The High Court
Case Details
- 1 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3941 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2792 OF 2017 (MV-I) C/W IN MFA No. 3941/2017 BETWEEN: D SHASHIKUMAR S/O DODDAIAH AGED ABOUT 23 YEARS R/O MANJUNATHA NILAYA NEAR THIPPENAGATTAMMA TEMPLE 5TH CROSS, JOGGIMATTI ROAD, CHITRADURGA-577501 (BY SRI. B PRAMOD, ADVOCATE) AND: 1. MOHAMMED NASARULLA S/O MOHAMMED ISMAIL MAJOR, R/O 952, NATIONAL SHAMIYANA CHALLAKERE ROAD, JAGALUR TOWN-577 528 DAVANAGERE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA …APPELLANT 2. THE BRANCH MANAGER THE NEW INDIAN ASSURANCE CO LTD., BRANCH OFFICE, NEAR P.B.ROAD, CHITRADURGA-577 501
Legal Reasoning
(BY SRI. C R RAVISHANKAR, ADVOCATE FOR SRI. K SURYANARAYANA RAO, ADVOCATE FOR R2 …RESPONDENTS - 2 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO.1253/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, IV MACT AT CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. IN MFA NO. 2792/2017 BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHITRADURGA TOWN, THROUGH MOTOR THIRD PARTY CLAIMS, HUB, M.G. ROAD, BANGALORE-560 001, BY DULY CONSTITUTED ATORNEY. (BY SRI. C R RAVISHANKAR, ADVOCATE FOR SRI. K SURYANARAYANA RAO, ADVOCATE FOR) ...APPELLANT AND: 1. D. SHASHIKUMAR S/O. DODDAIAH, AGED ABOUT 25 YEARS, R/AT MANJUNATHA NILAYA, NEAR THIPPENAGATTAMMA TEMPLE, 5TH CROSS, JOGGIMATTI ROAD, CHITRADURGA-577 501. 2. MOHAMMED NASARULLA S/O. MOHAMMED ISMAIL, MAJOR, R/OF #952, NATIONAL SHAMIYANA CHALLAKERE ROAD, JAGALUR TOWN, DAVANAGERE-577 528. (BY SRI. B PRAMOD, ADVOCATE FOR R1 R2 IS SERVED AND UNREPRESENTED) ...RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE - 3 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO.1253/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL IV MACT, CHITRADURGA, AWARDING COMPENSATION OF RS.10,41,600/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC. JUDGE, & THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeals are filed calling in question the judgment and award dated 17.01.2017 passed in MVC No.1253/2015 by the I Additional Senior Civil Judge and IV MACT, Chitradurga1. Hence, both the appeals are taken up together for consideration. 2. The Tribunal vide judgment and award dated 17.01.2017 has awarded a total compensation of `10,41,600/- together with interest at 8% p.a., from the date of petition till the date of payment. Being aggrieved, the claimant has preferred MFA No.3941/2017 seeking for enhancement of compensation and the insurer has preferred MFA No.2792/2017 seeking for reduction of the quantum of compensation. 1 Hereinafter referred to as ‘Tribunal’ - 4 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR 3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the quantum of the compensation awarded. 4. Heard the submissions of learned counsel Sri B.Pramod for the claimant and learned counsel Sri C.R.Ravishankar for learned counsel Sri K.Suryanarayana Rao, for the insurer. 5. It is forthcoming that the claimant is aged 20 years. Hence, the appropriate multiplier to be applied is 18 as has been rightly applied by the Tribunal. 6. The claimant was stated to be a cleaner and agriculturist. The Tribunal has assessed the notional income at `8,000/- p.m. No documents have been produced to demonstrate the income. Hence, keeping in mind the date of the accident, the income is re-assessed as `8,500/- p.m. 7. It is forthcoming from the wound certificate (Ex.P3) and the disability certificate (Ex.P16) that the claimant has sustained compound fracture of the right proximal tibia as also the head of fibula as well as crush injury to the right foot. The - 5 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR claimant has sustained fracture of the 2nd, 3rd, 4th and 5th metatarsal of the right foot. The 2nd, 3rd and 4th toes of the right foot have been amputated. The claimant was treated as an inpatient for a total period of 40 days. The doctor (PW.3) has assessed the disability of the claimant at 52% to the right lower limb and the Tribunal upon appreciation of the material on record has re-assessed the disability as 20%, which is just and proper. 8. In view of the aforementioned, the compensation is re-assessed as follows: 8.1 Having regard to the nature of injuries sustained, it is just and proper that the compensation towards pain and suffering be re-assessed as `60,000/- as against `2,00,000/- awarded by the Tribunal; 8.2 The actual medical bills, which are produced as Ex.P20 series totally amount to a sum of `1,37,165/-. Hence, it is just and proper that a total compensation of `1,40,000/- be awarded towards medical expenses; 8.3 Having regard to the fact that the claimant has taken treatment as an inpatient for a total period of 40 days at - 6 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR Chitradurga, it is just and proper to award a compensation of `40,000/- towards food, nourishment and attendant charges; 8.4 The Tribunal has not awarded any compensation towards loss of amenities. 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 awarded in a sum of `50,000/-; 8.5 The period of treatment is taken as 4 months and accordingly, loss of income during laid up period is re-assessed as (`8,500/-x4) `34,000/-; 8.6 The compensation towards disability/loss of earning capacity is re-assessed as (`8,500/-x12x18x20%) `3,67,200/- as against `3,45,600/- awarded by the Tribunal; 8.7 The compensation towards loss of marriage prospects is re-assessed as `50,000/- as against `2,00,000/- awarded by the Tribunal; 8.8 The compensation towards loss of estate at `96,000/- awarded by the Tribunal is set aside, as also the compensation towards medical and incidental expenses awarded at `2,00,000/- as the same has already been awarded. - 7 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR 9. It is noticed that the Tribunal has awarded interest at 8% p.a. 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. 10. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. Heads Towards pain and suffering Towards medical & incidental expenses/medical expenses Loss of marriage prospects Loss of amenities Loss of income during laid up period Loss of estate Food, attendant charges Permanent disability Total nourishment and Amount awarded the (`) by Tribunal Amount awarded by this Court (`) 200000.00 200000.00 60000.00 140000.00 200000.00 0.00 0.00 50000.00 50000.00 34000.00 96000.00 0.00 0.00 40000.00 345600.00 1041600.00 367200.00 741200.00 11. Hence, the claimant is entitled for a total compensation of `7,41,200/-. 12.
Decision
In the result, the following: ORDER i) The above appeals are allowed in part; - 8 - NC: 2025:KHC:23985 MFA No. 3941 of 2017 C/W MFA No. 2792 of 2017 HC-KAR ii) The judgment and award dated 17.01.2017 passed in MVC No.1253/2015 by the I Additional Senior Civil Judge and IV MACT, Chitradurga, is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered. iii) The claimant is entitled for a total compensation of Rs.7,41,200/- with interest at the rate of 7% p.a. from the date of petition till its realisation; iv) The amount deposited by the appellant/insurer in MFA No.2792/2017 along with the records be transmitted to the Tribunal; v) After deducting the amount deposited by the insurer, if the insurer is required to deposit any further amount towards the compensation awarded, together with accrued interest, the same shall be deposited within six weeks. In the event of any excess amount deposited by the insurer, the same shall be refunded to the insurer; vi) The Registry to draw the modified award accordingly; No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 88