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2025 DAILYLAW 20157 (KAR)

SHRI AVINASH SHETTY v. SRI SATHISH POOJARY

MFA/2324/2014 · 2025-04-02

Lalitha Kanneganti

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Judgment text

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- 1 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2324 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2323 OF 2014 (MV-I) IN MFA No. 2324/2014 BETWEEN: SHRI. AVINASH SHETTY, S/O GOPALA SHETTY, AGED ABOUT 25 YEARS, RESIDENT OF PATEL HOUSE, SHIROOR VILLAGE, KUNDPUR TALUK, UDUPI DISTRICT - 576 101. …APPELLANT (BY SRI. D. NARAYANA SHETTY, ADVOCATE) AND: 1. SRI. SATHISH POOJRY, SS/O MANJU POOJARY, AGED ABOUT 34 YEARS, RESIDENT OF MUGALIGADE MANE NEERAGADDE, SHIROOR VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT - 576 101. 2. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, UDUPI CITY, UDUPI - 576 101. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 16.01.2015, NOTICE TO R1 DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 7.11.2013 PASSED IN MVC NO.570/2012 TO MVC.NO. 573/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2323/2014 BETWEEN: SHRI. KISHORE SHETTY, S/O SUBHACHANDRA SHETTY, AGED ABOUT 25 YEARS, RESIDENT OF PATEL HOUSE, SHIROOR VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT - 576 101. ...APPELLANT (BY SRI. D. NARAYANA SHETTY, ADVOCATE) AND: 1. SRI. SATHISH POOJRY, S/O MANJU POOJARY, AGED ABOUT 34 YEARS, R/O MUGALIGADE MANE NEERAGADDE, SHIROOR VILLAGE, KUNDAPUR TALUK UDUPI DISTRICT - 576 101. 2. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, UDUPI CITY, UDUPI - 576 101. ...RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 16.01.2015, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 7.11.2013 PASSED IN MVC NO. 571/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL COMMON JUDGMENT Aggrieved by the award passed in M.V.C.No.570/2012 and M.V.C.No.571/2012 dated 07.11.2013 on the file of the Senior Civil Judge and Claims Tribunal, Kundapura, the claimants are before this Court seeking enhancement of compensation by filing M.F.A.No.2324/2014 and M.F.A. No.2323/2014 respectively. The Tribunal had disposed of the cases by way of a common judgement. Hence, this Court is disposing of the matters by way of a common judgment. M.F.A. No.2324/2014 arising out of M.V.C.No.570/2012: 2. The claim petition is filed seeking compensation of an amount of Rs.6,26,000/- for the injuries sustained by the claimant in the accident. 3. It is the case of the claimant that he is aged 23 years and he is earning an amount of Rs.9,000/- per month and as per the evidence of the doctor, he had sustained 14% disability to the left lower limb. The Tribunal had considered the - 4 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 income at Rs.6,000/- and considering the injuries, though the doctor had stated 14% disability to the limb, the Tribunal had taken 10% to the whole body and granted the compensation as per the table given below: Particulars Amount (in Rs.) Pain and sufferings 35,000.00 Medical expenses 67,725.00 Loss of earning during laid up period 18,000.00 Loss of future earning capacity 1,29,600.00 Loss of amenities 20,000.00 Total 2,70,325.00 4. There is no representation on behalf of the appellant - claimant. This is an appeal of 2014. Hence, this Court is proceeding to pass the judgment basing on the material available on record. 5. Leaned counsel appearing for the respondent- Insurance Company submits that the Tribunal had granted just and reasonable compensation. Hence, there are no grounds to enhance the compensation. - 5 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 6. Having heard the learned counsel appearing for the respondent - Insurance Company, perused the material on record. The claimant had sustained lacerated wound over the face, avulsion of soft tissue bleeding, lacerated wound vartix of scalp, abrasion of left leg and dislocation of hip. Considering these injuries, under the head of 'pain and suffering', this Court is granting an amount of Rs.50,000/-. Then coming to the 'medical expenses', the Tribunal had granted an amount of Rs.67,725/- basing on the evidence on record and no interference is called for from this Court. Coming to the 'loss of earning during laid up period', according to the claimant, he was earning an amount of Rs.9,000/- per month. The accident occurred in the year 2012. Considering the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the notional income at Rs.7,000/-. For three months, this Court is granting an amount of Rs.21,000/- (Rs.7,000 x 3) towards 'loss of earning during laid up period'. Coming to the 'loss of future earning', though the evidence of the doctor is that he had sustained 14% disability to the limb, the Tribunal had taken 10% to whole body. Hence, as no appeal is preferred by the Insurance Company, this Court is not going - 6 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 into the said finding. Hence, under the head of 'loss of future earning capacity', this Court is granting an amount of Rs.1,51,200/- (Rs.7,000 x 12 x 18 x 10%). Towards 'loss of amenities', the Tribunal had granted an amount of Rs.20,000/- and no interference is called for from this Court. