Partly allowed

Fakirappa S/O Ningappa Iti, v. Shri. Parasangouda S/O Ninganagouda Patil

Karnataka HC25 Oct 2023MFA/24551/2011

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part, modifying the motor vehicle accident compensation order. The court enhanced the total compensation from Rs.33,700 to Rs.1,19,600 along with interest at 6% p.a. from the filing date, directing the insurance company to make the payment within eight weeks.

What did the court decide?

Total compensation enhanced to Rs.1,19,600 with interest at 6% p.a. from filing date; award modified.

Fakirappa S/O Ningappa Iti, Vs Shri. Parasangouda… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^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.24551/2011(MV)

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BETWEEN:

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FAKIRAPPA S/O. NINGAPPA ITI, AGE: 43 YEARS, OCC: DAILY WAGES WORKER, R/O: FOREST DEPARTMENT AT KADAMPUR, R/O: HAMMAGI, TALUK: MUNDARGI, DISTRICT: GADAG.

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…APPELLANT

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(BY SMT. ANURADHA DESHPANDE, ADVOCATE)

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AND:

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SHRI PARASANGOUDA S/O. NINGANAGOUDA PATIL , AGE: MAJOR, OCC: AGRICULTURE AND OWNER OF TRACTOR BEARING NO.KA-26/T-2006 AND 2007, R/O: LAKKUNDI, TALUK: GADAG.

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.12.08 12:44:57 +0530

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SHRI. BASAVARAJ S/O. NAGAPPA ARAUNASI, AEG: 34, OCC: TRACTOR DRIVER, R/O: LAKKUNDI, TALUK: GADAG.

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…RESPONDENTS

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(BY SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1 AND R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, GADAG IN MVC 82/2000 ON 04.12.2010, AND ALLOW THE APPEAL AND ENHANCE THE COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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2 - NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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JUDGMENT

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This appeal is filed by the appellant/claimant challenging the judgment and award dated 04.12.2010, passed by the tribunal, in MVC No.82/2000, seeking enhancement of compensation.

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

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

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In the present case, from the medical evidence on

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

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Left leg ankle bone fractured and right leg

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also injured, the left leg was disabled and disfigured.

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The tribunal has awarded compensation under various heads as under:

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3 - NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards disability and loss of income	30,643-00
2.	Towards traveling expenses and other incidental expenses.	2,000-00
3.	Towards food and nourishment charges	1,000-00
	Total:	33,700-00

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The claimant being a daily wager has sustained injuries of fracture of left leg ankle and other injuries. The doctor has given evidence that the claimant has suffered 25-30% of physical disability towards left leg and towards whole body 8.75 to 10%. Considering the nature of injuries sustained, compensation awarded by tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

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Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges

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4 - NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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of Rs.5,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.1,000/towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.6,000/-(Rs.3,000X2) towards loss of income during laid up period for a period of 2 months, is awarded.

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The doctor has stated that the claimant had suffered 8.75% to 10% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration.

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The accident is caused in the year 1999. Therefore, notional income of Rs.3,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 32 years at the time of accident. Therefore appropriate applicable multiplier is 16. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.3000x10/100x16x12=57,600-00.

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5 - NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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Thus, the claimant is entitled for total compensation

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under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards injuries, pain and suffering.	30,000-00
2.	Towards medical expenses. (Kept intact)	5,000-00
3.	Towards loss of amenities.	20,000-00
4.	Towards loss of income during laid up period and medical treatment period.	6,000-00
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	1,000-00
6.	Towards loss of future earning capacity due to disability	57,600-00
	Total:	1,19,600-00

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Therefore, the claimant is entitled for total compensation of Rs.1,19,600-00, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.33,700-00 awarded by the Tribunal. The Insurance Company is directed to deposit

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

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NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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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

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04.12.20210, passed by the Addl. Senior Civil Judge and Addl. MACT., Gadag in MVC No.82/2000 stands modified.

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iii) The claimant is entitled for total

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compensation of Rs.1,19,600-00 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 187 days in filing the appeal.

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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.

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7 - NC: 2023:KHC-D:12507 MFA No. 24551 of 2011

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vi) Send back the trial Court records

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along with 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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HMB List No.: 1 Sl No.: 27 CT-ASC

Fakirappa S/O Ningappa Iti, v. Shri. Parasangouda S/O Ninganagouda Patil

Case brief

What is this about?

What did the court decide?

Fakirappa S/O Ningappa Iti, v. Shri. Parasangouda S/O Ninganagouda Patil

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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