Partly allowed

The Divisional Manager v. Latha W/O Yekanath Dange

Karnataka HC26 Sept 2024MFA/102675/2020

Case brief

AI extract

What is this about?

Insurance company appeal against compensation quantum and claimant's cross-objection for enhancement after truck accident causing below-knee amputation. Court upheld 50% whole-body disability but raised notional income to Rs.11,750 with 10% future prospects, enhanced total compensation to Rs.11,05,435 and reduced interest from 9% to 6% per annum.

What the court decided

AI extract

The Divisional Manager Vs Latha W/O Yekanath Dange — Insurance | Karnataka HC (2024)

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NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 102675 OF 2020 C/W MFA CROSS OBJ NO. 100027 OF 2022

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IN MFA NO.102675/2020

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BETWEEN:

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THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., CTS NO. 477-474, V.A. KALABURGI SQUARE DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580 029 REP. BY AUTHORISED SIGNATORY.

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…APPELLANT

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(BY SRI. S. V. YAJI, ADVOCATE)

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AND:

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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LATHA W/O. YEKANATH DANGE, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: CHALUKYA NAGAR, GADAG ROAD, HUBBALLI-580 029. NOW AT NAVALUR, DHARWAD-580 004.

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TIPPESH S/O. NAGENDRAPPA DOBDASH, AGE: 52 YEARS, OCC: BUSINESS, R/O: SAGAR COLONY, KUSUGAL ROAD, KESHWAPUR, HUBBALLI – 580 020.

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(BY SRI. C.S. NAGASHETTI, ADVOCATE FOR R1; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2)

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…RESPONDENTS

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT AWARD DATED 01.09.2020 PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, DHARWAD IN MVC NO.597/2018 BY ALLOWING THIS APPEAL. CONSEQUENTLY MODIFY THE AWARD AGAINST THE APPELLANT.

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NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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IN MFA CROSS OBJ NO. 100027/2022

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BETWEEN:

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LATHA W/O. YEKANATH DANGE, AGE: 55 YEARS, OCC: AGRICULTURE COOLIE, R/O: CHALUKYA NAGAR, GADAG ROAD, HUBLI, NOW AT NAVALUR, DHARWAD.

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…CROSS OBJECTOR

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(BY SRI. CHANDRASHEKHAR S NAGASHETTI, ADVOCATE)

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AND:

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TIPPESH S/O. NAGENDRAPPA DOBDASH, AGE: 53 YEARS, OCC: BUSINESS, R/O: SAGAR COLONY, KUSUGAL ROAD, KISHWAPUR, HUBLI PIN CODE-580 023.

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THE DIVISIONAL MANAGAR, RELIANCE GENERAL INSURANCE COMPANY LTD., CTS NO. 477-474, V .A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI PIN CODE: 580 029

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…RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R1; SRI. S.V. YAJI, ADVOCATE FOR R2)

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THIS MFA CROB IN MFA NO.102675/2020 FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYS TO MODIFY AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE IST ADDL. SENIOR CIVIL JUDGE AND CJM., DHARWAD DATED 01.09.2020 IN MVC NO. 597/2018, AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS CROSS OBJECTION, IN THE INTEREST OF JUSTICE AND EQUITY.

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THE APPEAL AND CROSS OBJECTION 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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3 - NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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ORAL JUDGMENT

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This appeal is filed by the insurance company challenging the quantum of compensation awarded in the judgment dated 01.09.2020 passed in MVC No.597/2018 by the learned I Additional Senior Civil Judge and CJM, Dharwad.

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Respondent No.1/claimant has also filed cross objection seeking enhancement of compensation awarded by the Tribunal.

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The case of the claimant in brief is that, on 21.05.2018, when she was walking on the left margin of the road in Brindavan Colony, Hubli, at about 12:15pm, when she was near CMM Church of Brindavan Colony, at that time, a truck bearing registration No.MH-04-EB.3116 came from Gadag road heading towards Kusugal road driven by its driver in a rash and negligent manner and in a high speed, dashed to her and due to that impact she sustained grievous injuries all over the body and her right

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NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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leg came under front wheel of the truck and there is amputation of her right leg. Hence, the appellant/claimant made a claim petition seeking compensation.

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The Tribunal, after recording the evidence and

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appreciating the evidence on record, has awarded compensation as under:

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Sl.No.	Compensation heads	Amount in Rs.
1	Loss of future income arising out of 50% disability	6,60,000/-
2	Pain and sufferings	50,000/-
3	Loss of amenities of life	50,000/-
4	Loss of income during laid up period	50,000/-
5	Actual medical expenses	3,385/-
6	Future medical expenses	50,000/-
7	Conveyance	10,000/-
8	Attendant charges	10,000/-
9	Food, nourishment and diet charges	15,000/-
	TOTAL	8,98,385/-

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The insurance company challenging the

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quantum of compensation has filed MFA No.102675/2020 and the claimant has filed cross objections seeking

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5 - NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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enhancement of the compensation awarded by the Tribunal.

