Partly allowed

Ishwar S/O. Malleshappa Vakkund v. the M D Nwkrtc, Gokul Road

Karnataka HC2 Aug 2024MFA.CROB/785/2012

Case brief

AI extract

What is this about?

Appeal by NWKRTC seeking reduction of motor accident compensation and cross-objection by the injured claimant seeking enhancement. The court adopted KSLSA notional income of Rs.4,250 per month with 14% disability and multiplier 14, marginally enhancing compensation to Rs.2,26,210, and dismissed the Corporation's appeal.

What did the court decide?

Claimant granted enhanced compensation of Rs.5,610 with 6% interest p.a. from date of petition; deposit sent to Tribunal; Corporation's appeal dismissed.

Ishwar S/O. Malleshappa Vakkund Vs the M D Nwkrtc… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF AUGUST 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 23569 OF 2011 C/W

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MFA CROSS OBJ NO. 785 OF 2012

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IN MFA NO.23569/2011

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BETWEEN:

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THE MANAGING DIRECTORS, N.W.K.R.T.C, GOKUL ROAD, HUBLI.

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THE SELF INSURANCE FUND, N.W.K.R.T.C., GOKUL ROAD, HUBLI.

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…APPELLANTS

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(BY SRI. I. C. PATIL, ADVOCATE)

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AND:

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SRI. ISHWAR S/O. MALLESHAPPA VAKKUNDA, AGE: 41 YEARS, OCC: BUSINESS, R/O: SHUKRUVARPETH, DHARWAD.

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…RESPONDENT

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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(BY SMT. VIJAYLAXMI M. N AND SRI. S.M. NADAF, ADVOCATE)

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THIS MFA FILED U/SEC.173(1) OF MVC ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:23-02-2011 PASSED IN MVC.NO.571/2008 ON THE FILE OF THE III-ADDL. SENIOR CIVIL JUDGE AND MACT, DHARWAD AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 23.02.2011 PASSED IN MVC 571/2008 ON BY THE III ADDL. SENIOR CIVIL JUDGE & MACT, DHARWAD, BY ALLOWING THIS APPEAL.

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2 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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IN MFA CROB NO.785/2012 BETWEEN:

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ISHWAR S/O. MALLESHAPPA VAKKUND, AGE: 41 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. SHUKRAVARPETH DHARWAD.

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…CROSS OBJECTOR

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(BY SMT. VIJAYLAXMI M. N AND SRI. S.M. NADAF, ADVOCATES)

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AND:

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THE M. D, NWKRTC, GOKUL ROAD, HUBLI.

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THE SELF INSURANCE FUND, NWKRTC GOKUL ROAD, HUBLI.

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…RESPONDENTS

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(BY SRI. I. C. PATIL, ADVOCATE)

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THIS MFA CROB FILED U/O 41 RULE 22 OF CPC., AGAINST JUDGMENT AND AWARD PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND DHARWAD AND MACT I/C III ADDL. SENIOR CIVIL JUDGE, DHARWAD IN MVC NO.571/2008 DATED 23.02.2011 AND ENHANCE THE COMPENSATION BY ALLOWING THIS CROSS OBJECTION AND DISMISS THE MFA NO.23569/2011 IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL AND MFA CROB COMING ON FOR HEARING, THIS

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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:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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ORAL JUDGMENT

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This appeal is filed by the claimants seeking enhancement

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of the compensation awarded by the Tribunal in MVC No.571/2008 dated 23.02.2011 passed by the III Addl. Senior Civil Judge and MACT, Dharwad.

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The factual matrix of the case is that on 07.05.2008 at 07.45 p.m. after completion of work, the appellant/injured was riding his motorcycle bearing registration No.KA-25Y-6180 with his friend as pillion rider near Tarihal By-pass, the vehicle was parked to the left side. At that time, N.W.K.R.T.C bus bearing No.KA-22-F-1457 plying from Dharwad towards Gabbur By-pass and was driven in high speed, in rash and negligent manner and in an attempt to overtake another vehicle, dashed the petitioner and the petitioner sustained grievous injuries and disability. The appellant filed claim petition and the Tribunal considering the evidence of PW1 and 2 and documents at Exs.P1 to P17 has awarded compensation of Rs.2,20,600/- with interest at 6% p.a., holding the appellants liable to pay the compensation amount.

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4 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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Being aggrieved by the said award of compensation by the Tribunal-the appellant/Corporation has filed this appeal on the ground that the compensation awarded is on higher side. The respondent/claimant has filed cross objection on the ground that compensation awarded by the Tribunal is on lower side and sought enhancement of the compensation.

