Partly allowed

Parawati @ Paravva W/O. Hyagappa Attalhatti v. Rudrappa Veerappa Kalhal

Karnataka HC23 Aug 2023MFA/20062/2012

Case brief

AI extract

What is this about?

The High Court allowed three miscellaneous first appeals filed by accident claimants seeking enhancement of compensation. The court enhanced damages based on revised disability percentages and loss of earning capacity calculations, directing the insurance company to pay the increased amounts with interest.

What did the court decide?

Compensation enhanced to Rs. 1,74,000, Rs. 2,62,000, and Rs. 2,09,600 for three appellants respectively; 6% per annum interest awarded.

Parawati @ Paravva W/O. Hyagappa Attalhatti Vs Rudrappa Veerappa… — Insurance | Karnataka HC (2023)

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.25231/2011(MV) C/W MISCELLANEOUS FIRST APPEAL NO.25232/2011(MV) MISCELLANEOUS FIRST APPEAL NO.20062/2012(MV)

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IN MFA.NO.25231/2011

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BETWEEN:

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KUMARI ARATI D/O. CHIDANAND PUJERI, AGE: 9 YEARS, OCC: STUDENT, MINOR REP. BY NATURAL GUARDIAN FATHER, CHIDANAND GUNDU PUJERI, R/O: 4370, CHAVA GALLI, BELAGAVI.

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…APPELLANT

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(BY SRI LAXMIKANT K. GURAV, ADVOCATE)

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AND:

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Digitally signed by BHARATHI H M

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SHRI RUDRAPPA VEERAPPA KALHAL, AGE: MAJOR, OCCUPATION: AGRICULTURE, R/O: HOSAKERI, TQ: RAMDURG, DIST: BELAGAVI, (OWNER OF THE EITCHER GOODS VEHICLE NO. KA-24/1647).

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THE ORIENTAL INSURANCE COMPANY LTD., II FLOOR, MADIWALE ARCHADE, CLUB ROAD, BELAGAVI, (INSURER OF EITCHER GOODS VEHICLE KA-24/1647, POLICY NO. 422500/31/2009/2302 VALID FROM 10/12/2008 TO 09/12/2009).

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THE DIVISIONAL CONTROLLER, NWKRTC, BELGAUM DIVISION, BELAGAVI. (OWNER OF BUS NO. KA-22/F-1494).

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…RESPONDENTS (BY SRI S. B. DEYANNAVAR, ADVOCATE FOR R1; SRI S.V.YAJI, ADVOCATE FOR R2; SRI S.C.BHUTI, ADVOCATE FOR R3)

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.07.2011 PASSED IN MVC NO.312/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT –IV, BELGAUM, PATLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA.NO.25232/2011

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BETWEEN:

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SMT. DODDAWWA W/O. SHIVAPPA SHIDNAL, AGE: 40 YEARS, OCCUPATION: VEGETABLE BUSINESS, R/O: BICHAGUPPI, TQ: RAMDURG, DIST: BELAGAVI.

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…APPELLANT

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(BY SRI LAXMIKANT K. GURAV, ADVOCATE)

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AND:

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SHRI RUDRAPPA VEERAPPA KALHAL, AGE: MAJOR, OCCUPATION: AGRICULTURE, R/O: HOSAKERI, TQ: RAMDURG, DIST: BELAGAVI. (OWNER OF EITCHER GOODS VEHICLE NO. KA-24/1647).

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THE ORIENTAL INSURANCE COMPANY LTD., II FLOOR, MADIWALE ARCHADE, CLUB ROAD, BELGAUM(INSURER OF EITCHER GOODS VEHICLE KA-24/1647, POLICY NO. 422500/31/2009/2302 VALID FROM 10/12/2008 TO 09/12/2009).

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THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, (OWNER OF BUS NO. KA-22/F-1494).

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…RESPONDENTS

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(BY SRI S. B. DEYANNAVAR, ADVOCATE FOR R1; SRI S.V.YAJI, ADVOCATE FOR R2; SRI S.C.BHUTI, ADVOCATE FOR R3)

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THIS MFA IS FILED UNDER SECTION 173(1) MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.07.2011 PASSED IN MVC.NO.2796/2009 ON THE FILE OF THE PRESIDING OFFICER, FTC-IV, BELGAUM, PARTLY ALLOWING THE

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA.NO.20062/2012

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BETWEEN:

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SMT. PARAWATI @ PARAVVA, W/O. HYAGAPPA ATTALHATTI, AGE: 40 YEARS, OCC: VEGETABLE BUSINESS, R/O: BICHAGUPPI, TQ: RAMDURG, DT: BELAGAVI

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…APPELLANT

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(BY SRI LAXMIKANT K. GURAV, ADVOCATE)

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AND:

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SHRI RUDRAPPA VEERAPPA KALHAL, AGE: MAJOR , OCCUPATION: AGRICULTURE, PRESENTLY R/O: HOSAKERI, TQ RAMADURG, DT: BELAGAVI OWNER OF EITCHER GOODS VEHICLE NO.KA.24-1647.

