Shidlingappa Vs Ashok and Anr.

ASHOK S/O RAJESH RATHOD, AGE: 47 YEARS, OCC: OWNER OF VEHICLE BEARING NO. KA-28/B-4441, R/O BHUTNAL TANDA, TQ. AND DIST. VIJAYAPURA-586 101, (OWNER OF TRACTOR-TRALIER NO.KA-28/T-5314-15).

¶15

THE OFFICER, IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., SUDEV PLAZA, III FLOOR, BAJIBAN PETH, OPP. LAXMI TEMPLE, HUBLI-580 029.

¶16

…RESPONDENTS

¶17

(BY SRI. SUDARSHAN M., ADV. FOR R2; V/O DTD. 22.09.2023, NOTICE TO R1 IS DISPENSED WITH)

¶18

2 - NC: 2025:KHC-K:2166 MFA No. 202888 of 2023

¶19

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE COURT OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MAMBER, MACT-IV, VIJAYAPUR AT VIJAYAPURA IN MVC NO. 1256/2016 DATED 18.02.2022 SEEKING FOR ENHANCEMENT AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT.

¶20

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

¶21

CORAM: HON'BLE MR. JUSTICE C M JOSHI

¶22

ORAL JUDGMENT

¶23

(PER: HON'BLE MR. JUSTICE C M JOSHI)

¶24

Heard learned counsel for the appellant and the learned counsel for respondent-Insurance Company.

¶25

Though the matter is slated for admission, with

¶26

the consent of both the counsel, the appeal is taken up for final disposal.

¶27

3 - NC: 2025:KHC-K:2166 MFA No. 202888 of 2023

¶28

Being aggrieved by the judgment and award date 18.02.2022 in MVC No.1256/2016 by the III-Addl. Dist. & Sessions Judge & Member, MACT-IX, Vijayapura (for short, ‘the Tribunal’), the petitioner is before this Court seeking enhancement of the compensation.

¶29

The fact that on 06.11.2015 at about 11:30 a.m. the petitioner while riding his motorcycle bearing No.KA-28/EG-5393 met with an accident due to collision with the truck bearing No.KA-28/B-4441 resulting in injuries to him is not in dispute.

¶30

It is the case of the petitioner that he suffered fracture of dorsum of the right hand, fracture of the head, right foot dorsum and other minor injuries. A case came to be registered in Crime No.359/2015 by Traffic Police Station, Vijayapura and ultimately charge-sheet was filed against the driver of the lorry. The petitioner claims that he was aged 43 years and working as centering labour earning Rs.500/- per day. He was inpatient for the 10 days.

¶31

4 - NC: 2025:KHC-K:2166 MFA No. 202888 of 2023

¶32

The insurance coverage by the respondent

¶33

No.2-Insurance Company in respect of the said truck and its liability to indemnify the owner is also not in dispute. Therefore, the only question that arise for consideration is about the quantum of the compensation awarded.

¶34

The nature of injuries suffered by the petitioner as narrated above has resulted in an opinion by PW.2 that there is disability of 37%. The Tribunal takes the functional disability at 10%. Considering the fact that the petitioner was a centering labour and he had suffered fracture to the dorsum of the right and right foot, there is some functional disability. It cannot be ignored that the injury is to the dominant hand. Therefore, the assessment of the functional disability by the Tribunal at 10% even though the physical disability assessed by PW.2 is 37% appears to be on the lower side. In the considered view of this Court, the disability would be 13%. Hence, loss of future income on account of disability is calculated as Rs.8,000/- x 12 x 14 x 13% = Rs.1,74,720/-.

¶35

5 - NC: 2025:KHC-K:2166 MFA No. 202888 of 2023

¶36

Consequently, taking the laid up period to be 3

¶37

months, a sum of Rs.24,000/- (8000 x 3) has to be awarded to the petitioner.

¶38

The Tribunal has awarded a sum of Rs.40,000/-

¶39

towards pain and suffering and the same needs to be enhanced to Rs.45,000/-.

¶40

The Tribunal has awarded a sum of Rs.35,000/towards loss of amenities and the same is enhanced to Rs.40,000/-.

¶41

The petitioner was inpatient for 10 days and therefore the compensation towards attendant charges, nourishment, diet, conveyance, etc., is enhanced to Rs.10,000/-.

¶42

The compensation under the head of medical expenses do not require any enhancement.

¶43

Thus, the petitioner is entitled for a sum of Rs.3,84,639/- under following heads:

¶44

6 - NC: 2025:KHC-K:2166 MFA No. 202888 of 2023

¶45

Sl.No.	Heads	Amount
1.	Pain and suffering.	Rs.45,000/-
2.	Loss of amenities.	Rs.40,000/-
3.	Towards attendant charges, nourishment and diet.	Rs.10,000/-
4.	Medical expenses.	Rs.90,919/-
5.	Loss of future income	Rs.1,74,720/-
6.	Loss of income during laid up period	Rs.24,000/-
	Total	Rs.3,84,639/-
Less:	the amount awarded by the Tribunal	Rs.3,05,319/-
	Enhancement	Rs.79,320/-

¶46

In the result, the appeal deserves to be

¶47

allowed. Hence, the following:

¶48

ORDER

¶49

(i) The appeal is allowed in part.

¶50

(ii) The appellant/petitioner is entitled for a

¶51

sum of Rs.79,320/- in addition to the compensation awarded by the Tribunal, along with interest at 6% p.a. from the date of petition till its deposit.

¶52