High Court Karnataka High Court

Annasaheb vs Meerasaheb on 15 September, 2008

Karnataka High Court
Annasaheb vs Meerasaheb on 15 September, 2008
Author: V.G Sabhahit S.N.Satyanarayana
IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 15" DAY 0? SEPTEMBER 2QG§ SfSW

?RESENT

THE HON'BLE MR.JUsTIcE.v;G.SASfiA3iTIS'"-f.'

AND

THE HON'BLE MR.JUSTICSfS,N.SATyANARAiA§A.H*

MISCELLANEOUS FIRST AP§EAL'NQ.§3?2f200$
BETWEEN: " A '

1 ANNASAHEBA, ,wSSx
S/O SHANKAR=CHOUGAL§s

43HxRS}_Gcc,AGR:cULTuRALV5

Rio cH1KoD1;;S5LSAUM _ M
Q _-- S*g»_'» >,"»_--_ . APPELLANT

{By Sri SACHIN S MASADSM, ADV}

AND :

1;'MS§RASAHEé"sjQ,MonINsAS KAROLI
4 ' MAJOR ace BUSINESS
'_'*_R/Q"ATfiANI. BELGAUM

*2'»THE'MANAGER
. UNITED INDIA INSURANCE co LTD
'BRANCH NIPANI, ASHOK NAGAR
, NIPANI, CHOKODI
*:..POEICY NO HBLRO MOT NO 036485

L°._ "VALID FROM 15~12~2 TO 14--12--3

", ... RESPONDENTS

(By Sri R ABDUL RAYAZ KHAN, ADV FOR R1
T SRI.A.G.JADHAV, P.B.RAJU, ADV8 FOR R2 )

2

THIS MFA IS FILED U/S 173(1) 0}?’ MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 3.4/O3/2005
PASSED IN MVC NO.3.85/2004 ON THE FILE OF’ CIVIL
JUDGE {SR.DN) & ADDL. MACT, CHIKODI, PAIR-‘.1fI..S’£_

ALLOWING THE CLAIM PETITION F OR COM9ENS}§TI>ON

SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING on EOE HEARING EH13 DAY, ”
saxxaunnnxann J., DELIVERED THE EoLLewIwe:.E ‘.j,’

°””””3*
This appeal is £ii§d. §fia;1en§:E§OhWtne
judgment and award .gated”‘ié §}2Qo5 ‘passed in
MVC.No.185/2004 on Efie file bf Ehg Qivil Judge

(Sr.Dn} & Adqitienaljfiécig ¢hikgq:;_*

2. O’I3hOe- fai”::g’;O with one Dhareppa, who was a

3’~~.._”pillioh__i’ider. When they were near Kerur, in

of a Garage, a truck bearing No.KA~–17/A-

being driven in a rash and negligent manner

“I

came behind the motor cycle and dashed against

the same. Due to the said accident, the piliion

rider Dhareppa fell down and died at the s§c£,*e

The claimant, who was riding the motor*eyciehat=w

the relevant point of time, sfistained_gfievousi

injuries on his shoulder &esu1tine~ in ztheit

fracture cf scapula and, aiso “snffetegf other
injuries in the said accixd_en:t.,_ “V.._Vfi’he.fea!fteJ:; the
claimant preferred *st.CieiE[uPéti£iQn seeking
compensation inae sum of*Rs,fi5é6;§hi/h from the

owner, driye; }and_ insurer» of “the offending

vehicle, ., _b s

3. *TheA said aclaimv”was contested by the

respondentsd [by * filing written statement.

h*The£eafterp the Tribunal framed issues and then

€recorded_efiidence of the claimant, who examined

himself as Qfi.1 and also got PW.2 examined to

hsubstantiate his milk vending business and

igefiaminedi Doctor S.B.patil as PW.3 to

“”7

substantiate the injuries that he has suffered

in the accident and marked documents Exs.P1 fa.

P181. Per contra, the respondents did not leadj ,

any evidence but, the third respondent filed thel

insurance policy and got marhed” the as§m¢__as’ W

Ex.D1.

4. Based on the pleadings and evidence en
record, the Tribunalspartiail§ allowed the claim
of the appellant herein and éggguéa Compensation

in a sum of Rs;39,636;;fgL¢ng with interest at

‘6% pa-. payable firom the date of petition till

date of realisation;, »_”

,.§rV’~Beino=e:aggrieved by the same, the

l* appellant ,herein has preferred this appeal

seeking” enhancement of the esompensation on the

id _ground that the Tribunal has not considered the

dl”seyidenced’of PW.3, the Doctor, regarding the

“fdiSahility that he has suffered due to the

ad”. accident, which resulted in loss of income to

‘”W

him, that the Tribunal has failed to award

compensation for the pain and suffering that he i,

has suffered and loss of amenities and”loaS~of”

income during laidwup period tdandei also °

challenging the deduction; made hy the ¢::bufié1i”

while computing the compenaation under the head

loss of future income, c. -on x_ =A~

6. In this appeal; the respondents are duly

served, they entered_anpearnce’and contested the

appeal on meritei’ Heard the learned Counsel for

the paffiiesilh

7. Vbni verification of the judgment and

w_ award, passed “by _the Tribunal and also looking

VH_into_the oral and documentary evidence recorded

hy the Tribunal in support of the claim of the

appellant herein, it is seen that the Tribunal

.u*_Qhile Vcalculating the loss of future income

l.ithough has taken Rs.150/- as income of the

kg.

7

claimant per day, it deducted 1/3″ of the income

as his personal expenses, which is improper.

Hence, the compensation of Rs.31,200/~ awarded,

to the claimant is required to be reassessed and%_”

the same should be enhanced to Rswifiyfifid/ed

Though the Tribunal has awarded ¢ampéasarion:f§£,i’

medical expenses at Rs,55,930fj ‘and isttendantl

and diet expenses at Rs.2}5§O/-, which is just
and proper, it has not tahen into account the

loss of income that the dciaimanrdxhas suffered

during” the._periEx$ when he ~was under treatment

and therefore; ftherWclaimant is entitled to

compensation on th*t”$§nnt at Rs.6,000/*.

nih.;JIt, is xseen” that the Tribunal has also

tanot awarded any amount towards the injury that

he.has suffered and also the pain and suffering

‘Vhe has undergone and no amount of compensation

ris’awarded towards loss of amenities. Hence, a

.1}sunr of” Rs.15,000/- is awarded towards loss of

M1

amenities and another sum of RS.15,000/~ towaros_

injuries and pain and suffering. Taking fall; *

these additional compensation awarded ,inj tot”

account, the claimant, appellant ‘he:ein;[‘wonlo_i}

be entitled to compensation atuEe,1,41;230!; ngn

against Rs.89,630/- awardeda§y.the’TtibnnalgM”

7. In the result; tne,Enpn§i=ls allowed in
part awarding_la,_sgm”flot; §sL1,§:;iéb/– to the
appellant hetein:¢long with inteteat at 6% pa.,
from the “§ateg;_otl’Efietition till date of
realisation;fil7tfinrthet;_’SO% of the enhanced
compensation» is ‘ninéceéé to be deposited in

Fixed “Depoait, in n nationalised bank for a

lelfieriofl of thtee yeats.

fi *Nd?

Sd/-

Judge

sajw
Itzége