Smt. Basavva W/O Devendrappa Tegur, Vs Shri. Basappa

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NC: 2025:KHC-D:261 MFA No. 101161 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101161 OF 2023 (MV-I)

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BETWEEN:

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SMT. BASAVVA W/O. DEVENDRAPPA TEGUR, AGE. 62 YEARS, OCC. COOLIE (NOW NILL), R/O. UDAKERI, TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102.

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…APPELLANT

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(BY SRI HANAMANT R.LATUR, ADVOCATE)

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AND:

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SHRI BASAPPA S/O. GOUDAPPA BILLASHIVANNAVAR, AGE. 57 YEARS, OCC. CLASS-I CONTRACTOR, R/O. UDAKERI, TQ. BAILHONGAL, DIST. BELAGAVI.

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

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THE MANGER LEGAL, ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., SERVICE OFFICE NO.6, 1^ST FLOOR, MUJAWAR ARCADE, NEHRU NAGAR, BELAGAVI, AT BELAGAVI, TQ. AND DIST. BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI M.Y. KATAGI, ADVOCATE FOR R2;

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NOTICE TO R1 IS DISPENSED WITH V/O DATE 10.06.2024)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT DATED 01.07.2022 PASSED IN MVC NO.1033/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL 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:261 MFA No. 101161 of 2023

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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 01.07.2022 passed in MVC No.1033/2021 on the file of Senior Civil Judge and Addl. MACT, Bailhongal (for short, ‘Tribunal’).

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Brief facts of the case are that on 04.03.2021

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at about 4.30 p.m., when the claimant/appellant was proceeding as a pedestrian towards her house at Udakeri village. At that time, the driver of Maruti Ertiga Car bearing No.KA-24/M-4433 came from behind in rash and negligent manner and dashed to appellant and caused the accident. Due to the said accident, the appellant/claimant

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NC: 2025:KHC-D:261 MFA No. 101161 of 2023

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sustained 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 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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“Mal-union fracture of lower 1/3^rd of right tibia, fracture of ribs 3 to 7 of left side and hemorrhagic contusions with subarachnoid bleed in left posterior temporal and parietal region with subdural bleed in left parieto occipital region with scalp hemotoma.”

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The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.6,25,236/- along with interest at the

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rate of 9% per annum from the date of petition till the

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date of realization, under the following heads:

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SL.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Towardspain and suffering	50,000/-
2.	Towards Medical expenses	3,19,236/-
3.	Towards future medical expenses	50,000/-
4.	Towards diet,food and nourishment	18,000/-
5.	Towards loss of future earnings	1,68,000/-
6.	Towards loss of amenities	20,000/-
	Total Compensation	6,25,236/-

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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

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compensation of Rs.35,000/- is to be awarded towards loss of amenities and Rs.42,750/- towards loss of income during laid up period for a period of three months, is awarded.

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The accident occurred on 04.03.2021, therefore, notional income would be Rs.14,250/- per month as per the chart prepared by the Karnataka State

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Legal Services Authority. The claimant was aged 61 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘7’. Considering the injuries suffered by the claimant, the disability taken by the tribunal at 20% to the whole body is found to be correct. Hence, loss of future income due to disability is hereby reassessed and quantified as under:

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Rs.14,250 x 12 x 7 x 20% = Rs.2,39,400/-.

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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	3,19,236/-
3.	Towards future medical expenses	50,000/-
4.	Towards diet,food and nourishment	18,000/-
5.	Towards loss of future earnings	2,39,400/-
6.	Towards loss of income during laid- up period (14,250 x 3)	42,750/-
7.	Towards loss of amenities	35,000/-
	Total Compensation	7,54,386/-

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Therefore, the claimant is entitled for total

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compensation of Rs.7,54,386/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.6,25,236/- 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 01.07.2022, passed by the Senior Civil Judge and Addl. M.A.C.T, Bailhongal, in MVC No.1033/2021 stands modified.

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iii) The claimant is entitled for total compensation of Rs.7,54,386/- along with interest at the rate of 6% p.a. from the date of petition till its realization.

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