Siddappa S/O Halappa Naikwadii, Vs Maruti S/O Laxman Pujeri

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NC: 2025:KHC-D:523 MFA No. 100679 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100679 OF 2015 (MV)

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BETWEEN:

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SIDDAPPA S/O. HALAPPA NAIKWADI, AGE: 27 YEARS, OCC: COOLIE AND AGRICULTURE, NOW NIL, R/O: KANKANAWADI, TQ: RAIBAG, DIST: BELAGAVI.

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…APPELLANT

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(BY SRI SANTOSH S.HATTIKATAGI, ADVOCATE)

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AND:

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MARUTI S/O. LAXMAN PUJERI, AGE: MAJOR, OCC: AGRICULTURE, R/O: PATAGUNDI, TQ: GOKAK, DIST: BELAGAVI.

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IFFCO-TOKIO BY ITS BRANCH MANAGER, 2^ND FLOOR, SHIKSHAK VISWAST MANDALA, SHIKSHAK BHAVAN, COLLEGE ROAD, OPP: SANMAN HOTEL, BELAGAVI.

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…RESPONDENTS

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

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(BY SRI G.N. RAICHUR, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.12.2014, PASSED IN MVC.NO.2027/2012, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK AND ETC.,

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

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NC: 2025:KHC-D:523 MFA No. 100679 of 2015

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ORAL JUDGMENT

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

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Though this appeal is listed for admission, with the

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consent of learned counsel for the parties, it is taken up for final disposal.

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This appeal is filed under Section-173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 31.12.2014 passed in MVC No.2027/2012 on the file of Prl. Senior Civil Judge and Addl. MACT, Gokak (for short, ‘Tribunal’).

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Brief facts of the case are that on 04.04.2012, the claimant/appellant was standing near tea shop on Gokak-Lolasur road waiting for vehicle to go to his village Kankanawadi. At that time, rider of a motor cycle bearing Reg.No.KA-49/K-3787 came in a high speed and in a rash and negligent manner, endangering to human life and

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NC: 2025:KHC-D:523 MFA No. 100679 of 2015

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dashed to the appellant and thereby caused the accident. As a result, the appellant/claimant fell down and sustained grievous injuries. Therefore, the claimant has filed the claim petition, seeking compensation.

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Heard the arguments of learned counsel for the parties and perused the records.

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The occurrence of accident, injuries sustained

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by the claimant and coverage of insurance are not in dispute.

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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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i. Right Knee swelling, Tense and tender movements limited.

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ii. Swelling right leg upper 1/3^rd area.

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iii. Abrasion right palm bleeding.

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iv. Abrasion Rt. Knee bleeding.

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Right knee X-ray – Communited fracture patella right.

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Right leg knee – Intra articular fracture upper end tibia right.

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The Tribunal after considering the facts and

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circumstances and evidence on record, has awarded total

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compensation of Rs.1,06,198/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, under the following heads:

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SL.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Towardspain and suffering	40,000/-
2.	Towards medical expenses including hospital charges	36,698/-
3.	Towards food and attendant charges	5,000/-
4.	Towards discomfort	20,000/-
5.	Towards loss of earning during laid up period	4,500/-
	Total Compensation	1,06,198/-

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Upon considering the injuries sustained and

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amount of compensation awarded by the Tribunal, which is on lower side. Hence, the claimant is entitled to enhanced compensation on the correct parameters.

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Considering the injuries sustained, a compensation of Rs.50,000/- is to be awarded towards pain and suffering, Rs. 20,000/- is to be awarded towards food and attendant charges, Rs.35,000/- is to be awarded towards loss of discomfort and Rs.19,500/- towards loss of income

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during laid up period for a period of three months, is awarded.

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The accident occurred on 04.04.2012,

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therefore, notional income would be Rs.6,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged 25 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘18’. Considering the injuries suffered by the claimant, Doctor has assessed 40% of permanent physical disability but the Tribunal has not awarded any compensation under this head. Considering the principle of law laid down by the Hon’ble Apex Court in the case of

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Rajkumar V/s Ajay Kumar & Another¹ , 15% of functional disability is taken into consideration. Hence, loss of future income due to disability is hereby calculated as under:

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Rs.6,500 x 12 x 18 x 15% = Rs.2,10,600/-.

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1 2011 (1) SCC 343

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The compensation awarded under other heads

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are just and proper. Hence, the same is kept intact.

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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.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Towardspain and suffering	50,000/-
2.	Towards Medical expenses	36,698/-
3.	Towards food and attendant charges	20,000/-
4.	Towards discomfort	35,000/-
5.	Towards loss of future earnings	2,10,600/-
6.	Towards loss of income during laid- up period (6,500 x 3)	19,500/-
	Total Compensation	3,71,798/-

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Therefore, the claimant is entitled for total compensation of Rs.3,71,798/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,06,198/- 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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NC: 2025:KHC-D:523 MFA No. 100679 of 2015

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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 31.12.2014, passed by the Prl. Senior Civil Judge and Addl. M.A.C.T, Gokak, in MVC No.2027/2012 stands modified.

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iii) The claimant is entitled for total compensation of Rs.3,71,798/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.1,06,198/- awarded by the tribunal.

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iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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v) Send a copy of this judgment to the trial Court.

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vi) No order as to costs.

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vii) Draw award accordingly.

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE

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RKM, List No.: 2 Sl No.: 17

Siddappa S/O Halappa Naikwadii, v. Maruti S/O Laxman Pujeri

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Siddappa S/O Halappa Naikwadii, v. Maruti S/O Laxman Pujeri

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