Shri Rasool S/O Kutubuddin Sanadi vs M/S. G S Transport And Company
2022 Latest Caselaw 2969 Kant

                                    M.F.A.103737/2017 c/w
                                        MFA 103260/2017
                         -1-


        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

  DATED THIS THE 22 N D DAY OF FEBRUARY, 2022

                      BEFORE

THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

         M.F.A. No.103737/2017 (MV)
                     C/W
            M.F.A.No103260/2017

IN M.F.A. No.103737/ 201 7
B ETWEEN

SHRI RASOOL S/O KU TUB U DDIN SANADI,
AGE: 41 YEARS, OCC: SILVERSMIT H NOW NIL,
R/O: VISHNU GALLI, VADAGAON,
B ELAGAVI- 590005 .
                                      ...APPELLANT
(B Y SRI.B .M.PAT IL, ADVOCATE)

AND

1 .   M/S. G.S.TRANSPORT AND COMPANY,
      NH-4 SAMB RA CROSS, B ELAGAVI.

2 .   UNITED INDIA INS URANCE COMPANY LIMITED,
      DIV IS IONAL OFFICE, 1568, 2ND FLOOR,
      AB OVE B ANK OF BARODA, MARU TI GALLI,
      BELAGAVI- 59 0002.
      THROU GH ITS DIV IS IONA L MANAGER.
                                      ...RESPONDENTS
(B Y SRI.N.R.KUPPELU R, ADVOCATE FOR R2;
 NOT ICE TO R1 SERVED)

      THIS MISCEL LANE OUS FIRST APPEAL IS F IL ED
U NDER SECTION 173(1) OF MOTO R VEH ICLES ACT,
1988, AGA INST T HE JU DGMENT AN D AWARD DAT ED
08. 06.2017 PASSED IN MVC No.1824/2016 ON TH E
FILE OF THE XI-A DDIT IONAL DIST RICT AND SESSIONS
JU DGE AND MEMBER, ADDITIONAL MOT OR ACCIDENT
CLAIMS TRIB UNAL, B ELAGAVI, PART LY ALLOWING THE
CLAIM PET IT ION FOR COMPENSAT ION AND SEEK ING
ENHANCEMENT OF COMPENSATION.
                                         M.F.A.103737/2017 c/w
                                            MFA 103260/2017
                         -2-


IN M.F.A.No103260/2017
B ETWEEN

U NIT ED INDIA INSU RANCE COMPANY LIMIT ED.
DIV IS IONAL OFFICE, 1568, 2ND FLOOR,
AB OVE BANK OF BARODA,
MARUTI GALLI, B ELAGAV I,
REPRES ENTED THROUGH IT S
DIV IS IONAL MANA GER.         ...APPELLANT

(B Y SRI.N.R.KUPPELU R, ADVOATE)

AND

1 .   SRI. RASOOL KUTUBU DDIN SANADI,
      AGE: 41 YEARS, OCC: SILVERSMITH NOW: NIL,
      R/O: VISHNU GALL I, VADAGAON, BELAGAVI.

2 .   M/S G.S.T RANSPORT AND COMPANY,
      NH-4 SAMB RA CROSS, B ELAGAVI- 590 001.
                                ...RESPONDENTS
(B Y SRI.B .M.PAT IL, ADVOCATE FOR C /R1;
NOTICE TO R2 SERVED)

      THIS APPEA L IS FIL ED U NDER SECTION 1 73(1)
OF MOTOR V EH ICLES ACT, 1988, AGAINST TH E
JU DGMENT AND AWARD DATED 08. 06.2017 PASSED IN
MVC No.1824/ 20 16 ON TH E FILE OF T HE X I-
ADDIT IONAL DIST RICT AND SESSIONS JUDGE AND
MEMB ER, ADDIT IONAL MOTOR A CCIDENT CLAIMS
TRIB U NAL, B ELAGAVI, AWARDING COMPENSAT ION OF
` 7,89,400/- WIT H INTER EST AT 9% P.A. FROM TH E
DATE OF PETIT ION T ILL ITS REAL IZ ATION.

     THESE APPEALS COMING ON FOR ADMISSION,
THIS DAY THE COU RT DELIVERED THE FOLLOW ING:

               J U D G M E N T

The claimant and the insurer of the

offending vehicle have preferred these two

appeals against the judgment and award dated M.F.A.103737/2017 c/w MFA 103260/2017

8 t h June 2017 passed by the Additional M.A.C.T.,

Belagavi, in M.V.C.No.1824/2016.

2. Though these appeals are listed for

admission, with the consent of the learned

counsels appearing for the parties, they are

taken up for final disposal.

3. The parties to these appeals are referred

to by their rankings before the Tribunal for the

sake of convenience.

