SRI CHANAPPA NAGAPPA MUCHALAGODA versus DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LIMITED

Citation: [2019] 14 S.C.R. 556 · Decided: 10-12-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 14 S.C.R.
SRI CHANAPPA NAGAPPA MUCHALAGODA
v.
DIVISIONAL MANAGER, NEW INDIA INSURANCE
COMPANY LIMITED
(Civil Appeal No.9306 of 2019)
DECEMBER 10, 2019
[UDAY UMESH LALIT AND INDU MALHOTRA, JJ.]
Workmen’s Compensation Act, 1923 – s.4 and relevant factor
of 201.66 as per Schedule IV – Enhancement of the compensation
– The appellant-driver, while driving a truck lost control of it due to
an axle cut and dashed against a rock on the side of the road – As
a consequence, the appellant suffered grievous injuries all over
his body – Appellant underwent hospitalization for 65 days – His
right leg was permanently injured, which resulted in complete
disability to continue his vocation as a driver of a heavy motor
vehicle – Appellant filed claim against the truck owner and the
Insurance Company – Commissioner awarded Rs.1,81,494/- as
compensation – High Court enhanced the compensation to Rs.
2,90,390/- with interest @ 12% p.a. payable from one month after
the date of the accident – On appeal, held: The medical evidence
on record corroborated appellant’s inability to stand for a long
period of time or even fold his legs –  Appellant was incapacitated
for life and lost his ability to work as a driver – The functional
disability suffered was assessed as 100% and relevant factor was
201.66 as per Schedule IV to the Act – Consequently, the
compensation payable to the appellant worked out to Rs. 4,83,984/
- – Further, a lump sum amount of Rs.1,00,000/- awarded towards
hospitalization and medical expenses incurred by the appellant.
Allowing the appeal, the Court
HELD:  1. Various Judgments of the Supreme Court are
instructive for assessing the compensation payable to the
appellant in the present case. As a consequence of the accident,
the Appellant has been incapacitated for life, since he can walk
only with the help of a walking stick. He has lost the ability to
work as a driver, as he would be disqualified from even getting a
driving license. The prospect of securing any other manual labour
 [2019] 14 S.C.R. 556
556
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job is not possible, since he would require the assistance of a
person to ensure his mobility and manage his discomfort. As a
consequence, the functional disability suffered by the Appellant
must be assessed as 100%. [Para 11][562 A-B]
Raj Kumar v. Ajay Kumar and Ors. (2011) 1 SCC 343
:  [2010] 13 SCR 179; K. Janardhan v. United India
Insurance Co. Ltd. (2008) 8 SCC 518 : [2008] 8 SCR
157; S. Suresh v. Oriental Insurance Co. Ltd. & Anr.
(2010) 13 SCC 777 : [2009] 14 SCR 990   - relied on.
2. The judgment of the High Court affirmed on assessing
the income of the Appellant at Rs. 4,000/- p.m. as per the evidence
of his employer. The “functional disability” of the Appellant is
assessed as 100%, and the relevant factor would be 201.66 as
per Schedule IV to the Workmen’s Compensation Act, 1923.
Consequently, the compensation payable to the Appellant would
work out to Rs. 4,83,984/- under Section 4 of the Act. [Para
12][562 C-D]
3. The Appellant has not been awarded any amount towards
reimbursement of the medical expenses incurred by him, either
by the Commissioner, or by the High Court. The Appellant
underwent hospitalization for a period of 65 days’ for medical
treatment and surgical operations. This Court deems it just and
appropriate to award a lump sum amount of Rs. 1,00,000/- towards
hospitalization and medical expenses incurred by the Appellant.
[Paras 13][562 D-E]
Case Law Reference
[2010] 13 SCR 179
relied on
Para 9
[2008] 8 SCR 157
relied on
Para 10
[2009] 14 SCR 990
relied on
Para 10
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9306
of 2019.
From the Judgment and Order  dated 06.10.2016 of the High
Court of  Karnataka, Dharwad Bench in M.F.A. No. 1569 of 2008 (WC).
H. Chandra Sekhar, Mrs. Rekha Chandra Sekhar, Karri Venkata
Reddy, Advs. for the Appellant.
SRI CHANAPPA NAGAPPA MUCHALAGODA v. DIVISIONAL MANAGER,
NEW INDIA INSURANCE COMPANY LIMITED
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
Dr. Meera Agarwal, Ramesh Chandra Mishra, Advs. for the
Respondent.
The Judgment of the Court was delivered by
INDU MALHOTRA, J.
1. Leave granted.
2. The present Civil Appeal has been filed by the Appellant –
Claimant for enhancement of the compensation awarded to him by the
Karnataka High Court (Dharwad Bench) under the Workmen’s
Compensation Act, 1923.
3. The Appellant – a driver of heavy vehicles, was employed by
one Sekar Santharam. On 13.05.200
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