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THE ORIENTAL INSURANCE COMPANY LTD., II FLOOR, MADIWALE ARCHADE CLUB ROAD, BELAGAVI, INSURER OF EITCHER GOODS VEHICLE KA. 24-1647 POLICY NO. 422500/31/2009/2302 VALID FROM 10/12/2008TO 09/12/2009.

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THE DIVISIONAL CONTROLLER, NWKRTC, BELGAUM DIVISION BELGAULM. OWNER OF BUS NO.KA22/F1494.

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…RESPONDENTS

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(BY SRI S. B. DEYANNAVAR, ADVOCATE FOR R1; SRI S.C.BHUTI, ADVOCATE FOR R3; SRI S.V.YAJI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.07.2011 PASSED IN MVC NO.2795/2009 ON THE FILE OF THE PRESIDING OFFICER FAST TRACK COURT – IV, BELGAUM AT BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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4 - NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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JUDGMENT

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MFA No.25231/2011, MFA No.25232/2011, MFA No.20062/2012 are filed by the claimants challenging the Judgment and Award dated 19.07.2011 in MVC No.312/2010, MVC No.2796/2009 and MVC No.2795/2009 respectively, passed by the Presiding Officer, Fast Track Court-IV, Belgaum, seeking enhancement of

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compensation.

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Heard the learned counsel from both sides and perused the records.

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The factum of accident, injuries sustained by

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claimants and insurance coverage are not in dispute.

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MFA NO.25231/2011 (MVC No.312/2010)

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In the present case, the claimant was aged about 07 years, had sustained rupture of upper lip and the Tribunal has awarded compensation of Rs.38,000/-. It is the evidence of the doctor that the claimant suffered

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5 - NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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17.5% of disability and disfiguration of face and certainly,

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the said disability would amount to 10% disability to the whole body. To this extent, as per the judgment of the Hon’ble Supreme Court in the case of Master Mallikarjun

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Vs. Divisional Manager, The National Insurance Co.,

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Ltd., (AIR 2014 SC 736) in case of injury sustained by the minor children, at any event, the physical disability caused to the minor boy cannot be taken less than 10%. If the physical disability towards whole body is 10%, then

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the claimant-minor is entitled for compensation as under:

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and suffering already undergone, to be suffered in future and loss of amenities on account of permanent disability	1,00,000/-
2.	Discomfort, inconvenience and loss of earning of earning to parents during hospitalization	25,000/-
3.	Medical expenses during the period of hospitalization	24,000/-
4.	Future medical expenses	25,000/-
	Total	1,74,000/-

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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MFA NO.25232/2011 (MVC No.2796/2009)

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In the present case, the claimant was a whole

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sale vendor who accompanied goods vehicle. She had suffered the following injuries:

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i) Scaphoid fracture of right wrist.

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ii) Eighth rib fracture at mid axilliary line on the left side.

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The Tribunal has awarded compensation as

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under:

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Sl.No.	Particulars	Amount (in.Rs.)
1.	Pain and suffering	30,000/-
2.	Loss of amenities and comforts in life	25,000/-
3.	Special diet, conveyance and incidental charges	10,000/-
4.	Attendant charges	5,000/-
5.	Loss of income during the laid up period for three months (Rs.3,000/- x 3)	9,000/-
6.	Medical expenses	16,000/-
7.	Loss of earning capacity	38,000/-
	Total	1,33,000/-

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7 - NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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Compensation of Rs.50,000/- awarded towards

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pain and suffering and a sum of Rs.16,000/- towards Medical expenses are kept in tact.

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The doctor has stated that the claimant suffered disability of 20% of right upper limb. The Tribunal has considered disability at 7%, which is on the lesser side. Therefore, considering the nature of injuries sustained, it is just and proper to take 14% as disability. The accident was caused in the year 2009. Therefore, the notional income would be Rs.5,000/- p.m. The claimant was aged about 40 years. Therefore, the appropriate multiplier is 15. Therefore, loss of earning capacity due to disability is taken at Rs.5,000/- x 15/100 x 15 x 12 = Rs.1,26,000/-.

