Allowed

Baramappa @ Bheemappa S/O. Basappa Tarakari v. Rangayya S/O. Doddarangappa

Karnataka HC10 Aug 2023MFA/21315/2012

Case brief

AI extract

What is this about?

An outsider appeal to enhance compensation under the Motor Vehicles Act. The High Court substituted the awarded sum with a higher quantum based on injuries, disability percentage, and future loss of income, directing the respondent to deposit the balance.

What did the court decide?

Appeal allowed; Judgment modified to award total compensation of Rs. 3,10,361/-; Respondent directed to deposit an additional Rs. 2,15,000/- with interest at 6% p.a.

Baramappa @ Bheemappa S/O. Basappa Tarakari Vs… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:8716 MFA No. 21315 of 2012

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF AUGUST, 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.21315/2012(MV-I)

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BETWEEN:

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BARAMAPPA @ BHEEMAPPA S/O. BASAPPA TARAKARI, AGE: 23 YEARS, OCC:NIL, R/O: HOSABADAVANE, 5^TH CROSS, DAVANGERI, NOW R/AT: HAVANUR VILLAGE, HAVERI.

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…APPELLANT

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(BY SRI B.M.PATIL, ADVOCATE.)

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AND:

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Digitally signed by SUJATA SUBHASH PAMMAR

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RANGAYYA S/O. DODDARANGAPPA, AGE: NOT KNOWN, OCC: BUSINESS, KAGGALAHALLI,(V), HAROHALLI,( H O), KANAKAPUR, TQ AND DIST: RAMANAGAR, PIN: 571 511.

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RELIANCE INSURANCE CO. LTD., 3^RD FLOOR, KALABURGI SQUARE, DESAI CIRCLE, DESHAPANDE NAGAR, HUBBALLI – 580 020.

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…RESPONDENTS

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(BY SRI N.C.KOLLOORI, ADVOCATE FOR R2; R1 – NOTICE SERVED.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V.ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 04.10.2011, PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDL. M.A.C.T., HAVERI, IN M.V.C.NO.360/2010, ETC.,.

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NC: 2023:KHC-D:8716 MFA No. 21315 of 2012

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

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JUDGMENT

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Though this appeal is listed for orders, with consent of both parties, the appeal is taken up for final disposal.

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This appeal is filed by the claimant challenging the judgment and award dated 04.10.2011, passed by the

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Senior Civil Judge and Addl. MACT, Haveri, in MVC No.360/2010, seeking enhancement of compensation.

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Heard the learned counsel for the appellantclaimant and the respondent-insurance company.

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The occurrence of accident, injuries sustained

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by the claimant, coverage of insurance are not in dispute.

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In the present case, from the medical evidence on record it is proved that the claimant had suffered fracture of left leg femur and other injuries.

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3 - NC: 2023:KHC-D:8716 MFA No. 21315 of 2012

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The tribunal awarded the compensation under

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various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards pain and suffering.	20,000
2.	Towards medical expenses.	11,161
3.	Towards loss of amenities.	10,000
4.	Towards loss of income during treatment period.	4,000
5.	Towards attendant charges.	4,000
6.	Towards disability.	43,200
7.	Towards transportation charges.	3,000
	Total:	95,361

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7. Considering the nature of injuries sustained, a

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compensation of Rs.40,000/- is awarded towards pain and suffering. Further, a compensation of Rs.35,000/- is awarded towards loss of amenities.

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The doctor has stated that the claimant had suffered 20-30% of physical disability towards left limb and 10-20% towards whole body. Even though the doctor is not a treated doctor, but as a qualified medical practitioner he can assess the percentage of disability. Therefore, considering the evidence of the doctor, 15%

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4 - NC: 2023:KHC-D:8716 MFA No. 21315 of 2012

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functional disability is taken into consideration as the claimant had suffered fracture of limb of upper left leg. The accident is caused in the year 2010. Therefore, notional income of Rs.5,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 21 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,78,200/- (Rs.5,500 x 15% x 12 x 18).

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The compensation awarded towards medical expenses and hospital charges of Rs.11,161/- is as per the actual bills and receipts produced. Therefore, the same is kept intact. Further, a compensation of Rs.35,000/- is awarded towards incidental expenses like food, nourishment, traveling, attendant charges, etc.,. Further, a compensation of Rs.11,000/- is awarded under the head loss of income during laid up period for a period of two

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5 - NC: 2023:KHC-D:8716 MFA No. 21315 of 2012

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months. Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards injuries, pain and suffering.	40,000
2.	Towards medical expenses.	11,161
3.	Towards loss of amenities.	35,000
4.	Towards loss of income during laid up period and medical treatment period.	11,000
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	35,000
6.	Towards loss of future earning capacity.	1,78,200
	Total:	3,10,361
	Less: Compensation awarded by tribunal:	95,361
	Enhanced compensation:	2,15,000

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Therefore, the claimant is entitled for total compensation of Rs.3,10,361/- as against Rs.95,361/awarded by the tribunal. The claimant is entitled for an additional compensation of Rs.2,15,000/- (Rs.3,10,361/minus Rs.95,361/-), along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, in addition to what has been awarded by the

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6 - NC: 2023:KHC-D:8716 MFA No. 21315 of 2012

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Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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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 04.10.2011, passed by the Senior Civil Judge and Addl. MACT, Haveri, in MVC No.360/2010 stands modified to the aforesaid extent.

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iii) The claimant is entitled for additional compensation of Rs.2,15,000/along with interest at 6% p.a. from the date of filing of the petition till realization.

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iv) The claimant is not entitled for

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interest for the delayed period in filing the appeal.

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v) The remaining observations and

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findings made by the Tribunal in the aforesaid

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impugned judgment and award are kept in tact.

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vi) The insurance company shall deposit

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

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vii) No order as to costs.

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viii) Draw award accordingly.

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SD/JUDGE

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MRK List No.: 2 Sl No.: 9 CT-ASC

Baramappa @ Bheemappa S/O. Basappa Tarakari v. Rangayya S/O. Doddarangappa

Case brief

What is this about?

What did the court decide?

Baramappa @ Bheemappa S/O. Basappa Tarakari v. Rangayya S/O. Doddarangappa

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

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