Partly allowed

Kumar.Rohan Laxman Chavan v. Shri. Sanjay Parashuram Savant

Karnataka HC5 Sept 2024MFA/101955/2020

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenged the compensation of Rs.1,82,110 awarded to a minor in a motor vehicle accident. The High Court enhanced the compensation to Rs.4,26,040 by including full loss of future earnings calculated per Apex Court standards and parental loss of earnings during hospitalization, directing 50% deposit for the minor.

What did the court decide?

Enhanced total compensation to Rs.4,26,040 with 6% interest; directed to deposit 50% in fixed deposit for 5 years and release the remaining 50%.

Kumar.Rohan Laxman Chavan Vs Shri. Sanjay Parashuram… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 101955 OF 2020

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BETWEEN:

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KUMAR.ROHAN LAXMAN CHAVAN, AGE: 16 YEARS, OCC: STUDENT,

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SINCE MINOR, R/BY HIS NATURAL FATHER, I.E. M/G SRI. LAXMAN VASANT CHAVAN, AGE: 24 YEARS, OCC: AGRICULTURAL COOLIE, R/O: KUNNUR, TQ: CHIKODI, DIST: BELAGAVI, NOW RESIDING AT CTS NO.3451, 4^TH CROSS, SHAHUNAGAR, BELAGAVI-590010.

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…APPELLANT

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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SHRI. SANJAY PARASHURAM SAVANT, AGE: MAJOR, OCC: BUSINESS, R/O: BERAWADI, (HANABARWADI), TQ: KAGAL, DIST: KOLHAPUR-416218.

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE AT, MARUTI GALLI, BELAGAVI-590001.

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…RESPONDENTS (R1-SERVED; BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2)

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THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYS THAT, ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN MVC NO.2134/2018, ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE AND MACT, BELAGAVI, AT:BELAGAVI DATED 09.01.2020 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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2 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by appellant -claimant seeking enhancement of compensation awarded by judgment dated 09.01.2020 in MVC No.2134/2018 by the VI Additional District Judge and M.A.C.T, Belagavi.

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The facts of appellants -claimant’s case are that:

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That on 26.04.2018 at 5.40 p.m., the petitioner was proceeding by walk from Shivapurwadi cross towards Kunnur village by the side of the road along with his friends. At that time, the driver of TATA ACE Goods vehicle No.MH-09-CU-0139 came from opposite direction i.e. from Kunnur side, in a rash and negligent manner, in high speed, lost control, came to wrong side and dashed to the petitioner. Due to that, the petitioner sustained grievous injuries. He was admitted to Dr. Prema Orthopedic and

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3 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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Fracture Clinic, Nippani, where he took treatment for 25 days and underwent operations of his left ankle. He spent Rs.1,00,000/for medical treatment and requires Rs.25,000/- for future is treatment. At the time of the accident, petitioner was aged 14 years and he was brilliant student. Due to the accidental injuries, he suffered permanent physical disability and his bright future has become pale and uncertain. The respondent No.1 and 2 are jointly and severally liable to pay the compensation.

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The appellant -petitioner made claim for compensation. The tribunal after recording evidence and appreciating evidence on record has awarded

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compensation as under:

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	Heads	Compensation amount
Pain and	sufferings already	Rs. 1,00,000/-
undergone and	to be suffered in
future, mental	and physical shock,
inconvenience	hardship, and
discomforts etc	and loss of amenities
in life on ac	count of permanent
disability

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4 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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Discomfort, inconvenience and loss of earnings to the parents during the period hospitalization.	Rs. 62,110/-
Future medical expenses for correction of the mal union of	Rs. 20,000/-
fracture and incidental expenses for such treatment
Total	Rs.1,82,110/-

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Appellant –claimant has filed this appeal seeking enhancement of compensation as awarded by the tribunal.

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Heard learned counsel for appellant -claimant

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and the learned counsel for respondent No.2 –insurance company.

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5. Learned counsel for the appellant- claimant

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would contend that the injured was aged 14 years as on the date of the accident. As per evidence of P.W.2 –doctor, he has sustained permanent physical disability to the extent of 18% left upper limb and 15% left ankle and foot. The tribunal without considering the same has taken disability at 10% to the whole body. Further contends that as per decision of the Hon’ble Apex Court in the case

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of Master Ayush Vs Branch Manager, Reliance

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5 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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General Insurance Co. Limited and Another¹ , the

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claimant –injured is entitled to loss of future earnings which is to be calculated by taking minimum wages and he is also entitled to future prospectus at 40%. He contends that compensation awarded for pain and suffering at sum of Rs.1,00,000/- on lower side if, it is considered the disability is more than 10%. He submits that the loss of earnings to the parents for the laid up period of the injured has not been taken into consideration. With this, he prayed to allow the appeal.

