Sri Devendra Naik S/O Bharamappa v. Mr Dadapeer S/O Abdul Wahab

Karnataka HC26 Sept 2024MFA/103031/2024

Case brief

AI extract

What is this about?

In a Motor First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, the Court enhanced compensation awarded to an injured claimant for a road accident. The Court increased heads for pain and sufferings, loss of amenities, and attendant charges, and modified the interest rate from 9% to 6% p.a.

What did the court decide?

Compensation enhanced to Rs. 3,45,058/- with interest at 6% p.a; insurance company ordered to deposit amount within six weeks.

Sri Devendra Naik S/O Bharamappa Vs Mr Dadapeer S/O… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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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. 103031 OF 2024

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BETWEEN:

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SRI. DEVENDRA NAIK S/O. BHARAMAPPA, AGE: 50 YEARS, OCC: AGRICULTURE & PVT WORK, R/O: MUDDENAHALLI VILLAGE, TQ & DIST: SHIVAMOGGA, NOW PAMPA NAGAR, 3^RD CROSS, RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

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AND:

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MR. DADAPEER S/O. ABDUL WAHAB, AGE: MAJOR, OCC: BUSINESS, R/O: NO.3056, BAREGERI BEEDI, 1^ST CROSS, H L K ROAD, CHITRADURGA-577501, DIST: CHITRADURGA. (OWNER OF THE VEHICLE GOODS LORRY BEARING REG. NO.KA-16/C-5826).

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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THE LEGAL CLIAMS MANAGER, UNIVERSAL SOMPO G I C, 2A, 2^ND FLOOR, 84, RAMSON COMPLEX, P.B. ROAD, HOSUR, HUBBALLI -21. (OWNER OF THE VEHICLE GOODS LORRY BEARING REG. NO.KA-16/C-5826 POLICY NO. USGI/POSWEB/0436445/00/000. VALID FROM 11.07.2020 TO 10.07.2021)

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…RESPONDENTS

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(NOTICE TO R1 DISPENSED WITH; SRI. NAGARAJ S. KOLLOORI, ADVOCATE FOR R2)

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THIS MFA FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYS TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF THE II ADDL. SENIOR CIVIL JUDGE & ADDL. MACT, RANEBENNUR, DATED

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2 - NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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30.09.2023 IN MVC NO.492/2021 IN THE INTEREST OF JUSTICE AND EQUITY.

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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 the claimant seeking enhancement of compensation awarded in the judgment dated 30.09.2023 passed in MVC No.492/2021 by II Addl. Senior Civil Judge and Addl. MACT, Ranebennur.

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The case of the claimant in brief is that on 25.01.2021 at about 11.30 hours, he was going towards Kappanalli village by walk on the left side of the road. At that time a driver of the goods lorry bearing Reg.No.KA.16/C-5826 drove the same in high speed and in a rash and negligent manner and caused accident against the claimant. Due to the impact, the claimant sustained grievous injuries and he took treatment. The claimant made petition seeking compensation. The Tribunal after recording evidence and appreciating the

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3 - NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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evidence on record has awarded the compensation as

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under:

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Sl. No.	Heads		Amount
1.	Medical expenses	Rs.	5,508/-
2.	Attendant charges, extra nutritious food and transportation charges	Rs.	5,000/-
3.	Pain and sufferings	Rs.	25,000/-
4.	Loss of future income on account of permanent disability	Rs.	2,22,300/-
5.	Loss of income during laid up period	Rs.	14,250/-
	Total	Rs.	2,72,058/-

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The claimant has filed this appeal seeking

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enhancement of compensation.

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Heard learned counsel for the appellant and

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learned counsel for respondent No.2-Insurance company.