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appellant/insurance company and the learned counsel for respondent No.1/claimant.

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Learned counsel for the appellant-insurance company would contend that there is amputation of right leg below the knee and the Doctor has assessed the disability at 70% to the right lower limb and the Tribunal has erred in taking the physical disability to the whole body at 50%. He further contends that without any basis, the Tribunal has awarded future medical expenses in a sum of Rs.50,000/-. With this, he prayed to allow the appeal.

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The learned counsel for respondent No.1/cross objector would contend that there is amputation of right

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leg below the knee and as the claimant is doing agricultural work, it affects her functioning as an agriculturist and there is total disability of whole body and

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6 - NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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the Tribunal ought to have taken the disability at 100%. He further contend that the income taken by the Tribunal at Rs.10,000/- per month is on the lower side and as per the chart prepared by the Legal Services Authority for settlement of matters before the Lok Adalat, the notional income fixed for the year 2018 is Rs.11,750/- and the Tribunal ought to have taken the said notional income. The Tribunal has not awarded any amount towards future prospects and considering the age of the claimant, she is entitled to future prospects at 10%. He further contends that the compensation awarded towards pain and suffering, loss of amenities and future medical expenses is on the lower side. With this, the counsel for the crossobjector prayed for enhancement of compensation.

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Having heard the learned counsel, the Court has perused the impugned judgment and award and the trial Court records.

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It is not in dispute that the accident has taken place in the year 2018 and the claimant is aged about 52

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NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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years doing agriculture. The photo-Ex.P-12 of the claimant, the wound certificate-Ex.P-6 and disability certificate Ex.P-16 indicate that there is amputation of right lower limb below the knee. PW.2-the Doctor has deposed that the disability is 70% to the right lower limb. The Tribunal has taken the disability to the whole body at 50%. The claimant is aged 54 years and she is doing agriculture work . Considering the said work, the Tribunal has rightly taken the disability to the whole body at 50%. Notional income fixed for the year 2018 by the Legal Services Authority for settlement of disputes before the Lok Adalat is Rs.11,750/-. The Tribunal ought to have taken the said income. Considering the age of the injured claimant, she is entitled to future prospects at 10%. In view of the above, the claimant is entitled to loss of future income at Rs.8,53,050/(11,750/-+10%=12,925/x12x11x50%).

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The injured claimant was admitted in hospital for 49 days. Considering the said fact, the loss of income

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8 - NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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during laid up period awarded by the Tribunal in a sum of Rs.50,000/- is proper and correct. Considering the injuries, the compensation awarded towards pain and suffering in a sum of Rs.50,000/- is just and proper. The Tribunal has rightly awarded medical expenses of Rs.3,385/- considering the bills produced.

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The Tribunal has awarded future medical expenses at Rs.50,000/-. The claimant has lost her right foot i.e. amputation below knee. Considering the aspect that she requires artificial limb to her remaining part of life, the Tribunal has rightly awarded Rs.50,000/- towards future medical expenses. As the injured was admitted in the hospital for a period of 49 days, she is entitled for attendant, nourishment and conveyance charges in a sum of Rs.49,000/-.

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

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9 - NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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Sl.No.	Heads	Amount in Rs.
1	Loss of future income	8,53,050/-
2	Pain and suffering	50,000/-
3	Loss of amenities	50,000/-
4	Loss of income during laid up period	50,000/-
5	Medical expenses	3,385/-
6	Future medical expenses	50,000/-
7	Attendant and conveyance charge, food and nourishment	49,000/-
	TOTAL	11,05,435/-

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The claimant is entitled to total compensation of Rs.11,05,435/- as against Rs.8,98,385/- awarded by the Tribunal. The Tribunal has awarded interest at 9% per annum. In view of the decisions of the Hon’ble Apex Court and this Court, interest awarded by the Tribunal is on the higher side. The claimant is entitled to interest at 6% per annum.

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In view of the above, the following

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ORDER

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The appeal and the cross-objection are allowed in

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part. The judgment and award dated 01.09.2020 passed

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10 - NC: 2024:KHC-D:14094 MFA No. 102675 of 2020 C/W MFA.CROB No. 100027 of 2022

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in MVC No.597/2018 by the learned I Additional Senior Civil Judge and CJM, Dharwad, is modified. The claimant is entitled to total compensation of Rs.11,05,435/- with interest at 6% per annum from the date of petition till realization.

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The insurance company shall deposit the compensation amount with interest within a period of six weeks from the date of receipt of certified copy of the judgment, failing which, the insurance company is liable to pay interest at 9% per annum.

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Amount in deposit by the insurance company is ordered to be transmitted to the Tribunal concerned.

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The claimant is entitled to release of entire compensation amount.

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Draw award accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv

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CT:ANB

The Divisional Manager v. Latha W/O Yekanath Dange

Case brief

What is this about?

What the court decided

The Divisional Manager v. Latha W/O Yekanath Dange

Case brief

What is this about?

What the court decided

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