Karnataka High Court
Mr. Sridhar. N vs Mohammed Ismail on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:24193
MFA No. 3044 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3044 OF 2019 (MV-I)
BETWEEN:
MR. SRIDHAR. N
S/O LATE NANJUNDAPPA,
AGE: 30 YEARS, R/O SAJJANA RAJ BADAVANE,
ASHOKANAGARA, BIRUR TOWN,
KADUR TALUK, CHIKMAGALURU DIST.
...APPELLANT
(BY SRI. NAGARAJA R C., ADVOCATE)
AND:
1. MOHAMMED ISMAIL
S/O. FAKUR SAB, AGE: 33 YEARS,
R/O ADRESHAHALLI VILLAGE,
AT POST, DEVANAHALLI TALUK,
BANGALURU NORTH.
2. DR. R.P.REETHESH
DR.R.R.PRAKASH, AGE:MAJOR,
R/O SRINIVASA NILAYA,
Digitally signed by B
K
THYAGARAJ COLONY,
MAHENDRAKUMAR MULBAGAL TOWN, KOLAR DIST.
Location: HIGH
COURT OF
KARNATAKA
3. THE BRANCH MANAGER
ROYAL SUNDARAM ALLIANCE,
INSURANCE COMPANY LTD,
VISHRANTHI MELARAM TOWERS,
NO.2/319, RAJEEV GANDHI,
SALAI (OMR) KARAPAKKAM,
CHENNAI-600 097.
...RESPONDENTS
(BY SRI. P B RAJU, ADVOCATE FOR R3;
V/O DATED 14.12.2023 NOTICE TO R1 & R2 IS D/W)
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NC: 2024:KHC:24193
MFA No. 3044 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 2.02.2019 PASSED IN MVC
NO.180/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
KADUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER DICTATION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimant is appealing for an enhancement of the compensation awarded to him. He filed a petition under Section 166 of the Motor Vehicles Act, 1988, seeking just and proper compensation for the injuries he sustained in an accident on 10th November 2015. The Tribunal initially awarded him a sum of Rs.8,07,416/- with interest at 7% per annum.
2. The court has heard the arguments of the learned counsel for both parties and has perused the records from the Trial Court.
3. It is undisputed that the claimant sustained injuries in an accident on 10th November 2015. At the time of the accident, he was 27 years old and was engaged in the business of cattle feed and working as a school bus driver. The claimant suffered the following injuries:
"Deformity of the right ankle with a 5 cm wound on the medial side and projecting bone, abrasion on the right back (10 cm x 5 cm in the iliac region), swelling and pain in the left hand, subtrochanteric fracture of the left hip, intercondylar fracture of the right tibia, comminuted fracture of the left forearm, wound over the right ankle, and other parts of the body."-3-
NC: 2024:KHC:24193 MFA No. 3044 of 2019
4. The doctor, who was examined as CW1, confirmed that the claimant had fractures in his right leg, left femur, left hand, and left wrist. The doctor assessed the disability as 25% for the right leg, 30% for the left leg, and 20% for the left hand, resulting in a total functional disability of 30%.
5. To prove his earnings, the claimant presented income tax returns marked as Exhibits P99 and P100. Exhibit P99 shows that his total income for the financial year 2012-13 was Rs.1,92,090/-, and for the year 2013-14 it was Rs.2,02,800/-. However, the claimant did not provide the income tax returns for the financial year 2014-15. Given that the accident occurred on 20th November 2015, the court assesses the claimant's income at Rs.10,000/- per month, as opposed to the Rs.8,000/- per month assessed by the Tribunal.
heads:
Awarded by the Awarded by the High
Tribunal Court
Rs. Rs.
Medical Expenses 2,28,028/- 2,28,028/-
Loss of income during laid
4,788/- 5,000/-
up period
Pain and suffering 50,000/- 75,000/-
Loss of future earning 4,89,600/- 6,12,000/-
capacity 10,000 x 30% x 12 x 17
Food, nourishment & 20,000/- 20,000/-
attendant charges
Conveyance 15,000/- 15,000/-
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NC: 2024:KHC:24193
MFA No. 3044 of 2019
Loss of amenities NIL 50,000/-
Future Medical expenses NIL 20,000/-
Total 8,07,416/- 10,25,028/-
6. In conclusion, the appellant/claimant is entitled to a total compensation of Rs.10,25,028/-, as opposed to the Rs.8,07,416/- awarded by the Tribunal. The enhanced compensation amounts to Rs.2,17,612/-. The award passed by the Tribunal is modified to this extent. The enhanced compensation of Rs.2,17,612/- shall carry interest at the rate of 6% per annum from the date of the petition until the date of actual realization.
7. The respondent, the Insurance Company, is directed to deposit the enhanced amount within three months from the date of receipt of the certified copy of this order. The entire enhanced compensation amount is to be released in favor of the appellant/claimant.
Accordingly, the appeal is disposed of.
Ordered accordingly.
Sd/-
JUDGE HR