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2025 Supreme(Online)(Kar) 10229
KARNATAKA HIGH COURT
Hanchate Sanjeevkumar, J
Claimant – Appellant
Versus
Insurance Company – Respondent
MVC No.606/2019
For the Appellants/Petitioners: Not mentioned
For the Respondents: Not mentioned
Important Points
Subject
Civil Law - Motor Vehicle Accident
Act Referred
Headnote
(B) Assessment of damages - The court emphasized the need for a proper assessment of future earning capacity and permanent disability, citing the necessity to consider the claimant's age and potential income loss. (Paras 14, 15)
Facts of the case:
The claimant sustained grievous injuries, including a near-complete amputation of the left hand, due to a tractor accident while assisting with electrical work. The Tribunal initially awarded compensation which the claimant challenged as insufficient.
Findings of Court:
The court found the Tribunal's compensation inadequate, particularly regarding future income loss and permanent disability, leading to a revised total compensation of Rs.28,55,989/-.
Issues: The main issues included the adequacy of compensation for injuries and the proper assessment of future earnings considering the claimant's disability.
Ratio Decidendi: The court ruled that the compensation must reflect the severity of injuries and potential future earnings, correcting the Tribunal's errors in assessing disability percentages and income loss.
Result: The appeal is allowed-in-part, and the compensation is enhanced to Rs.28,55,989/-.
| Table of Content |
|---|
| 1. claimant sustained severe injuries in a tractor accident. (Para 2 , 5 , 6) |
| 2. tribunal's awarded compensation deemed inadequate. (Para 8) |
| 3. court corrected disability assessment and future earning potential. (Para 9 , 12 , 13 , 14 , 15) |
| 4. final compensation adjusted to reflect true damages. (Para 10 , 17) |
| 5. court ordered enhanced compensation with interest. (Para 18) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Though the appeal listed for admission, but with the consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal.
2. The appeal is filed by the claimant/appellant challenging the judgment and award dated 15.07.2022 passed in MVC No.606/2019 on the file of I Additional Senior Civil Judge Member of MACT-III, Bagalkot (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation.
3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal.
4. Heard the arguments from both learned counsels appearing for the parties and perused the material placed on records. Brief facts of the case:
5. It is the case of the claimant/appellant that on 03.03.2018 at about 03.00 pm, the claimant along with his friend was standing by the side of the road near Laxmi Temple at Shirur village in support of holding the electrical pole, at that time, the driver of the tractor bearing Reg.No.KA-29/TB-4122 drove the same in a rash and negligent manner and dashed to the electrical pole and left hand of the petitioner. Due to the said accident, the claimant had sustained grievous injuries to the left hand in the said accident.
6. From the medical evidence on record, it is proved that the claimant has suffered following injuries:
“Type III crush injury left hand nearly complete amputation.”
7. The claimant has filed claim petition before the Tribunal and the Tribunal has awarded compensation under various head as follows:
8. Learned counsel for the respondent/insurance company submitted that incase of injuries, income may be added towards loss of future prospectus in life.
9. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
10. Considering the injuries sustained, compensation awarded under the heads of injuries, pain and suffering, and towards loss of amenities awarded by the Tribunal is just and proper. Hence, the same is kept intact. The compensation awarded towards medical expenses of Rs.3,52,069/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.50,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., awarded by the Tribunal is found to be just and proper. Therefore, the same is kept intact. Further, compensation of Rs.47,000/- towards loss of income during laid up period for a period of 4 months, is awarded.
11. Further, the claimant has suffered a Type III crush injury to the left hand, nearly complete amputation and he had incurred expenses towards purchase of an artificial hand. Therefore, he required significant medical expenses to recover. Consequently, compensation of Rs.75,000/- is awarded towards future medical expenses.
12. In the present case, this Court has to consider the case on all its preponderance of probabilities while appreciating the evidence on record. The Tribunal has committed an error in not considering the case properly and appreciating the evidence on record. Therefore, the claimant is entitled to compensation under the head of loss of future earnings due to disability.
13. The accident occurred on 03.03.2018. PW-2/Doctor has given evidence and he has stated that the claimant has suffered disability to the left upper limb at 90%, but the Tribunal has committed an error in considering only 35% towards permanent physical disability. Therefore, consideri
