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2025 Supreme(Online)(Kar) 10379
KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
NAGARATHNAMMA @ JYOTHI W/O ARUNKUMAR – Appellant
Versus
H K NANJAGOWDA S/O KAREGOWDA – Respondent
MVC No.709/2010
For the Appellants/Petitioners:
For the Respondents:
The court modified the compensation awarded to reflect the severity of injuries and future income loss, emphasizing the need for just compensation.
Headnote:(A) Motor Vehicles Act - Compensation - Enhancement sought by claimant for injuries sustained in an accident - Tribunal awarded Rs.1,98,270/- which was deemed insufficient - Enhanced compensation awarded to Rs.4,15,320/- considering the nature of injuries and loss of income due to disability. (Paras 6, 11, 12)
(B) Compensation Assessment - Tribunal's award deemed inadequate; court reassessed compensation based on medical evidence and functional disability. (Paras 7, 10)
Facts of the case:
The claimant sustained grievous injuries including fractures and lacerations due to an accident in 2009, leading to a claim for enhanced compensation.
Findings of Court:
The court deemed the original compensation insufficient and reassessed it based on injuries and future loss of income.
Issues: The main issue was the adequacy of the compensation awarded for the claimant's injuries and future loss of income due to disability.
Ratio Decidendi: The court found that the compensation must reflect the severity of injuries and future implications on the claimant's income, leading to a substantial increase in the awarded amount.
Result: Appeal allowed in part, compensation enhanced to Rs.4,15,320/- with interest.
| Table of Content |
|---|
| 1. the appeal challenges the adequacy of compensation awarded by the tribunal. (Para 1 , 2) |
| 2. the claimant suffered significant injuries, including fractures. (Para 3 , 4) |
| 3. compensation was reassessed based on the nature of injuries and future income loss. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. the court ruled to enhance the total compensation awarded. (Para 11 , 12) |
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the appellant/claimant challenging the judgment and award dated 08.12.2010, passed by the Member Motor Accident Claims Tribunal-XII, Bellary, in MVC No.709/2010, seeking enhancement of compensation.
2. Heard the arguments and perused the material placed before the Court.
3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.
4. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries.
“i. Suspected fracture right femur.
ii. Lacerated wound over forehead measuring 10 cm. x 3 cm. X-ray confirms fracture shaft of left and right femur, as such opined fractures are grievous and the lacerated wound over forehead as simple in nature.”
5. The Tribunal has awarded compensation under various heads as under:
6. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side.
Therefore, the same is required to be enhanced by modifying the judgment and award.
7. Considering the injuries sustained, a compensation of Rs.60,000/- towards pain and suffering, Rs.80,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges is Rs.52,320/- as per the medical bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, diet and attendant charges, etc., Rs.20,000/-(5,000 x 4) towards loss of income during laid up period for a period of four months and Rs.30,000/- towards future medical expenses, is awarded.
8. The doctor has stated that the claimant had suffered 30% of physical disability to the whole body. Therefore, considering the evidence of doctor, 15% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., “Fracture of left and right femur and lacerated injury over forehead measuring 10 cm x 3 cm.”
9. The accident is caused in the year 2009. Therefore, notional income of Rs.5,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 27 years old at the time of accident. Therefore, appropriate applicable multiplier is 17. Hence, loss of future income due to disability is hereby reassessed as Rs.1,53,000/- (Rs.5,000/-x 15% x 17 x 12).
10. Thus, the claimant is entitled for total compensation under various heads as under:
11. Therefore, the claimant is entitled for total compensation of Rs.4,15,320/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,98,270/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.
12. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated 08.12.2010, passed by the Member Motor Accident Claims Tribunal-XII, Bellary, in MVC No.709/2010, stands modified.
iii) The claimant is entitled for total compensation of Rs.4,15,320/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.1,98,270/- awarded by the Tribunal.
iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.
v) Send a copy of this judgment along with Trial Court records.
vi) No order as to costs.
