Kumari Sucheta D/O Suresh Naik Vs Sri Shantaram Shetty S/O H M Ratnakar Shetty

KUMARI SUCHETA D/O SURESH NAIK, AGE: 22 YEARS, OCC: STUDENT, R/O: UGRANI MANE, GULADKERI, MANKI VILLAGE, TQ: HONNAVAR, TQ: BHATKAL, DIST: UTTAR KANNADA, PIN-581 348.

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… APPELLANT

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(BY SRI. J.S. SHETTY, ADVOCATE)

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AND:

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SRI. SHANTARAM SHETTY S/O H.M. RATNAKAR SHETTY, AGE: MAJOR, R/O: HOUSE NO.109, PETRI, POST: CHERKADI, TQ: AND DIST: UDUPI, (OWNER OF CAR BEARING REG. NO.KA-20/MC-3548), PIN-576 215.

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HDFC-AGRO GENERAL INSURANCE COMPANY LTD., II FLOOR, ESSL CENTRE, M.G. ROAD, MANGALORE, DIST: MANGALORE-575 003.

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… RESPONDENTS

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; R1-SERVED)

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THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, MODIFY THE JUDGMENT AND AWARD DATED 21.10.2022 PASSED IN MVC NO.449/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JUDICIAL MAGISTRATE FIRST CLASS AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT HONNAVAR.

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NC: 2025:KHC-D:8367 MFA No. 100453 of 2023

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HC-KAR

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THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This Miscellaneous First Appeal is filed under Section

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173(1) of the Motor Vehicles Act, 1988 by the claimant challenging the judgment and award dated 21.10.2022 passed in MVC No.449/2019 on the file of Senior Civil Judge and Additional MACT, Honnavar (for short, ‘Tribunal’), 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 record it is proved that the claimant had suffered the following injuries.

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“Fracture of right femur and fracture of right tibia”

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HC-KAR

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The Tribunal has awarded compensation under

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various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Loss of future income due to permanent disability.	1,38,240/-
2.	Medical expenses.	2,44,538/-
3.	Pain and suffering.	50,000/-
4.	Loss of amenities and happiness in life.	10,000/-
5.	Loss of earning during laid-off period.	10,000/-
6.	Extra nourishment and nutrition.	10,000/-
7.	Food, conveyance and attendants charges during treatment.	10,000/-
	Total:	4,72,778/-

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Considering the nature of injuries sustained, compensation awarded by Tribunal is 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 and Rs.20,000/- towards loss of amenities are awarded.

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HC-KAR

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The compensation awarded towards medical expenses and hospital charges of Rs.2,44,538/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.26,500/- (13,250 x 2) towards loss of income during laid up period for a period of two months, is awarded. Further, Rs.30,000/- is awarded towards loss of marriage prospects.

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The doctor-PW.3 has stated that the claimant had suffered 23% of physical permanent impairment of his right lower limb. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the claimant had suffered fracture of right femur and fracture of right tibia.

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The accident is caused in the year 2019. Hence,

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in the absence of proof of income, notional income is to be taken at Rs.13,250/- for the year 2019, as recognized by

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HC-KAR

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the Karnataka State Legal Services Authority. The claimant was aged 18 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,86,200/- (Rs.13,250 x 10% x 12 x 18).

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Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards injuries, pain and suffering.	30,000/-
2.	Towards medical expenses.	2,44,538/-
3.	Towards loss of amenities.	20,000/-
4.	Towards loss of income during laid up period and medical treatment period.	26,500/-
5.	Towards loss of marriage prospects.	30,000/-
6.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	15,000/-
7.	Towards loss of future income due to disability.	2,86,200/-
	Total:	6,52,238/-

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Therefore, the claimant is entitled for total compensation of Rs.6,52,238/- along with interest at the

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HC-KAR

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rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,72,778/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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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 21.10.2022 passed in MVC No.449/2019 on

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the file of Senior Civil Judge and Additional MACT, Honnavar, stands modified.

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iii) The claimant is entitled for total compensation of Rs.6,52,238/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.4,72,778/- awarded by the Tribunal.

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