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Further, a sum of Rs.40,000/- is awarded

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towards loss of amenities. Further, a compensation of Rs.15,000/- is awarded towards incidental expenses like attendant charges, food and nourishment etc. A sum of

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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Rs.15,000/- (Rs.5,000/- x 3 months) is awarded towards loss of earning during laid up period. Thus in all, the claimant is entitled for a total compensation of

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Rs.2,62,000/- as under:

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Sl.No.	Particulars	Amount (in.Rs.)
1.	Pain and suffering	50,000/-
2.	Loss of amenities and comforts in life	40,000/-
3.	Incidental charges like Special diet, conveyance and attendant charges	15,000/-
4.	Loss of Earning due to disability	1,26,000/-
5.	Loss of income during the laid up period for three months (Rs.5,000/- x 3)	15,000/-
6.	Medical expenses (kept in tact)	16,000/-
	Total	2,62,000/-

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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MFA NO.20062/2012 (MVC NO.2795/2009)

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In the present case, the claimant had suffered

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the following injuries:

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“Non-union fracture of styloid process of right ulna and healed malunited fracture at lower end of right radius.”

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The Tribunal has awarded compensation as

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under:

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Sl.No.	Particulars	Amount (in.Rs.)
1.	Pain and suffering	35,000/-
2.	Loss of amenities and comforts in life (kept in tact)	30,000/-
3.	Incidental charges like Special diet, conveyance and incidental charges	10,000/-
4.	Attendant charges	5,000/-
5.	Loss of income during laid up period for three months (Rs.3,000/- x 3)	9,000/-
6.	Medical expenses	21,000/-
7.	Loss of earning capacity	47,000/-
	Total	1,57,000/-

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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The compensation granted towards pain and suffering, loss of amenities, medical expenses, incidental expenses like food, nourishment and attendant charges etc., are correct and are kept in tact. A sum of Rs.15,000/- (Rs.5,000/- x 3 months) is awarded towards loss of earning during laid up period.

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In the present case, the doctor has assessed disability at 30% of right upper limb and the Tribunal has considered disability at 10%, which is on the lesser side. Therefore, it would be appropriate to take 12% as functional disability to the whole body. The accident occurred in the year 2009. As per the Karnataka State Legal Services Authority guidelines, notional income of Rs.5,000/- has to be taken into consideration. As the claimant is aged 46 years, appropriate multiplier applicable would be 13. Therefore, loss of future prospects is assessed as under:

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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Rs.5,000/- x 12/100 x 13 x 12 = Rs.93,600/-

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Thus, the claimant is entitled for compensation

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as under:

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Sl.No.	Particulars	Amount (in.Rs.)
1.	Pain and suffering (kept in tact)	35,000/-
2.	Loss of amenities and comforts in life	30,000/-
3.	Incidental charges like Special diet, conveyance and incidental charges	10,000/-
4.	Attendant charges	5,000/-
5.	Loss of income during laid up period for three months (Rs.5,000/- x 3)	15,000/-
6.	Medical expenses	21,000/-
7.	Loss of earning capacity	93,600/-
	Total	2,09,600/-

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Accordingly, I proceed to pass the following:

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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ORDER

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i. MFA.No.25231/2011, MFA No.25232/2011 and MFA No.20062/2012 are allowed-in-part. ii. The impugned judgment and award dated 19.07.2011 in MVC.No.312/2010, MVC.No.2796/2009 and MVC.No.2795/2009 passed by the Presiding Officer, Fast Track CourtIV, Belgaum, are hereby modified .

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iii. The appellant in MFA No.25231/2011 is entitled for a total compensation of Rs.1,74,000/- as against a sum of Rs.38,000/- awarded by the Tribunal.

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iv. The appellant in MFA.No.25232/2011 is entitled for a total compensation of Rs.2,62,000/- as against a sum of Rs.1,33,000/- awarded by the Tribunal.

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v. The appellant in MFA.No.20062/2012 is entitled to for a compensation of Rs.2,09,600/- as

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13 -

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NC: 2023:KHC-D:9392 MFA No. 25231 of 2011 C/W MFA NO.25232/2011 MFA NO.20062/2012

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against a sum of Rs.1,57,000/- awarded by the Tribunal.

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vi. The appellant/claimant in MFA.No.20062/2012 is not entitled for interest for the delay period of 44 days in filing the appeal.

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vii. The appellants in all the three cases are entitled for interest at the rate of 6% p.a., from the date of petition till its realization.

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viii. No order as to costs.

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ix. The Insurance Company shall deposit the compensation amount within eight weeks from the date of receipt of copy of this Judgment.

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x. Registry is directed to transmit the TCR along with copy of this Judgment to the Tribunal forthwith.

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xi. Draw award accordingly.

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SD/JUDGE

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BNV CT-ASC

Parawati @ Paravva W/O. Hyagappa Attalhatti v. Rudrappa Veerappa Kalhal

Case brief

What is this about?

What did the court decide?

Parawati @ Paravva W/O. Hyagappa Attalhatti v. Rudrappa Veerappa Kalhal

Case brief

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What did the court decide?

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