The High Court
Case Details
- 1 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9159 OF 2018 (MV-I) …APPELLANT BETWEEN: VEERUPAKSHAPPA M N @ VEERUPAKSHA S/O NAGARAJAPPA AGED ABOUT 40 YEARS OCC:AGRICULTURIST & MILK BUSINESS R/O HONNUR VILLAGE DAVANAGERE TQ & DIST-577002 (BY SRI. DARSHAN R S, ADVOCATE FOR SRI. SREE HARSHA A K, ADVOCATE) AND: 1. IFFCO TOKIO GEN INS CO.LTD REP BY ITS MANAGER M B A V MISHIN, 1ST FLOOR 3RD CROSS, M G ROAD ON UCO BANK, GENERAL KARYAPPA TUMKUR-5721010 REP BY IFFCO TOKIO GEN INS CO LTD., P C A R D BANK,NO.7/432 K. B. EXTENSION, LAWYER ROAD DAVANGERE-577002 2. PARASHURAMAPPPA H HUYAPPANAVAR S/O HANUMANTHAPPA P HUYAPPANAVAR AGED ABOUT 30 YEARS DRIVER OF MINI BUS BEARING REG NO.KA-06/D-4769 R/O THIMMANAKATTE POST RANNEBENNUR TALUK
Legal Reasoning
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR HAVERI DISTRICT 3. CHINNASWAMY S/O LATE SUBBAPPA AGED ABOUT 48 YEARS OWNER OF MINI BUS BEARING REG NO.KA-06/D-4769 R/O T P BASAVARAJ COMPOUND SHANIDEVARA TEMPLE GARDEN ROAD, CHIKKAPETE TUMKUR-572101
Legal Reasoning
(BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R1 NOTICE TO R2 & R3 IS DISPENSED WITH V/O DTD 30.11.2022 ) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2018 PASSED IN MVC NO.582/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. 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 18.06.2018 passed in MVC No.582/2016 by the II Additional Senior Civil Judge & VI 1 Hereinafter referred as to ‘Act’ - 3 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR MACT., Davanagere2 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 18.06.2018 partly allowed the claim petition and awarded a total compensation of `3,13,100/- together with interest @ 8% 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 finding of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, 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 Darshan R.S. for learned counsel Sri Sree Harsha A.K. appearing for the appellant and learned counsel Sri B.C. Shivanne Gowda, learned counsel appearing for the respondent No.1. Perused the records of the Tribunal. 2 Hereinafter referred to as the ‘Tribunal’ - 4 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR 6. It is forthcoming that the claimant was aged 39 years as on the date of the accident. Hence, the Tribunal has applied the multiplier of ‘15’ which is just and proper. 7. It was averred that the claimant was an Agriculturist by profession and was earning `20,000/- per month. However, no records have been produced to prove his income. Hence, the Tribunal has assessed the income as `8,000/- per month. However, having regard to the date of the accident, the notional income of the claimant is re-assessed as `9,500/-. 8. It is evident that from the wound certificate (Ex.P18), discharge summaries (Exs.P19 to P20), disability certificate (Ex.P22) and other medical records that the claimant has sustained fracture of L2 & L3 vertebrae of left cervical and fracture of 2nd to 5th ribs on the left side. The claimant was treated as an inpatient for a total period of 15 days. The Doctor has assessed the disability to the extent of 35% to the limb and 11% to the whole body. Hence, the disability is re- assessed as 12% to the whole body instead of 11%, as assessed by the Tribunal. - 5 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR 9. In view of the aforementioned, the compensation is re- assessed as follows: 9.1 The compensation awarded by the Tribunal towards pain and suffering as well as future medical expenses, are just and proper. 9.2 The Tribunal has awarded compensation of `48,698/- towards medical expenses which is as per the actual bills which is just and proper and rounded off to Rs.49,000/-. 9.3 Having regard to the nature of injuries sustained and the resultant disability, it is just and proper that the compensation towards loss of amenities be re-assessed as `20,000/- instead of `10,000/- as awarded by the Tribunal. 9.4 Having regard to the injuries sustained and the period of treatment as an inpatient, the compensation towards food, nourishment, attendant and conveyance charges is re-assessed as `15,000/- instead of `10,000/- awarded by the Tribunal. 9.5 The period of treatment is taken as 3 months instead of 15 days. Hence, the loss of income during laid up period is re- - 6 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR assessed as (`9,500 x 3) `28,500/- as against `16,000/- awarded by the Tribunal. 9.6 The Loss of future earning capacity is re-assessed as (`9,500 x 12 x 15 x 12%) `2,05,200/- as against `1,58,400/- awarded 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. 11. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head 1 2 3 4 5 6 7 Pain and suffering Loss of amenities Food, Nourishment and attendant & Conveyance charges Medical expenses Loss of income during laid up period for 15 days Loss of future earning capacity Future medical expenses Total Amount Awarded by the Tribunal (`) 50,000.00 10,000.00 10,000.00 Amount awarded by this Court (`) 50,000.00 20,000.00 15,000.00 48,698.00 16,000.00 49,000.00 28,500.00 (laid up period is taken as 3 months) 2,05,200.00 1,58,400.00 20,000.00 3,13,098.00 20,000.00 3,87,700.00 - 7 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR 12. Accordingly, the claimant is entitled to enhanced compensation of (`3,87,700/- – `3,13,098/-) = `74,602/-. 13. In view of the aforementioned, the following:
Decision
ORDER i) ii) The appeal is allowed in part; The judgment and award dated 18.06.2018 passed in MVC No.582/2016 by the II Additional Senior Civil Judge & VI MACT., Davanagere is hereby 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 `74,602/- with interest at the rate of 7% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal; iv) The Respondent Nos.1/ Insurer shall deposit the said enhanced compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment; - 8 - NC: 2025:KHC:22148 MFA No. 9159 of 2018 HC-KAR 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.: 0 Sd/- (C.M. POONACHA) JUDGE