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Learned counsel for respondent No.2 -insurance company would contend that the tribunal has rightly followed Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd and Another case and rightly awarded the compensation towards pain and suffering, loss of earnings to the parents, medical expenses and future medical expenses. He further submits that the

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1 Reported in (2022) Acci.C.R. 473 (S.C.)

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6 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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tribunal has rightly assessed permanent physical disability at 10%. With this, he prayed for dismissal of the appeal.

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Having heard learned counsels, this Court has

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perused the impugned judgment and other materials placed on record.

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It is not in dispute that the injured was aged 14 years and accident has been occurred on 26.04.2018. The wound certificate is at Ex.P6 and disability certificate is at Ex.P14. P.W.2 –doctor who has issued the disability certificate and he has deposed that the injured has sustained permanent physical disability to the extent of 18% left upper limb and 15% left ankle and foot. P.W.2 - doctor is not stated what is the disability of whole body. Considering the said aspect, the tribunal has rightly taken disability at 10% to the whole body.

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The Hon’ble Apex Court in the case of Master Ayush (Supra) has held as under

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“8. Hence, as per the above extract, the minimum wages payable to a skilled workman in 2010-11 is to the tune of Rs.3708.70. In this view, the minimum wages as on the date of accident is rounded off to Rs.3700/-. The compensation, therefore, is to be assessed on the basis of the said minimum wages on the assumption that the appellant would have been able to earn after attaining majority.

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In addition to the skilled minimum wages, the appellant would be also entitled to 40% for future prospects in view of the judgment of this Court in National Insurance Company Limited v. Pranay Sethi & Ors; (2017) 16 SCC 680”.

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As per Master Ayush (Supra), the minor injured is also entitled to loss of future earnings and it is to be calculated by taking minimum wages for the relevant year. In the case on hand the accident occurred in the year 2018 and minimum wages for the said year is Rs.288.33/per day. If the same is calculated for month it come to Rs.8,649.9/- which is round up Rs.8,650/-. As per Master Ayush (Supra), the appellant –injured is also entitled to

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future prospectus at 40%. The multiplier applicable is 15. Therefore, 8650/- +3460 (40%) =12,110/- x 12x 15x 10% = Rs.2,17,980/-

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Pain and suffering as awarded by the tribunal in sum of Rs.1,00,000/-is proper as disability is assessed at 10% to the whole body.

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The tribunal has not awarded loss of earnings to the parents for the period of hospitalization. Therefore, the appellant –claimant is entitled to loss of earnings to the parents for the period of hospitalization in sum of Rs.8650/- x 3= Rs.25,950/-

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The tribunal has rightly awarded medical expenses Rs.62,110/and future medical expenses Rs.20,000/-.

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In view of the above, the appellant –claimant is entitled to compensation amount as under:

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9 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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Sl.No	HEADS	AMOUNT
1	Loss of future earnings	Rs.2,17,980/-
2	Pain and suffering	Rs.1,00,000/-
3	Loss of earnings of the parents for the period of hospitalization	Rs.25,950/-
4.	Medical Expenses	Rs.62,110/-
5.	Future medical expenses	Rs.20,000/-
	Total amount of	Rs.4,26,040/-

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In view of the above, the appellant –claimant is entitled to total compensation of Rs.4,26,040/- as against Rs.1,82,110/- as awarded by the tribunal.

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In the result, the following

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ORDER

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i) The appeal is allowed in part.

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ii) The appellant –claimant is entitled to total compensation of Rs.4,26,040/- with interest at the rate of 6% P.A from the date of petition till realization.

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iii) Respondent No.2 –insurance company is directed to deposit compensation amount with

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10 - NC: 2024:KHC-D:12825 MFA No. 101955 of 2020

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interest within a period of 06 weeks from the date of receipt of certified copy of this order failing which it is liable to pay interest at 9% P.A.

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iv) 50% of the compensation amount is ordered to be kept in fixed deposit in the name of the appellant –claimant for a period of 05 years and remaining 50% of the compensation is ordered to be released to the appellant –claimant.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP CT:ANB List No.: 1 Sl No.: 31

Kumar.Rohan Laxman Chavan v. Shri. Sanjay Parashuram Savant

Case brief

What is this about?

What did the court decide?

Kumar.Rohan Laxman Chavan v. Shri. Sanjay Parashuram Savant

Case brief

What is this about?

What did the court decide?

What the court decided

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