Partly allowed

Adiveppa Siddappa Sajji, v. Irrappa Shivappa Gbenkannawar

Karnataka HC2 Apr 2019MFA/23490/2013

Case brief

AI extract

What is this about?

This first appeal against a Motor Accident Claims Tribunal award involved a motorcyclist who lost his right leg. The court found the imputed monthly income at Rs.3,500, disability at 80% instead of 30%, and enhanced medical and attendant charges, resulting in a higher total compensation.

What did the court decide?

Enhanced compensation of Rs.2,92,600 to be deposited by the respondent insurer within six weeks in the claimant's fixed deposit account for five years.

Adiveppa Siddappa Sajji, Vs Irrappa Shivappa… — Motor Accident Claims | Karnataka HC (2019)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶3

DATED THIS THE 2^ND AY OF APRIL 2019

¶4

PRESENT

¶5

THE HON’BLE MR. JUSTICE G.NARENDAR

¶6

AND

¶7

THE HON’BLE MR. JUSTICE BELLUNKE A.S.

¶8

MISCELLANEOUS FIRST APPEAL NO.23490 of 2013 (MV)

¶9

BETWEEN:

¶10

SHRI ADIVEPPA SIDDAPPA SAJJI AGE 43 YEARS, OCC: AGRICULTURE & GOUNDI R/O BENACHANMARDI, TAL. GOKAK DIST. BELGAUM.

¶11

... APPELLANT

¶12

(BY SRI. VITTHAL S. TELI, ADV.)

¶13

AND:

¶14

SRI. IRRAPPA SHIVAPPA BENKANNAWAR AGE MAJOR, OCC: BUSINESS R/O KHANAGAON, TQ. GOKAK

¶15

DIST. BELGAUM.

¶16

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD.,

¶17

DIVISIONAL OFFICE, RAMDEV GALLI,

¶18

BELGAUM.

¶19

... RESPONDENTS (BY SRI. BAHUBALI N. KANABARAGI AND M.C. MASTIHOLI, ADVs. FOR R1, SRI. N.R. KUPPELLUR, ADV. FOR R2.)

¶20

¶21

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.7.2012 PASSED IN MVC NO.2324 OF 2005 ON THE FILE OF PRESIDING OFFICER FAST TRACK COURT-I AND MEMBER ADDL. MACT, BELGAUM, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, BELLUNKE A.S., J , DELIVERED THE FOLLOWING:

¶23

JUDGMENT

¶24

This appeal is filed by the claimant being aggrieved by the judgment and award dated 31.07.2012 passed by the Fast Track Court-I and Member Additional MACT, Belgaum, in MVC No.2324 of 2005.

¶25

Brief facts of the case are that on 03.09.2005 the claimant was returning from the farm house from Benachanmardi village by walk. When he reached near Parnatti cross on Gokak-Belgaum road, at about 6.00 pm, a vehicle bearing registration No.23/6418 driven by its driver came from Belgaum side in a rash and negligent manner with a high speed. As a reslt of which

¶26

¶27

the driver of the said vehicle lost control over the vehicle and dashed into the petitioner from behind. Thereupon, the petitioner fell down and sustained grievous injuries resulting in amputation of his right leg above the knee. The petitioner contending that he has spent money towards medical expenses, suffered loss of earnings during treatment, loss of future income due to permanent disability, etc, filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation from respondents 1 and 2.

¶28

The petition was resisted by respondent No.2 denying the income of the injured etc. The Tribunal, after holding trial, awarded compensation of Rs.3,89,000/-. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant has preferred this appeal.

¶29

We have heard the learned counsel for the appellant and the learned counsel for the respondentinsurance company at length.

¶30

¶31

The dispute lies in a very narrow compass. The liability of the insurance company is not in dispute. Therefore, the points that arise for consideration in this appeal is as to

¶32

Whether the compensation awarded by the Tribunal is just and proper ?

¶33

Whether the appellant-claimant is entitled for enhancement of compensation?

¶34

At the very outset, though we find that the income of the deceased assessed at Rs.3,000/- appears to be reasonable. But the fact remains that the petitioner is said to be a mason by profession who comes under the category of skilled labour. The accident is of the year 2005 and the notional income which is normally taken in Lok Adalat is found to be Rs,3,500/- per month. Therefore, we find that the income of the injured could be assessed at Rs.3,500/per month. The claimant was aged about 35 years as on the date of the accident. Therefore, the Tribunal has

¶35

¶36

applied the multiplier of 16 which is found to be correct. As regards disability of the injured is concerned, we find that the Tribunal has committed an error in assessing the same at 30%. The injured has suffered amputation of his right leg above knee. Therefore, having regard to the said fact, we find that the percentage of disability could be assessed at 80%. The income of the deceased is assessed at Rs.3,500/- per month. Hence, the claimant would be entitled to compensation of Rs.5,37,600/-(3,500x12x16x80%) under the head loss of earnings.

¶37

As regards medical expenses, awarding of Rs.30,000/- by the Tribunal, is found to be just and proper. As regards nourishment, attendant charges, conveyance etc, the Tribunal has awarded only Rs.5,000/-. We find it just and proper to enhance the same to Rs.18,000/-. Loss of income during laid up period is concerned, we award a sum of Rs.21,000/- i.e. (Rs.3,500 x 6 months). The Tribunal has awarded a sum of Rs.75,000/- towards loss of amenities and

¶38

¶39

future unhappiness. We affirm the same. Therefore, on re-asessment of the compensation payable to the claimant, we find that the claimant is entitled for a sum of Rs.6,81,600/- as against Rs.3,89,000/- awarded by the MACT. Rs.2,92,600/would be enhanced compensation. We also affirm the rate of future interest awarded by the Tribunal payable from the date of restoration of the appeal dated 6.2.2012 till its realization. Accordingly, we answer the points for consideration No.1 in the negative and point No.2 in the affirmative and pass the following order:

¶40

The appeal is allowed in part. The judgment and award dated 31.07.2012 passed by the Fast Track Court-I and Member Additional MACT, Belgaum, in MVC No.2324 of 2005, is modified. The claimant is entitled to enhanced compensation of Rs.2,92,600/-. Respondent No.2-insurance company shall deposit the reassessed compensation along with accrued interest before the Tribunal from the date of restoration of the appeal till its realization within six weeks from the date

¶41

¶42

of receipt of a copy of this judgment. The enhanced compensation shall be kept in the name of the claimant in a fixed deposit along with accrued interest for a period of five years with liberty to withdraw the interest accrued on the said deposit from time to time. However, it is made clear that there shall be no encumbrance on the fixed deposit.

¶43

Sd/JUDGE

¶44

Sd/JUDGE

¶45

kmv

Adiveppa Siddappa Sajji, v. Irrappa Shivappa Gbenkannawar

Case brief

What is this about?

What did the court decide?

Adiveppa Siddappa Sajji, v. Irrappa Shivappa Gbenkannawar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Raghavi D/O Ganapati Nayak Vs the State of Karnataka

Shri.Anil Shigihalli S/O Basavenneppa Vs Mr.M.R.Munji

Sri. Chandra Gouda S/O. Basana Gouda Patil, Vs the State of Karnataka

Smt. Rabiya Begum W/O Hannreshid Pathan Vs Shri. S. Chandrashekhar

Sri.Bugga Reddy S/O Late Saya Reddy Vs the State of Karnataka

C. Lakshmi Bai W/O Late Ningappa Vs Jaganath S/O Vittal Shetty