Sri. Huchchappa Alias Huchcharaya S/O Shantappa Hakkall v. Sri. Krishnappa S/O Thimma Bovi

Karnataka HC27 Oct 2023MFA/102407/2022

Case brief

AI extract

What is this about?

The High Court allowed a first appeal challenging a Motor Vehicle Accident injury compensation order, modifying the award. The court held the appellant suffered 100% disability despite the tribunal finding 50% due to amputation, enhanced future income compensation, and awarded additional heads for loss of amenities and marriage prospects.

What did the court decide?

Compensation enhanced to Rs.38,79,403/- increasing future income and adding heads for amenities, marriage prospects, and loss of income; interest scaled to 6% p.a.

Sri. Huchchappa Alias Huchcharaya S/O Shantappa… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:12612 MFA No. 102407 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.102407/2022 (MV)

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BETWEEN:

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SRI HUCHCHAPPA @ HUCHCHARAYA S/O. SHANTAPPA HAKKALL, AGE: 28 YEARS, OCC: PRIVATE WORK AND SEEDS BUSINESS, R/O: GODACHIKONDA VILLAGE, TQ: HIREKERUR, DIST: HAVERI - 581109.

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…APPELLANT

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(BY SRI VIJAYKUMAR KOTIN, ADVOCATE)

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AND:

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SRI KRISHNAPPA S/O. THIMMA BOVI, AGE: MAJOR, OCC: BUSINESS, R/O: 31, SOMINAKOPPA VADDARAHATTI, DIST: SHIVAMOGGA- 577201, (OWNER OF TIPPER NO.KA-29-9831).

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VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPI Date: 2023.12.0812:46:23 +0530

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD, ENKAY COMPLEX, KESHWAPUR, HUBBALLI - 580020. (INSURER OF TIPPER NO.KA-29-9331).

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THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., S.S. SUDAMBI BUILDING, APMC ROAD, EASTERN EXTN., RANEBENNUR – 581115.

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…RESPONDENTS

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(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2 AND R3; R1 – SERVICE OF NOTICE DISPENSED WITH.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 07.08.2021, PASSED IN MVC NO.782/2018, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ENHANCING THE COMPENSATION, BY ALLOWING THIS APPEAL, ETC.,.

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

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JUDGMENT

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This appeal is filed by the claimant challenging the

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judgment and award dated 07.08.2021, passed by the tribunal, in MVC No.782/2018, seeking enhancement of compensation.

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

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Heard the arguments and perused the records.

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In the present case the claimant has suffered

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the following injuries.

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i) Right open tibia and fibula segmental comminuted fracture;

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ii) Left open medial malleolar fracture; iii) Left fibular mid shaft fracture; iv) Right sub rami fracture.

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The tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and suffering.	25,000
2.	Towards future income.	11,88,000
3.	Towards medical expenses.	1,28,103
4.	Towards future medical expense.	1,00,000
5.	Towards attendant charges, food and conveyance.	37,100
6.	Towards loss of income during the period of treatment.	15,000
	Total:	14,93,203

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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.

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The claimant has suffered amputation of left leg below knee. The tribunal has only considered functional disability at 50% by following the schedule as provided in

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the Employees Compensation Act. The claimant was selling seeds to the farmers. Since the claimant has suffered amputation of left leg, it is amounting to 100% functional disability as it is difficult to earn livelihood from seeds business. In this regard I rely upon the decision of Hon’ble Supreme Court in the case of Raj Kumar vs. Ajay Kumar and another reported in (2011) 1 SCC 343.

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Therefore, following the principle of law laid down stated above and in the present case the claimant has suffered amputation of left leg, it is a fit case to be considered the functional disability suffered by the claimant at 100%. The claimant was aged 28 years old at the time of accident and he has lost his left leg. Accordingly as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench judgment of this Court in New India Assurance Company Vs. Abdul S/o

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Mehaboob Tahasildar i n MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439, even in the case of injuries, certain income is to be added towards loss of future prospects in life. Considering the age of the claimant, 40% of the income is to be added towards loss of future prospects in life.

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The accident is caused on 02.02.2018. Therefore, notional income would be Rs.11,750/- for the year 2018 in the absence of proof of income as recognized by the Karnataka State Legal Service Authority. Considering the age of the claimant, the appropriate applicable multiplier is 17. Hence, loss of future income due to disability is re-assessed and quantified as Rs.33,55,800/- (Rs.11,750 + 40% x 12 x 17).

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Further, the compensation of Rs.1,28,103/awarded by the tribunal towards medical expenses and hospital charges is as per the actual bills and receipts produced; therefore, the same is kept intact.

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Further, considering the injuries sustained, a compensation of Rs.1,00,000/- towards injuries pain and suffering, Rs.75,000/- towards loss of amenities are awarded. Further, Rs.50,000/towards incidental expenses like food, nourishment, travelling, attendant charges, etc., and Rs.70,500/- towards loss of income during laid up and medical treatment period for a period of six months, is awarded.

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Further, a compensation of Rs.50,000/- is

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awarded towards future medical expenses for purchase of artificial limb, etc.,. The claimant is a young boy aged 28 years and he has lost marriage prospects in life. Hence Rs.50,000/is awarded towards loss of marriage prospects.

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Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards injuries, pain and suffering.	1,00,000
2.	Towards medical expenses.	1,28,103
3.	Towards loss of amenities.	75,000
4.	Towards loss of income during laid up period and medical treatment period.	70,500
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	50,000
6.	Future medical expenses.	50,000
7.	Loss of marriage prospects.	50,000
8.	Towards loss of future earning capacity. (Rs.11,750+40% x 12 x 17).	33,55,800
	Total:	38,79,403

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Therefore, the claimant is entitled for total compensation of Rs.38,79,403/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.14,93,203/- 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.

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The tribunal awarded compensation along with interest at the rate of 7% p.a. The same is scaled down to

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6% p.a. from the date of petition till realization.

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In the result, I proceed to pass the following:

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ORDER

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i) The appeal is allowed in part.

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ii) The judgment and award dated 07.08.2021, passed by the Prl. Senior Civil Judge and Addl. MACT, Ranebennur, in MVC No.782/2018, stands modified.

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iii) The claimant is entitled for total compensation of Rs.38,79,403/- along with interest at the rate of 6% p.a. from the date of petition till its realization.

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iv) The claimant is not entitled for interest for the delayed period of 43 days in preferring the appeal.

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