Krishnappa v. Ajjaiah T

JUDGMENT AND AWARD DATED:28.06.2023 PASSED IN MVC NO.728/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, ITINERARY COURT, JAGALURU, IN THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

This appeal by the claimant seeking for enhancement of compensation arising out of judgment and award dated

28.06.2023 in MVC.No.728/2019 passed by I Additional Senior Civil Judge and Additional MACT-V, Davangere.1

¶2The parties are referred to as per their ranking before the Tribunal.

1 'Tribunal' for short

¶3Facts germane to file the present appeal are as under:

3.1 In an accident occurred on 28.09.2019 at about

07.30 a.m., the claimant who was proceeding on his TVS XL Motor Cycle bearing No.KA-06/V-5313 from Bangarakkanagudda towards Chikkamalanahole Village when reached near Bamgarakkamagudda Village, a Maruti car bearing Reg. No. KA-28/3590 came from Jagalur side to proceed towards Khana Hoshalli, dashed against the motorcycle. Due to the impact, he has suffered fracture of clavicle and both shoulders AP and right forearm with wrist and elbow AP. The Doctor has stated that satisfactory union of radius fracture with implant in situ and union of right side ribs and malunion of right lateral end clavicle fracture with reduced acromioclavicular joint and secondary osteoarthritic changes in shoulder joint. The doctor assessed the limb disability at 25% and 1/3rd of the same at 8% to the whole body.

3.2 The Tribunal after considering the evidence awarded total compensation of Rs.2,29,630/- considering the disability at 8% and the income at Rs.14,000/- p.m.

¶4Heard Sri.R.Shashidhara, learned counsel appearing for the appellant, Smt.T.M.Malathi, learned counsel appearing for Sri.Muralidhar Negavar, learned counsel for respondent No.2. Vide order dated

28.07.2026, notice to respondent No.1 is dispensed with.

¶5Sri. Shashidhara, with all vehemence submits that the injuries resulting in disability, the claimant who was a floweriest suffers more on earning capacity. The Tribunal has failed to consider this aspect of the matter and awarded meager compensation under all the heads, which requires re-assessment and sought to allow the appeal.

¶6Smt.Malathi, with all vehemence submits that the Tribunal in the absence of any evidence and avocation, properly considered the income at Rs.14,000/- p.m., and

awarded appropriate compensation, which does not call for any interference at the hands of this Court and sought to dismiss the appeal.

¶7Having considered the rival submissions, this Court has perused the entire appeal appeals as well as trial Court records.

¶8The evidence, of the doctor of which is reduced in the judgment at page No.9, states that on clinical examination the doctor has found that 'there was wasting of right arm and fore arm muscles, range of motion at right shoulder slightly painfully limited, healed surgical scar over proximal radius, radial plate with screws papable, reduced muscle strength in right forearm flexor and wrist extensor muscles. The Supination and pronation movements are restricted and on clinical examination found 25% disability to right arm'.

¶9Considering the fact that the claimant was a floweriest, which is not seriously disputed by the other

side, this Court is of the opinion that, if the disability is considered at 10% instead of 8%, the same would meet the ends of justice. Having gone through the award passed under each head, the same requires re-consideration as the compensation awarded under each head appears to be inadequate when compared to injuries, the treatment taken, inpatient period and medical expenses incurred.

¶10Accordingly, this Court proceeds to re-assess the compensation, which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of future earning capacity 1,74,720-00 2,18,400-00 (Rs.14,000x12x13x10%)

¶2Pain and sufferings 15,000-00 50,000-00

¶3Loss of amenities 15,000-00 50,000-00

¶4Medical Expenses 14,910-00 14,910-00

¶5Nourishment conveyance 10,000-00 20,000-00

¶6Loss of income during laid up period - 56,000-00 (Rs.14,000x4)

¶7Future Medical expenses - 25,000-00

TOTAL 2,29,630-00 4,34,310-00

¶11Accordingly, the claimant is entitled for an enhanced compensation of Rs.2,04,680/- (Rs.4,34,310

- Rs.2,29,630) rounded off to Rs.2,05,000/- which shall carry interest at the rate of 6% per annum from date of petition till realisation.

¶12For the foregoing reasons, this Court proceeded to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 28.06.2023 in MVC.No.5128/2019 passed by I Additional Senior Civil Judge and Additional MACT-V, Davangere, by enhancing the compensation by another sum of Rs.2,05,000/- along with interest at the rate of 6% per annum from the date of petition till realisation. iii. The respondent No.2/Insurer shall deposit the entire enhanced compensation along with the interest stated supra before the concerned Tribunal within 6 weeks from the date of receipt of copy of this order.

iv. Upon deposit, entire amount shall be released in favour of claimant on proper identification. v. No order as to costs. vi. It is noticed that the Tribunal has passed an order of pay and recovery, which is not in dispute by both the parties. In that view of the matter, the pay and recovery ordered by the Tribunal is retained. The Insurer is directed to pay the entire enhanced compensation along with interest primarily with liberty to recover the same from the Insurer.

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 20 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:43901( MFA(No.(8041(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010638442023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(T.M.NADAF( MISCELLANEOUS(FIRST(APPEAL(NO.8041(OF(2023(MV-I)( BETWEEN:(( ( KRISHNAPPA,, S/O,RAMAPPA,, AGED,ABOUT,44,YEARS,, OCC,FLOWER,MERCHANT,, R/O,BHARAMASAMUDRA,VILLAGE,, JAGALUR,TALUK,, DAVANAGERE,DISTRICT,-,577,528., …APPELLANT, (BY,SRI.,R.,SHASHIDHARA,,ADVOCATE), AND:( ( 1., AJJAIAH,T.,, S/O,THIMMANNA,, AGED,ABOUT,37,YEARS,, DRIVER,CUM,OWNER,, MARUTHI,CAR,BEARING,NO.KA-28/N-3590,, Digitally R/O,YALLAMMA,STREET,, signedtiby KHANA,HOSAHALLI,VILLAGE,, REKHA0R KUDLIGI,TALUK,, Location: High0Court BELLARI,DISTRICT,-,583,135., of0Karnataka , 2., THE,LEGAL,MANAGER,, TATA,AIG,GENERAL,INS,CO,LTD.,, HALMARK,BUILDING,, RD3 ,,DESAI,CROSS,, (BESIDE,INDUSTRIAL,BANK),, HUBBALLI,-,580,029), …RESPONDENTS, ,,(BY,SMT.,T.N.,MALATHI,,ADVOCATE,FOR,, ,,,,,,,,SRI.,MURALIDHAR,NAGAVAR,,ADVOCATE,FOR,R2,, ,,,,,,,,VIDE,ORDER,DATED,28.07.2026,NOTICE,TO,R1,IS,,, ,,,,,,,,DISPENSED,WITH), THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988, AGAINST THE