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Heard learned counsels for the parties and perused

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the impugned judgment and the trial Court records.

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The accident occurred due to rash and negligent

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driving of the bus driver of N.W.K.R.T.C., has not been challenged. The quantum of compensation awarded by the Tribunal, has been questioned in this appeal. The injury certificate of the claimant is at Ex.P-12. The injury is noted in Ex.P-12 are as under:

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i. Diffuse tenderness rt. Leg and ankle joint.

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ii. Antalgie gait.

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iii. Right knee movement is restricted by 10%.

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iv. 80% restiction of right ankle joint.

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v. Right lower limb is short by 4 cms.

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PW-2 is the Doctor who has issued the said

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disability certificate at Ex.P-17. The X-rays produced at

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5 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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Exs.P14 to P16 indicates that the right leg with ankle joint shows malunited fracture of Distal end of tibia and fibula with arthritic changes on ankle joint. PW-2-Doctor who has issued Ex.P17-disability certificate has stated that respondent/claimant was found with 4 cms shortening of right leg by 15% and moderate right ankle movement by 25% partially disability on his right lower limbs. Considering the said documents, the Tribunal has rightly assessed the disability at 14%.

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The respondent/claimant was aged about 38 years and he was agriculturist and the same can be seen in Ex.P11RTC. Hence, considering the same, it is clear that he had income from agricultural work. The petitioner was only earning member of the family, since his father expired and death certificate of the father is at Ex.P-10. The Tribunal has taken monthly income of the respondent/claimant at Rs.4,000/- and calculated yearly income at Rs.48,000/-. The notional income has fixed by the Karnataka State Legal Services Authority (KSLSA) for the year 2008 is Rs.4,250/- per month. The Tribunal ought to have taken the said aspect into consideration and calculated his yearly income. Therefore, the income of the respondent/claimant is Rs.51,000/-(4,250x12). In respect of

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6 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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the disability, the Tribunal has taken into consideration the decision of the Hon’ble Apex Court in the case of Rani Gupta & Ors. V/s M/s. United India Insurance Co. Ltd. & Ors., AIR

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(2009) SC 3226 14. Therefore, the yearly income of Rs.51,000/- with disability of 14% would be Rs.7,140/- and the multiplier 14 is applied and it comes to Rs.99,960/(4250 x 12 x 14 x 14%).

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Considering, the injuries sustained by the respondent/claimant, the Tribunal has rightly awarded a sum of Rs.40,000/- towards Pain and sufferings. The Tribunal has awarded a sum of Rs.35,000/- towards loss of amenities. Considering the lot of inconvenience caused to the respondent/claimant, it is proper. The Tribunal considering the documents produced, has rightly awarded the medical expenses of Rs.21,520/- and also rightly awarded Rs.6,000/towards diet-cum-conveyance expenses. The Tribunal considering that the respondent/claimant was admitted for a period of nearly 4 months has rightly awarded loss of income during laid-up period in a sum of Rs.24,000/-. Considering all these aspects, the respondent/claimant is entitled for compensation under the following heads:

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7 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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Sl. No.	Heads	Rs.
1.	Future loss of income on account of disability	99,960/-
2.	Pain and sufferings	40,000/-
3.	Loss of amenities	35,000/-
4.	Medical Expenses	21,250/-
5.	Diet-cum-conveyance expenses	6,000/-
6.	Loss of income during laid up period	24,000/-
	Total	2,26,210/-

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The Tribunal has awarded total compensation of

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Rs.2,20,600/-. Therefore, the respondent/claimant is entitled to enhanced compensation of Rs.5,610/- (2,26,210 – 2,20,600).

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In view of the above, the following:

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ORDER

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i. The appeal of the appellants/Corporation is dismissed and Cross objection filed by respondent/ claimant is partly-allowed.

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ii. The respondent/claimant is entitled to enhanced compensation of Rs.5,610/- with interest at 6% p.a. from the date of petition till realization. Since, the appeal is of the year 2011 the respondent/claimant is entitled to release of entire enhanced compensation with interest.

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8 - NC: 2024:KHC-D:10974 MFA No. 23569 of 2011 C/W MFA.CROB No. 785 of 2012

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iii. The amount of compensation deposited by the appellant/Corporation before this Court

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is ordered to be sent to the Tribunal.

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Sd/(SHIVASHANKAR AMARANNAVAR)

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JUDGE

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RKM List No.: 1 Sl No.: 52

Ishwar S/O. Malleshappa Vakkund v. the M D Nwkrtc, Gokul Road

Case brief

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What did the court decide?

Ishwar S/O. Malleshappa Vakkund v. the M D Nwkrtc, Gokul Road

Case brief

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