Karnataka High Court
K Raja Sab @ Raja Hussain vs Shaktivel G S/O Govinda Swamy on 1 April, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01ST DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 102483 OF 2020 (MV-)
BETWEEN:
K RAJA SAB @ RAJA HUSSAIN
S/O K. HUSSAIN SAB,
AGE: 32 YEARS,
OCC: SHEEP BROKER/MERCHANT
AND AGRICULTURE, R/O: CHIKKAJANTAKAL,
TQ:GANGAVATHI, DIST: KOPPAL
PIN CODE:583227.
...APPELLANT
(BY SRI. NAGARAJ APPANNANAVAR.,ADVOCATE)
AND:
1. SHAKTIVEL G S/O GOVINDA SWAMY,
AGE:38 YEARS,
OCC: DRIVER OF LORRY BEARING ITS
REGISTRATION NO.TN-52/C-3181,
R/O: RAMANGUNDEN KOTTAI,
POST: KADIRIPURAM,
TQ: KRISHNAGIRI, DIST: SELAMM,
STATE: TAMILNADU-635107.
2. V. VAITHIALINGAM S/O SELLAMUTHU,
AGE:38 YEARS,
OCC: OWNER OF LORRY BEARING
ITS REGISTRATION NO.TN-52/C-3181,
R/O: H.NO.3/70A,
PURAYANKATTANUR-637301,
-2-
MFA No. 102483 of 2020
POST: MANJAKKALPATTI,
TQ: SANKARI, DIST: SELAM,
STATE: TAMILNADU-637301.
3. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE COMPANY LIMITED,
1ST FLOOR, EDIGA COMPLEX,
NEAR OLD BUS-STAND,
BELLARY-583103.
...RESPONDENTS
(BY SRI. R. R. MANE, ADV. FOR R3;
R1 AND 2- DISPENSED WITH)
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 13.12.2019 PASSED IN MVC NO.309/2018 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL, GANGAVATHI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE FOLLOWING;
JUDGMENT
For the undisputed accident which resulted in
amputation of right leg above the knee of the claimant,
the Tribunal has awarded the following sums;
MFA No. 102483 of 2020
A Loss of future income 8,16,000/-
B Pain and suffering 10,000/-
C Loss of amenities in life 10,000/-
D Loss of earning during treatment 24,000/-
E Diet, Nourishment, Attendants 10,000/-
charges and conveyance
F Medical reimbursement 71,705/-
Total Rs.9,41,705/-
2. Being dissatisfied with the award, the claimant
is in appeal.
3. The Tribunal for the purpose of determining
compensation has assessed the disability at 50% though,
the doctor who was examined stated that the claimant has
suffered 75% disability.
4. In this case, since it was stated by the doctor
that the claimant has suffered 75% to whole body, the
Tribunal ought to have assessed the disability at 75% and
not at 50%.
MFA No. 102483 of 2020
5. The Tribunal has determined monthly income of
Rs.8,000/- per month since there was no documentary
evidence. In such cases, it would be appropriate to adopt
the monthly income fixed by the Karnataka State Legal
Services Authority, which for the year 2018 is Rs.11,750/-.
6. To the said sum, since the claimant was aged
30 years, 40% future prospectus would have to be added,
which results in the monthly income being Rs.16,450/-.
Out of the said sum, since the claimant was aged 30
years, a multiplier of 17 would have to be adopted.
Consequently, the claimant would be entitled to a sum of
Rs.25,16,850/- (16,450X12X17X75%) towards loss of
future income.
7. The claimant has been awarded a sum of
Rs.10,000/- towards pain and suffering which is required
to be enhanced to Rs.1,00,000/- having regard to the
amputation of the leg.
MFA No. 102483 of 2020
8. The claimant has awarded Rs.10,000 towards
loss of amenities, in my view, it would be appropriate to
award a sum of Rs.1,00,000/- towards the loss of
amenities. As I have held that the claimant was deemed
to have a income of Rs.11,750/- the income lost for the
laid-up period of two months would be Rs.23,500/-
(11,750X2) would be awarded towards income for the
laid-up period.
9. The Tribunal has awarded a sum of Rs.10,000/-
towards diet, nourishment, attendants charges and
conveyance, is required to be enhanced to Rs.25,000/-.
10. The amount of Rs.71,705/- awarded towards
medical expenses is further confirmed.
11. Consequently, the claimant would be entitled to
following sum;
MFA No. 102483 of 2020
1 Loss of future income 25,16,850/-
2 Pain and suffering 1,00,000/-
3 Loss of amenities 1,00,000/-
4 Loss of earning during laid-up 23,500/-
period for two months
5 Diet, Nourishment, Attendants 25,000/-
charges and conveyance
6 Medical reimbursement 71,705/-
Total Rs.28,37,055/-
12. Thus, the claimant is entitled for total
compensation of Rs.28,37,055/- as against the sum of
Rs.9,41,705/- awarded by the Tribunal.
13. In view of the above, I pass the following:
ORDER
(i) The appeal is allowed in part,
(ii) The Judgment and Award dated
13.12.2019 passed in MVC
No.309/2018, on the file of the
Senior Civil Judge and MACT,
MFA No. 102483 of 2020
Gangavathi, is hereby modified. The
claimant is entitled to a total
compensation of Rs.28,37,055/- as
against the sum of Rs.9,41,705/-
awarded by the Tribunal. The
enhanced compensation of
Rs.8,95,350/- shall carry interest @
6% p.a. from the date of claim
petition till the date of deposit,
(iii) The Insurance Company/respondent
No.3 is directed to deposit the
enhanced compensation after
deducting the compensation already
paid along with interest before the
Tribunal within a period of 90 days
from the date of receipt of certified
copy of this judgment,
MFA No. 102483 of 2020
(iv) The amount awarded shall be
disbursed in the same terms as that
imposed by the Tribunal.
Sd/-
JUDGE
SMM
