Karnataka High Court
Mohammed Sulthan Sheriff @ Shabaz vs M/S Icici Lombard General ... on 7 January, 2021
Author: S.Sujatha And M.I.Arun
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S. SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.7527 OF 2018 (MV)
BETWEEN:
MOHAMMED SULTHAN SHERIFF @ SHABAZ
S/O LATE MOHAMMED ISHQ SHERIFF
AGED 25 YEARS, R/AT #59, 3RD CROSS
POPULAR COLONY, BOMMANAHALLI
BENGALURU - 560 068 ... APPELLANT
(BY SRI. SRIDHAR D.S., ADVOCATE)
AND:
1. M/S ICICI LOMBARD GENERAL
INSURANCE CO. LTD.
9TH FLOOR, THE ESTATE
#121, DICKENSON ROAD
MG ROAD, BENGALURU - 560 042
REP. BY ITS MANAGER
2. M/S SAIRAKSHA DAIRY PRODUCTS
PVT. LTD., REP. BY ITS MANAGER
PLOT NO.209, BOMMASANDRA
JIGANI, ANEKAL TALUK
BENGALURU - 560 105 ... RESPONDENTS
(BY SRI. A.M.VENKATESH, ADV. FOR R1;
R2 - SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND
2
AWARD DATED 28.03.2018, PASSED IN MVC NO.8287/2016,
ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES
JUDGE & XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-
23) PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENAHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
M.I.ARUN J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated
28.03.2018 passed in MVC No.8287/2016 by the Motor
Accidents Claims Tribunal, Bengaluru (for short 'the
Tribunal'), the petitioner therein has preferred this appeal.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Tribunal.
3. The brief facts of the case are as follows:
That on 30.10.2016, at about 12.45 a.m. on NH7
near Electronic City toll, Bengaluru city, the driver of
Bolero Maxi truck plus bearing registration No.KA-51/D-
7514 belonging to respondent no.2, which is insured with
respondent no.1, driving rashly and negligently dashed
against a parked Qualis Car bearing registration No.KA-03/
MA-0886. As a result of which, the petitioner who was
standing behind the parked vehicle struck in between the
two vehicles sustained fracture injuries. Immediately after
the accident, he was shifted to Live 100 hospital and then
shifted to St.John's Medical College Hospital for treatment.
He took treatment as an inpatient and undergone surgery
for fracture injuries. Hence, he preferred MVC
No.8287/2016 before the Tribunal and claimed a
compensation of Rs.30,00,000/-.
4. After service of notice, the respondents appeared
through their Counsel and denied the liability.
5. The petitioner, to prove his case, examined himself
and two other witnesses and got marked Exs.P1 to P16.
The respondents did not examine any witness nor got
marked any exhibits.
6. Based on the pleadings and the evidence let in, the
Tribunal has awarded a compensation of Rs.4,59,678/- to
the petitioner payable with interest @ 6% p.a. from the
date of petition till the date of deposit. Not satisfied by the
same, the petitioner has preferred this appeal.
7. We have heard learned counsel for the parties.
8. The case of the petitioner is that the compensation
awarded by the Tribunal under different heads is on the
lower side and has sought for enhancement of
compensation.
9. Per contra, respondent no.1 has justified the order
passed by the Tribunal and has sought for dismissal of the
appeal.
10. The accident happened in the year 2016. At the time
of the accident, the petitioner was aged 23 years. The
Tribunal has taken the permanent disability suffered by the
petitioner at 9%. There is no dispute as to these facts and
no reason is provided by either of the parties as to why the
same needs to be changed. The petitioner has not
produced any document to prove his income. The Tribunal
has adopted a notional income at Rs.8,000/- per month.
We find it to be on the lower side. As per the chart
prepared by the Karnataka State Legal Services Authority
in consultation with the Insurance Companies, the notional
income for the year 2016 is fixed at Rs.9,500/- per month.
Accordingly, the same needs to be enhanced. The age of
the petitioner being 23 years at the time of the accident, a
multiplier of 18 needs to be adopted. Hence, on the
ground of loss of future earnings, the petitioner shall be
entitled to a sum of Rs.1,84,680/- [Rs.9,500/- X 12 X 18 X
9%]. No amounts have been awarded by the Tribunal
towards loss of amenities and loss of income during laid up
period due to the injuries suffered by the petitioner.
Hence, we deem it appropriate to award a sum of
Rs.40,000/- towards loss of amenities and Rs.28,500/-
towards loss of income during laid up period as the
petitioner was not in a position to earn anything for a
period of three months. Further, towards pain and
suffering Rs.40,000/- is awarded, we deem it appropriate
to enhance the same to Rs.50,000/-. A sum of
Rs.2,29,178/- is awarded towards medical expenses, we
deem it appropriate to retain the same. Similarly on the
grounds of conveyance, food and nourishment charges
Rs.25,000/- is awarded and future medical expenses
Rs.10,000/- is awarded and we deem it appropriate to
retain the same. Thus, the petitioner is entitled to a sum
of Rs.5,67,358/- as against Rs.4,59,678/- awarded by the
Tribunal. The enhanced compensation shall carry interest
@ 6% p.a. from the date of petition till its realization.
11. Hence, the following:
ORDER
i) The appeal is allowed in part.
ii) The total compensation awarded by the
Tribunal is modified and enhanced to
Rs.5,67,358/- (Rupees Five Lakhs Sixty
Seven Thousand Three Hundred and Fifty
Eight only) as against Rs.4,59,678/- with
interest at the rate of 6% per annum from
the date of the claim petition till its
realization.
iii) The insurance company shall deposit the
amount determined as aforesaid before
the Tribunal within 90 days from the date
of receipt of the certified copy of the
judgment and order.
iv) The portion of the order of the Tribunal
inasmuch as liability and disbursement
remains intact.
v) The modified compensation amount shall
be disbursed in terms of the order of the
Tribunal.
vi) Draw modified award accordingly.
vii) All pending I.As. stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
hkh.