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Learned counsel for the appellant would contend that the compensation awarded for loss of future earnings is proper and correct. The compensation awarded for pain and sufferings and amenities is on lower side. Considering the fractures and injuries sustained by the claimant, the claimant has been admitted in hospital for two days and considering the fracture sustained by him, the Tribunal ought to have awarded loss of income during

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4 - NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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laid-up period for 3 months in a sum of Rs.42,750/(14,250x3) as against Rs.14,250/-. He submits that the Tribunal has rightly awarded medical expenses. He contends that the compensation awarded for food, nourishment and attendant charges is on lower side. With this he prayed to allow appeal.

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Learned counsel for respondent No.2 would contend that the Tribunal has awarded just and fair compensation and there are no grounds for enhancement of the compensation. With this, he prayed to dismiss the appeal.

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Having heard learned counsels, the Court has perused the impugned judgment and other materials placed on record.

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As per Ex.P-7-wound certificate and evidence of PW-2-Doctor indicate that the claimant has sustained Medial malleolar fracture right side and traumatic Raw area and he has been admitted to hospital for two days.

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5 - NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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The Doctor who has examined him has assessed disability at 30% and Tribunal has rightly taken disability at 10% considering the fracture sustained by the claimant. The compensation awarded for pain and sufferings is on lower side and the Tribunal ought to have awarded loss of amenities in a sum of Rs.30,000/-. The claimant is entitled to pain and sufferings in a sum of Rs.30,000/- as against Rs.25,000/- awarded by the Tribunal. The claimant has been admitted to hospital for two days and considering the fracture and injuries sustained by him, the Tribunal ought to have awarded loss of income during laid-up period for 3 months i.e.,Rs.42,750/-. The Tribunal has awarded attendant charges, food, nourishment and transportation charges of Rs.5,000/-. Considering the nature of injuries sustained and as he is admitted to hospital for two days, the claimant is entitled to food, nourishment, transportation and attendant charges in a sum of Rs.15,000/- as against Rs.5,000/- awarded by the Tribunal. The Tribunal considering the medical bills has rightly awarded medical expenses of Rs.5,508/-. The

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6 - NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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claimant has not challenged the compensation awarded for

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loss of future income in a sum of Rs.2,22,300/-. In view of the above, the claimant is entitled to compensation as

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under:

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Sl. No.	Heads		Amount
1.	Pain and sufferings	Rs.	30,000/-
2.	Loss of amenities	Rs.	30,000/-
3.	Attendant charges, extra nutritious food and transportation charges	Rs.	15,000/-
4.	Medical expenses	Rs.	5,508/-
5.	Loss of income during laid up period	Rs.	42,250/-
6.	Loss of future income	Rs.	2,22,300/-
	Total	Rs.	3,45,058/-

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The claimant is entitled to total compensation of

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Rs.3,45,058/- as against Rs.2,72,058/- as awarded by the

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Tribunal. The Tribunal has awarded interest at the rate of 9% and it is on higher side. Considering the decisions of this Court and Hon’ble Apex Court, interest to be awarded at 6% p.a.

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10. In view of the above, the following:

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ORDER

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i. The appeal is allowed-in-part.

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7 - NC: 2024:KHC-D:14002 MFA No. 103031 of 2024

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ii. The judgment and award passed in MVC

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No. 492/2021 is modified as under.

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iii. The appellant/claimant is entitled to compensation of Rs.3,45,058/- with the interest at 6% p.a from the date of petition till its realization.

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iv. Respondent No.2-Insurance company shall deposit the compensation amount with interest within a period of six weeks from the date of receipt of certified copy of this judgment, failing which it is liable to pay interest at the rate of 9% p.a.

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v. The appellant/claimant is entitled to release of entire amount of compensation.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM CT:ANB List No.: 1 Sl No.: 14

Sri Devendra Naik S/O Bharamappa v. Mr Dadapeer S/O Abdul Wahab

Case brief

What is this about?

What did the court decide?

Sri Devendra Naik S/O Bharamappa v. Mr Dadapeer S/O Abdul Wahab

Case brief

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What did the court decide?

What the court decided

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