Partly allowed

Raju S/O Sri Satyababu v. Somanna S/O Hanumanthappa

Karnataka HC4 Oct 2023MFA/102151/2016

Case brief

AI extract

What is this about?

Single judge allowed motor accident first appeal partly, enhancing total compensation from Rs. 4,05,699 to Rs. 5,78,899 including interest at 6% p.a. and directing insurance company to deposit the amount within eight weeks.

What did the court decide?

Compensation enhanced to Rs. 5,78,899 with 6% interest. Insurance company directed to deposit within eight weeks.

Raju S/O Sri Satyababu Vs Somanna S/O Hanumanthappa — Execution and Attachment | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 4^TH DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

¶7

MISCELLANEOUS FIRST APPEAL NO.102151/2016(MV)

¶8

BETWEEN:

¶9

RAJU S/O SRI SATYABABU, AGE: 23 YEARS, OCC: EGG MERCHANT, R/O: WARD NO.6, SRIRAMANAGAR, TQ: GANGAVATHI, DIST: KOPPAL – 583 229.

¶10

…APPELLANT

¶11

(BY SRI SEETALAXMI PURALI, ADVOCATE FOR SRI B. SHARANABASAWA, ADVOCATE)

¶12

AND:

¶13

SRI SOMANNA S/O HANUMANTHAPPA TAMBAD, AGE: 38 YEARS, OCC: DRIVER OF NEKRTC, KOPPAL, BUS BEARING NO.KA-37/F-398, R/O: 25^TH HULAGERI, KUSHTAGI,

¶14

DIST: KOPPAL – 583 229.

¶15

Digitally signed by BHARATHI H M

¶16

THE DIVISIONAL CONTROLLER, NEKRTC KOPPAL DIVISION, KOPPAL, BUS BEARING NO.KA-37/F-398, PIN: 583 229.

¶17

…RESPONDENTS

¶18

(BY SRI SHIVAKUMAR S. BADAWADAGI, ADVOCATE FOR R2; R1 IS DISPENSED WITH)

¶19

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS MFA AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED 31.03.2016 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND MACT AT GANGAVATHI, IN MVC NO.165/2013, BY AWARDING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶20

¶21

NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶22

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶23

JUDGMENT

¶24

This appeal is filed by the appellant/claimant

¶25

challenging the judgment and award dated 31.03.2016 passed by the tribunal, in MVC No.165/2013, seeking enhancement of compensation.

¶26

Heard the arguments and perused the material placed before the Court.

¶27

The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.

¶28

In the present case, from the medical evidence on

¶29

record it is proved that the claimant had suffered the following injuries.

¶30

1. Lacerated injuries on right side of eyebrow(2X1)

¶31

1. Fracture of mandible on both sides.

¶32

1. Lacerated injury over trachea measuring 3X1 CMS

¶33

with bleeding.

¶34

1. Fracture of left femur at lower end.

¶35

3 - NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶36

5. The tribunal has awarded compensation under

¶37

various heads as under:

¶38

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Loss of future income	1,29,600-00
2.	Pain and suffering	25,000-00
3.	Loss of amenities in life	5,000-00
4.	Loss of earning during treatment	10,000-00
5.	Diet, nourishment, attendant charges and conveyance	5,000-00
6.	Medical reimbursement	2,31,099-00
	Total:	4,05,699-00

¶39

The doctor had stated that the claimant had suffered 30% disability towards left leg and 30% to the face and head and opined that the claimant had suffered 30% disability to whole body. The Tribunal has taken only 12% disability as functional disability towards full body.

¶40

The claimant is a own merchant. Considering the

¶41

nature of injury and disability sustained by the claimant it affects his job. Hence, it is just and proper to take 15% of disability towards whole body. The accident is caused on 21.06.2013. Therefore, the notional income would be Rs.7,000/- p.m. The claimant is 20 years old. Therefore,

¶42

4 - NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶43

appropriate multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.7,000x15/100x18x12=2,26,800/-.

¶44

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.

¶45

Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.35,000/towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.2,31,099/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.25,000/towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.21,000/- (Rs.7,000X3) towards loss of income during laid up period for a period of 3 months, is awarded.

¶46

5 - NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶47

Thus, the claimant is entitled for total compensation

¶48

under various heads as under:

¶49

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards injuries, pain and suffering.	40,000-00
2.	Towards medical expenses.	2,31,099-00
3.	Towards loss of amenities.	35,000-00
4.	Towards loss of income during laid up period and medical treatment period.	21,000-00
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	25,000-00
6.	Towards loss of future earning capacity.	2,26,800-00
	Total:	5,78,899-00

¶50

Therefore, the claimant is entitled for total

¶51

compensation of Rs. 5,78,899-00 , along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs. 4,05,699-00 awarded by the Tribunal. The Insurance Company is directed to deposit

¶52

the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶53

¶54

NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶55

In the result, I proceed to pass the following:

¶56

ORDER

¶57

i) The appeal is allowed in part.

¶58

ii) The judgment and award dated 31.03.2016 passed by the Senior Civil Judge and MACT at Gangavathi, in MVC No.165/2013 stands modified.

¶59

iii) The claimant is entitled for total compensation of Rs. 5,78,899-00 along with interest at the rate of 6% p.a. from the date of petition till its realization.

¶60

iv) The claimant is not entitled for interest for the delayed period of 10 days in filing the appeal.

¶61

v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

¶62

7 - NC: 2023:KHC-D:12010 MFA No. 102151 of 2016

¶63

vi) Send back the trial Court records

¶64

along with a copy of this judgment.

¶65

vii) No order as to costs.

¶66

viii) Draw award accordingly.

¶67

SD/JUDGE

¶68

HMB List No.: 2 Sl No.: 2 CT-ASC

Raju S/O Sri Satyababu v. Somanna S/O Hanumanthappa

Case brief

What is this about?

What did the court decide?

Raju S/O Sri Satyababu v. Somanna S/O Hanumanthappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kum.Kamalaxi D/O Mahaveeragouda Patil Vs Nagaraj S/O Lokappa Halagi

Smt.Yamunawwa W/O Ningappa Deveramani Vs Nagaraj S/O Lokappa Halagi

The Depot Manager Vs Shri. Mohammed Rafiq S/O. Murdansab Andalagi

The State of Karnataka Vs Mahantesh S/O Chandrashekhar Badiger

United India Insurance Co., Ltd., Vs Appasaheb Mallappa Patil

The Manager Micro Office Vs Nahimabanu @ Nayimunnisa