The High Court
Case Details
- 1 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9418 OF 2017 (MV-I) …APPELLANT BETWEEN: SRI. SHEKHARAPPA S/O. LATE HANUMANTHAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST, RESIDING AT CHALAVADI KERI, KUMSI VILLAGE AND POST, SHIMOGGA TALUK AND DISTRICT-577 210. (BY SRI. GANAPATHI, ADVOCATE) AND: 1. SHASHIKUMAR @ RAJA S/O. RAMAPPA, AGED ABOUT 33 YEARS, RESIDENT OF 9TH MILESTONE, ARASALU VILLAGE AND POST, HOSANAGARA TALUK, SHIMOGGA DISTRICT-577 430. 2. JAGANNATHA. M FATHER NAME NOT KNOWN TO THE APPELLANTS, MAJOR BY AGE, RESIDENT OF LAKSHMI TRANSPORT, LAKSHMI SADANA COMPLEX, PARK EXTENSION, DURGIGUDI, SHIMOGGA-577 201. 3. THE MANAGING DIRECTOR ORIENTAL INSURANCE CO. LTD., VINAYAKA COMPLEX, GARDEN AREA,
Legal Reasoning
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR SHIMOGGA-577 201.
Legal Reasoning
4. SMT. SUJATHA W/O. SIDDAPPA, AGED ABOUT 33 YEARS, RESIDENT OF MEKKENAHALLI DIBBA, KUMSI HOBLI AND POST, SHIMOGGA TALUK AND DISTRICT-577 208. (BY SRI. H. S. LINGARAJ, ADVOCATE FOR R3 R2 & R4 ARE SERVED AND UNREPRESENTED NOTICE TO R1 IS DISPENSED WITH V/O DTD 09.02.2023) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2017 PASSED IN MVC NO.121/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT-VI, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR ENHANCEMENT OF COMPENSATION AND ETC. COMPENSATION SEEKING AND THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicle Act, 19881 challenging the judgment and award dated 09.03.2017 passed in MVC No.121/2014 by the Prl. Senior Civil Judge & MACT – VI, Shivamogga2 seeking for enhancement of compensation. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR 2. The Tribunal by its judgment and award dated 09.03.2017 partly allowed the claim petition and awarded a total compensation of `3,07,960/- together with interest @ 9% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation. 3. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 4. The findings of the Tribunal on negligence and on liability is not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 5. Heard the submissions of learned counsel Sri Ganapathi, appearing for the appellant/claimant and learned counsel Sri.H.S.Lingaraj, appearing for the respondent No.3/insurer. Perused the records of the Tribunal. 6. It is forthcoming that the Tribunal has assessed the age of the claimant as 55 years and applied the appropriate multiplier of ‘11’ which is just and proper. - 4 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR 7. It was averred that the claimant was an Agriculturist by profession and was earning `15,000/- per month. However, no records have been produced to prove his income. Hence, the Tribunal has assessed the income at `6,000/- per month. However, having regard to the date of the accident, it is just and proper to re-assess the notional income of the claimant as `8,000/-. 8. It is forthcoming from the wound certificate (Ex.P5), discharge summary (Ex.P13) and disability certificate (Ex.P19) that the claimant had suffered head injury including fracture of right temporal bone, fracture of left side of body of mandible, comminuted displaced fracture of left acetabulum with antero superior dislocation of left hip joint and fracture of right ilium along with other simple injuries. The claimant was treated as an inpatient on various dates for a total period of 64 days. The Doctor (PW.2) has assessed the disability of the claimant at 13% to the whole body and the Tribunal, appreciating the same has assessed the disability at 13% , which is just and proper. 9. In view of the aforementioned, the compensation is re- assessed as follows: - 5 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR 9.1 The compensation awarded towards pain and suffering, medical expenses, loss of amenities as well as conveyance, food, nourishment and attendant charges awarded by the Tribunal are just and proper. 9.2 The Tribunal has not awarded any compensation towards loss of income during laid up period. The Tribunal has noticed that the claimant might have taken rest atleast for a minimum period of 6 to 8 months. Hence, having regard to the nature of injuries sustained, the period of treatment, the laid up period is assessed as 8 months. Hence, a compensation of (`8,000/- x 8) `64,000/- is awarded towards loss of income during laid up period. 9.3 The loss of future earning capacity is re-assessed as (`8,000 x 12 x 11 x 13%) `1,37,280/- as against `1,02,960/- assessed by the Tribunal. 10. It is noticed that the Tribunal has awarded interest at 9% per annum. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re- assessed by this Court. - 6 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR 11. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 2 3 4 5 6 Pain and sufferings `1,00,000.00 1,00,000.00 Medical expenses 15,000.00 15,000.00 Attendant, conveyance, food and nourishment charges etc. 60,000.00 60,000.00 Loss of earning capacity 1,02,960.00 1,37,280.00 Loss of amenities 30,000.00 30,000.00 Loss of income during laid up period 00 64,000.00 Total 3,07,960.00 4,06,280.00 12. Accordingly, the claimant is entitled to enhanced compensation of (`4,06,280/- – `3,07,960/-) = `98,320/-. 13. In view of the aforementioned, the following:
Decision
ORDER i) ii) The appeal is allowed in part; the judgment and award dated 09.03.2017 passed in MVC No.121/2014 by the Prl. Senior Civil Judge & MACT – VI, Shivamogga is hereby - 7 - NC: 2025:KHC:22689 MFA No. 9418 of 2017 HC-KAR modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `98,320/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.3 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. BS List No.: 1 Sl No.: 73 SD/- (C.M. POONACHA) JUDGE