The Divisional Controller Vs Smt.Sangeeta W/O Shripati Homakar

THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., ATHANI DEPOT-591 304, TQ: ATHANI, DIST: BELAGAVI, THROUGH CHIEF LAW OFFICER, N.W.K.R.T.C., HUBBALLI CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580 030.

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… APPELLANT

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(BY SRI. MADANMOHAN M. KHANNUR, 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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SMT. SANGEETA W/O SHRIPATI HOMAKAR, AGE: 44 YEARS, OCC: HOUSEHOLD AND TAILORING, R/O: ATHANI, TQ: ATHANI-591 304, DIST: BELAGAVI-590 001. … RESPONDENT (BY SRI. VITTHAL S. TELI, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 19.09.2019 PASSED IN MVC NO.407/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, ATHANI, AT ATHANI.

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

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NC: 2025:KHC-D:8368 MFA No. 100743 of 2020

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HC-KAR

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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 by the N.W.K.R.T.C. challenging the judgment and award dated 19.09.2019 passed in MVC No.407/2016 on the file of Principal Senior Civil Judge and Additional MACT, Athani (for short, ‘Tribunal’), seeking reduction 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

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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

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on record it is proved that the claimant had suffered the following injuries.

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“1. Fracture injuries on left shoulder and part of the body.

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Contusion of left side of chest and simple injuries.”

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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.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	35,000/-
2.	Towards loss of future earnings due to disability.	1,68,750/-
3.	Loss of amenities.	20,000/-
4.	Loss of life expectancy.	10,000/-
5.	Loss of income during laid up period.	15,000/-
6.	Attendant charges.	6,000/-
7.	Conveyance and Misc. expenses.	4,200/-
8.	Medical expenses.	76,508/-
	Total:	3,35,458/-

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Considering the nature of injuries sustained, compensation awarded by Tribunal is on higher side. Therefore, the same is required to be reduced by modifying the judgment and award.

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Considering the injuries sustained, a

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compensation of Rs.20,000/- towards pain and suffering and Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and

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HC-KAR

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hospital charges of Rs.76,508/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.16,000/- (Rs.8,000x2) towards loss of income during laid up period for a period of two months, is awarded.

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The doctor-PW.2 has stated that the claimant had suffered 25% disability on the upper limb and 1/3^rd of disability against the whole body. Therefore, considering the evidence of doctor, 10% functional disability is taken into consideration, as the claimant had suffered fracture injuries on left shoulder and part of the body, contusion on left side of chest and simple injuries.

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The accident is caused in the year 2015. Hence, in the absence of proof of income, notional income is to be taken at Rs.8,000/- for the year 2015, as recognized by the Karnataka State Legal Services Authority. The claimant was aged 40 years at the time of accident. Therefore appropriate applicable multiplier is 15. Hence, loss of

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HC-KAR

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future income due to disability is hereby reassessed and

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quantified as Rs.1,44,000/- (Rs.8,000 x 10% x 12 x 15).

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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.	20,000/-
2.	Towards loss of amenities.	15,000/-
3.	Towards medical expenses.	76,508/-
4.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	10,000/-
5.	Towards loss of income during laid up period.	16,000/-
6.	Towards loss of future earning capacity.	1,44,000/-
	Total:	2,81,508/-

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Therefore, the claimant is entitled for total compensation of Rs.2,81,508/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,35,458/- awarded by the Tribunal.

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NC: 2025:KHC-D:8368 MFA No. 100743 of 2020

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HC-KAR

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The appellant is directed to deposit the

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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 19.09.2019 passed in MVC No.407/2016 on the file of Principal Senior Civil Judge and Additional MACT, Athani, stands modified.

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iii) The claimant is entitled for total compensation of Rs.2,81,508/- along with interest at the rate of 6% p.a., from the date of petition till its realization as against Rs.3,35,458/- awarded by the Tribunal.

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iv) The appellant shall deposit the compensation amount within a period of eight

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