Raghavendra Devadiga Vs Manjunatha

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1 - NC: 2025:KHC:623-DB MFA No. 4182/2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND

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THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4182/2015 (MV-I)

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BETWEEN:

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RAGHAVENDRA DEVADIGA S/O NARAYANA DEVADIGA, AGED ABOUT 34 YEARS, R/O CHIKKENSAL ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT

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…APPELLANT

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(BY SRI. NAGARAJA HEGDE., ADVOCATE)

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AND:

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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MANJUNATHA AGED ABOUT 53 YEARS, S/O JATTAPPA NAIK, R/O TALAGOD HADIN, BHATKAL, U.K. DISTRICT

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UNITED INDIA INSURANCE CO LTD., N.H.17 KANCHAN TOWERS, VODERHOBLI KUNDAPURA, REP BY ITS BRANCH MANAGER

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GANAPATHI @ SANTHOSH AGED ABOUT 29 YEARS, S/O SURESH NAIK, R/AT TALAMAKKI MANKY, HONNAVARA, UTTARA KANNADA DISTRICT

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2 -

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NC: 2025:KHC:623-DB MFA No. 4182/2015

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SRIRAM GENERAL INSURANCE CO LTD E-8, EPIP RICO, INDUSTRIAL AREA, SEETHAPURA JAIPURA, RAJASTHAN-303022

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…RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE FOR R2 NOTICE TO R1, R3 & R4 IS DISPENSED WITH V/O DTD 30.11.2018)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2015 PASSED IN MVC NO.603/2013 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, UDUPI (SITTING AT KUNDAPURA) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

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

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CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE C.M. POONACHA)

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The present appeal is filed by the claimant seeking for enhancement of the quantum of compensation challenging the judgment and award dated 24.03.2015 passed in MVC.No.603/2013 by the Addl. District and Sessions Judge and MACT, Udupi (sitting at Kundapura) Kundapura¹ .

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The parties will be referred to as per their ranks

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before the Tribunal for the sake of convenience.

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1 Hereinafter referred as to ‘Tribunal”

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3 -

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NC: 2025:KHC:623-DB MFA No. 4182/2015

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The appellant / claimant filed a claim petition claiming compensation for the injuries sustained in the road traffic accident dated 13.09.2012. It is the case of the claimant that when he was traveling in a Maxi cab near Bhatkal on the date of accident, the said vehicle hit against a Lorry which was coming from the opposite side, causing the accident in question, wherein he suffered grievous injuries. The owner and insurer of the Maxi cab were arrayed as respondent Nos.1 and 2 and the owner and insurer of the Lorry were arrayed as respondent Nos.3 and 4 before the Tribunal. The claim proceedings were contested by respondent Nos.3 and 4 by filing statement of objections. The Tribunal by it’s judgment and award dated 13.09.2012, awarded total compensation of `1,62,000/- together with interest at 8% p.a. and held that respondent Nos.1 and 2 are jointly and severally liable to pay compensation awarded and directed respondent No.2 / insurer of the Maxi cab to pay compensation. The claimant has filed the above appeal seeking for enhancement of the compensation awarded by the Tribunal.

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4 -

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NC: 2025:KHC:623-DB MFA No. 4182/2015

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The findings of the Tribunal regarding negligence and liability have not been challenged and have attained finality. Hence, only the aspect regarding to the quantum of compensation has to be adjudicated in the present appeal.

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It is forthcoming that claimant was aged about 33 years as per the inpatient record (Ex.P.9). The claimant was working as a Peon and the Tribunal has assessed the monthly income of the claimant at 8,000/- p.m. However, having regard to the fact that no documents have been produced to prove his income and keeping in mind the date of accident and other relevant factors during the said period, the income of the claimant is re-assessed at 7,000/- per month.

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It is forthcoming from the Medico Legal Certificate (Ex.P.3), the disability certificate (Ex.P.8) and the testimony of the Doctor (PW.2), that the claimant sustained fracture of shaft of right femur, fracture of right side of zygomatic arch, fracture of right side of orbit bone and other simple injuries. The Doctor has deposed that the claimant has a disability of 20% to the right lower limb. The claimant was treated as an inpatient for a total period of 14 days.

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5 - NC: 2025:KHC:623-DB MFA No. 4182/2015

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Having regard to the oral and documentary evidence on record and keeping in mind the avocation of the claimant, it is just and proper that the functional disability of the claimant be re-assessed as 7% to the whole body.

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Having regard to the aforementioned the

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compensation is re-assessed as follows:

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8.1. The loss of future earning capacity is re-assessed as (7,000 X 7% =490/- X 12 X 16) 94,080/- as against 40,000/assessed by the Tribunal.

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8.2. Keeping in mind the nature of the injuries, the compensation awarded towards pain and suffering is reassessed at 65,000/- as against 40,000/- awarded by the Tribunal.

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8.3. Having regard to the period of treatment, the compensation awarded towards food nourishment and attendant charges is re-assessed as 15,000/- as against 10,000/- awarded by the Tribunal.

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8.4. The Tribunal has awarded a sum of `57,000/towards medical expenses which is just and proper.

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NC: 2025:KHC:623-DB MFA No. 4182/2015

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8.5. The laid up period is taken as three months and

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hence, the compensation towards the same is awarded in a sum of (7,000 X 3) 21,000/-.

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8.6. Having regard to the nature of injuries sustained and

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resultant disability it is just and proper that a sum of `30,000/-

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is awarded towards loss of amenities.

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In view of the aforementioned, the compensation is

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re-assessed as follows:

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Sl.No.	Heads	Amount awarded by the Tribunal (`)	Amount awarded by this Court (`)
1.	Pain and suffering	40000.00	65000.00
2.	Loss of income during treatment period	15000.00	21000.00
3.	Attendant charges, food, nourishment and conveyance charges	10000.00	15000.00
4.	Medical expenses	57000.00	57000.00
5.	Loss of future income	40000.00	94080.00
6.	Loss of amenities	00	30000.00
	Total	162000.00	282080.00

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Hence, the compensation awarded by the Tribunal

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is enhanced by (2,82,080 – 1,62,000) `1,20,080/-.

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NC: 2025:KHC:623-DB MFA No. 4182/2015

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11. Hence, the following:

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ORDER

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i. The appeal is partly allowed;

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ii. Appellant / Claimant is entitled to enhanced compensation of `1,20,080/- with interest thereon at 6% p.a. from the dated of petition till its realization;

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iii. Respondent No.2 / Insurer shall deposit the enhanced compensation before the Tribunal within four weeks from the date of receipt of copy of this order;

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iv. On such deposit, the Tribunal shall digitally release the said amount to the claimant on furnishing required documents;

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v. Registry shall transmit the records to the Tribunal forthwith.

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SD/(K.S.MUDAGAL) JUDGE

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SD/(C.M. POONACHA) JUDGE

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PNV/BSList No.: 1 Sl No.: 40

Raghavendra Devadiga v. Manjunatha

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Raghavendra Devadiga v. Manjunatha

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