The High Court enhanced compensation to Rs.5,74,750/- against Rs.4,24,390/- awarded by a tribunal in a motor accident case, considering a 12% disability, loss of future income, and extended lay-up period.
Enhanced total compensation of Rs.5,74,750/- with interest at 6% per annum from date of petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.1307/2018 (MV-I)
BETWEEN :
HARISH SHETTY AGED ABOUT 40 YEARS S/O SRI SANJEEVA SHETTY, R/AT LAXMI NIVAS, DAREGUDDE POST, MOODABIDRI, MANGALORE TALUK-575 101.
...APPELLANT
(BY SRI H PAVANACHANDRA SHETTY, ADVOCATE)
[
AND:
...RESPONDENTS
(BY SRI C SHANKARA REDDY, ADVOCATE FOR R2 R1-NOTICE DISPENSED WITH V/O DTD. 14.10.2022)
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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.10.2017 PASSED IN MVC No.289/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-claimant challenging the judgment and award dated 03.10.2017 passed in MVC No. 289/2017 by the Court of Senior Civil Judge and AMACT, Karkala seeking enhancement of compensation.
On 24.02.2016 at 6.00 p.m., the appellant-
claimant was proceeding in his motor cycle bearing Reg.No.KA-19-EP-6827 from Belvai towards Shedi Palla of Mudumarnadu village, a lorry bearing Reg.No.KA-12-3120 came from Daregudde side in a rash and negligent manner and also in a high speed and dashed against the two wheeler of the petitioner,
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as a result the appellant-claimant sustained grievous injuries. Hence, the claim petition was filed under Section 166 of M.V.Act claiming compensation. The Tribunal after appreciating the evidence on record has awarded the compensation of Rs.4,24,390/- with interest at 8% p.a. from the date of petition till the date of realization.
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and proper and hence there is no need of interference by this Court. Therefore, he prays for dismissal of the appeal.
compensation under various heads:
| Sl. No. |
Compensation head | Compensation amount Rs. |
|---|---|---|
| 1 | Pain and suffering | 40,000/- |
| 2 | Loss of amenities of life | 25,000/- |
| 3 | Rest, nourishment and attendant charges |
10,000/- |
| 4 | Medical expenses | 1,54,830/- |
| 5 | Conveyance | 5,000/- |
| 6 | Loss of income during laid up period |
43,600/- |
| 7 | Loss of future income | 1,20,960/- |
| 8 | Future medical expenses | 25,000/- |
| TOTAL | 4,24,390/- |
case sheet and evidence of PW.2-doctor proves that the appellant-claimant had suffered fracture of tibia and fibula of right leg which are grievous in nature. The tibia bone is a load bearing bone. Therefore, the
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compensation awarded under the head 'pain and suffering' is on the lesser side and the same is enhanced to Rs.60,000/-.
Manager job at Jelly Crusher. Hence, it requires some physical strength for doing his job as Manager in the Jelly Crusher unit. Accordingly, the compensation of Rs.30,000/- is awarded under the head 'loss of amenities of life' as against Rs.25,000/- awarded by the Tribunal.
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the compensation which is wrong. Based on the assessment made by PW.2-doctor who is an orthopedic surgeon, the disability may be calculated by applying '1/3 formula'. Accordingly, 12% disability is taken into consideration.
12,000/-x 12/100 x 14 x 12 =
Rs.2,41,920/-.
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period of treatment as two months 49 days. For the nature of injuries suffered by the appellant-claimant and treatment taken, he might not have to work atleast for a period of four months. Hence, the compensation of Rs.48,000/- (Rs.12,000x4 months) is awarded under the head 'loss of income during laid up period'.
'future medical expenses' is correct and the same is kept intact.
compensation under various heads as follows:
| Sl. No. |
Compensation head | Compensation amount Rs. |
|---|---|---|
| 1 | Pain and suffering | 60,000/- |
| 2 | Loss of amenities of life | 30,000/- |
| 3 | Rest, nourishment and attendant charges |
10,000/- |
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| 4 | Medical expenses |
1,54,830/- |
|---|---|---|
| 5 | Conveyance |
5,000/- |
| 6 | Loss of income during laid up period |
48,000/- |
| 7 | Loss of future income |
2,41,920/- |
| 8 | Future medical expenses |
25,000/- |
| TOTAL |
5,74,750/- |
Therefore, the appellant-claimant is entitled to total compensation of Rs.5,74,750/- as against Rs.4,24,390/- awarded by the Tribunal and entitled to enhanced compensation of Rs.1,50,360/(Rs.5,74,750/Rs.4,24,390/-) along with interest @ 6% p.a. from the date of petition till realization.
ORDER
(i) Appeal is allowed in part .
(ii) Judgment and award dated 03.10.2017 passed in MVC No.289/2017 by the Court of Senior Civil Judge and AMACT, Karkala is modified to the above extent.
(iii) Appellant-claimant is entitled for enhanced compensation of
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Rs.1,50,360/- with interest at 6% per annum from the date of petition till realization.
(iv) Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.
(v) The appellant-claimant is not entitled interest for the delay period of 25 days.
(vi) Cost made easy.
(vii) Draw award accordingly.
Sd/JUDGE
SSD
2 issues framed by the court
Whether the compensation awarded by the tribunal was adequate given the 12% permanent disability and loss of future income?
Whether the period of loss of income during the laid-up period should be extended from the awarded duration?
2 provisions across 1 enactments
HARISH SHETTY
ANANDA DEVADIGA
UNITED INDIA INSURANCE CO. LTD.
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