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and another1, the claimant is entitled for an amount of Rs.10,000/- towards 'legal expenses'. 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 35,000.00 50,000.00 2. Medical expenses : Rs. 67,725.00 67,725.00 3. Loss of earning during laid up period : Rs. 18,000.00 21,000.00 4. Loss of future earning capacity : Rs. 1,29,600.00 1,51,200.00 5. Loss of amenities : Rs. 20,000.00 20,000.00 6. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 2,70,325.00 3,19,925.00 Enhancement : Rs. 49,600.00 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 9. Altogether, the claimant is entitled for compensation of an amount of Rs.3,19,925/-. M.F.A. No.2323/2014 arising out of M.V.C.No.571/2012: 10. The claim petition is filed seeking compensation of an amount of Rs.3,64,000/- for the injuries sustained by the claimant in the accident. 11. It is the case of the claimant that he is aged 23 years and he is earning an amount of Rs.9,000/- per month. The Tribunal had considered the income at Rs.5,000/-. As per the doctor's evidence, he has sustained disability to the left lower limb is 16%. The Tribunal had taken 12% to the whole body and granted the compensation as per the table given below: Particulars Amount (in Rs.) Pain and sufferings 50,000.00 Medical expenses 98,095.00 Loss of earning during laid up period 20,000.00 Loss of future earning capacity 1,29,600.00 Loss of amenities 25,000.00 Future medical expenses 12,000.00 Total 3,34,695.00 - 8 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 12. There is no representation on behalf of the appellant - claimant. This is an appeal of the year 2014. Hence, this Court is proceeding to pass the judgment basing on the material available on record. 13. Leaned counsel appearing for the respondent- Insurance Company submits that the Tribunal had granted just and reasonable compensation. Hence, there are no grounds to enhance the compensation. 14. Having heard the learned counsel appearing for the respondent - Insurance Company, perused the material on record. In this case, the claimant had sustained deformity in the right thigh - fracture of medial condoyle and deformity in the right hand - fracture of the 3rd metacarpal laceration over the forehead. Hence, under the head of 'pain and suffering', this Court is granting an amount of Rs.60,000/-. Towards 'medical expenses', the Tribunal had granted an amount of Rs.98,095/- basing on the evidence on record and no interference is called for from this Court. Coming to the 'loss of earning during laid up period', according to the claimant, he was earning an amount of Rs.9,000/- per month. The accident - 9 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 occurred in the year 2012. Considering the chart prepared by the Karnataka State Legal Services Authority, this Court is taking notional income at Rs.7,000/-. For three months, this Court is granting an amount of Rs.21,000/- (Rs.7,000 x 3) towards 'loss of earning during laid up period'. Coming to the 'loss of future earning', though the evidence of the doctor is that he had sustained 16% disability to the limb, the Tribunal had taken 12% to whole body. Hence, as no appeal is preferred by the Insurance Company, this Court is not going into the said finding. Hence, under the head of 'loss of future earning capacity', this Court is granting an amount of Rs.1,81,440/- (Rs.7,000 x 12 x 18 x 12%). Towards 'loss of amenities', this Court is granting an amount of Rs.30,000/-. Towards 'future medical expenses', considering the re-operation, this Court is granting an amount of Rs.20,000/-. 15. In the light of the law laid down by the Hon'ble Supreme Court in V. Mekala's case (supra), the claimant is entitled for an amount of Rs.10,000/- towards 'legal expenses'. - 10 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 16. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 50,000.00 60,000.00 2. Medical expenses : Rs. 98,095.00 98,095.00 3. Loss of earning during laid up period : Rs. 20,000.00 21,000.00 4. Loss of future earning capacity : Rs. 1,29,600.00 1,81,440.00 5. Loss of amenities : Rs. 25,000.00 30,000.00 6. Future medical expenses : Rs. 12,000.00 20,000.00 7. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 3,34,695.00 4,20,535.00 Enhancement : Rs. 85,840.00 17. Altogether, the claimant is entitled for compensation of an amount of Rs.4,20,535/-. 18. Accordingly, both the appeals are partly allowed. In M.F.A.No.2324/2014, the compensation is enhanced from Rs.2,70,325/- to Rs.3,19,925/-. In M.F.A.No.2323/2014, the compensation is enhanced from Rs.3,34,695/- to Rs.4,20,535/-. - 11 - NC: 2025:KHC:14624 MFA No. 2324 of 2014 C/W MFA No. 2323 of 2014 i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The respondent-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security. iii) Apportionment shall be as ordered by the Tribunal, if any. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the judgment passed by this Court forthwith without any delay. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE KA List No.: 3 Sl No.: 1 CT: BHK