date of accident but due to the injury sustained, he could not move from bed for a period of six months. Learned counsel ultimately seeks to award just sum under the head loss of income during laid up period.
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NC: 2024:KHC:31038 MFA No. 2306 of 2022
4. On the other hand, learned counsel Sri.A.R.Lakshmi Narayana submits that the appellant took treatment as inpatient only for a period of one week. Learned counsel also states that considering the immobility of the appellant during the said period, loss of income during laid up period may be awarded.
5. As per material available on record the appellant sustained punctured wound to his left leg and it was found that there was fracture of both bones of left leg. Also there were multiple abrasions over left forearm. Further it is not in dispute that considering the evidence of Pw.2 an Orthopedic Surgeon and evidence of Pw.1, the Tribunal assessed the functional disability in respect of whole body as 15%. The Tribunal took the notional income of the appellant as Rs.11,000/- p.m. Having considered the nature of injuries sustained and the treatment taken, this Court is of the view that the appellant would not have attended his normal duties atleast for a period of 4 months. Therefore, loss of earning during laid up period -5- NC: 2024:KHC:31038 MFA No. 2306 of 2022 comes to Rs.44,000/- (11,000X4). Except intervention in that regard, this Court does not find any other grounds to modify or add to the impugned order. Therefore, this Court considers desirable to dispose of the matter accordingly.
6. Thus the following:
ORDER
(i) Appeal is allowed in part.
(ii) The compensation awarded by Motor Accidents Claims Tribunal-IV, Dakshina Kannada, Mangaluru through orders in MVC No.369/2018 dated 08.07.2021 is enhanced by Rs.44,000/-.
(iii) The enhanced amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit.
(iv) Respondent No.1 is directed to deposit
enhanced amount within a period of
8(eight) weeks from the date of receipt of copy of this order.-6-
NC: 2024:KHC:31038 MFA No. 2306 of 2022
(v) On such deposit, the appellant is permitted to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM, List No.: 1 Sl No.: 51