4. The undisputed facts of the case are:

On 24.07.2016, when the claimant was

proceeding on a motor cycle bearing registration

No.KA-22/EQ-0892 from Pant Balekundri towards

Belagavi, at about 6.20 p.m. when the motor

cycle reached near Mutaga village, the offending

Truck bearing registration No.KA-22/C-4432

dashed against the motor cycle from its hind

side and caused the accident. In the said

accident, the claimant as well as the pillion rider M.F.A.103737/2017 c/w MFA 103260/2017

of the motor cycle were injured. The claimant

was admitted in a private hospital as an

inpatient and was treated for his injuries in the

said hospital. It is under these circumstances, a

claim petition under Section 166 of the Motor

Vehicles Act, 1988, was filed by the claimant in

M.V.C.No.1824/2016 claiming compensation of

`20 lakhs from the owner and insurer of the

offending Truck bearing registration No.KA-

22/C-4432. The said claim petition was partly

allowed by the Tribunal and a compensation of

`7,89,400/- was awarded with interest @ 9%

from the date of petition till realization. Being

aggrieved by the quantum of compensation, the

claimant as well as the insurer of the offending

Truck have preferred these two appeals.

5. Learned counsel for the claimant submits

that the compensation awarded by the Tribunal

on all heads is on the lower side. He submits

that the claimant was a Silversmith and his M.F.A.103737/2017 c/w MFA 103260/2017

income-tax returns was filed for the year 2014-

15 and 2015-16 and the Tribunal has not

properly appreciated the said documents and

has erroneously considered the income of the

claimant at `15,000/- per month, which has

resulted in awarding a meager compensation and

therefore, he prays to enhance the

compensation amount.

6. Per contra, learned counsel appearing for

the insurer submits that the Tribunal has taken

the income of the claimant at `15,000/- per

month without there being sufficient documents.

He submits that in the connected matter, which

was disposed of by the Division Bench of this

Court in M.F.A.No.103261/2017 arising out of

the very same accident, the Division Bench of

this court in M.F.A.No.103261/2017 has taken

the income of the claimant at `13,000/- per

month and therefore, even in this case, the

income is required to be taken at `13,000/- per M.F.A.103737/2017 c/w MFA 103260/2017

month. He submits that the rate of interest

awarded by the Tribunal at 9% per annum is

also on the higher side and he also submits that

in the connected appeal, the Division Bench has

reduced the interest to 6% per annum.

7. Learned counsel for the claimant does

not dispute the submission made by the learned

counsel for the insurer.

8. I have given my anxious consideration to

the arguments addressed on both sides and also

perused the material available on record.

9. The only question that arises for

consideration in these two appeals is with regard

to the adequacy of compensation awarded to the

claimant by the Tribunal, having regard to the

injuries suffered and treatment undergone by

him for the same. The claimant, who is said to

be a Silversmith by avocation, was aged about

45 years as on the date of accident. The

Tribunal has taken into consideration the income M.F.A.103737/2017 c/w MFA 103260/2017

of the claimant at `15,000/- per month. Having

regard to the fact that the Division Bench of this

court in M.F.A.No.103261/2017, which arose

from the very same accident, has considered the

income of the claimant therein at `13,000/- per

month, even in the present case, the income of

the claimant is required to be taken into

consideration at `13,000/- per month. The

Doctor, who has been examined before the

Tribunal as PW-3, has deposed with regard to

the injuries suffered by the claimant and also

the treatment undergone by him. He has issued

a disability certificate as per Ex.P25 and has

stated that the physical disability suffered by

the claimant was to the extent of 60% to the

particular limbs. The Tribunal has rightly taken

the physical disability to the whole body at 20%.

The proper multiplier applicable having regard to

the age of the claimant would be '14'. In the

said event, the claimant would be entitled for a

sum of `4,36,800/- towards loss of future M.F.A.103737/2017 c/w MFA 103260/2017

income due to physical disability. The claimant

is also entitled for a sum of `75,000/- towards

pain and suffering and a sum of `1,55,321/-

towards medical expenses; towards loss of

amenities in future life, the claimant is entitled

for a sum of `40,000/- and towards incidental

expenses, the compensation amount of

`20,000/- awarded by the Tribunal remains

unaltered. Towards loss of income during laid-up

period, the clamant is entitled for a sum of

`39,000/-. Therefore, in all the claimant is

entitled for a total compensation of ` 7,66,121/-

as against `7,89,400/- awarded by the Tribunal,

which is extracted as follows:

1 Loss of future income due `4,36,800/-

to physical disability 2 Pain and suffering `75,000/- 3 Medical expenses `1,55,321/- 4 Loss of income during laid `39,000/-

up period 5 Loss of future amenities `40,000/- 6 Incidental expenses `20,000/-

          Total                           `7,66,121/-
                                                     M.F.A.103737/2017 c/w
                                                        MFA 103260/2017



      The     compensation         amount             shall        carry

interest @ 6% per annum from                         the date of

petition till realization.


      Since   the     liability    to        pay   compensation

amount is not in dispute, the insurer of the

offending Truck bearing registration No.KA-

22/C-4432 is directed to deposit the balance

amount of compensation with interest before the

Tribunal within a period of six weeks from the

date of receipt of certified copy of this order.

      The       amount             in              deposit            in

M.F.A.Nos.103260/2017              is        directed         to     be

transferred to the Tribunal for the purpose of

disbursement.

The order passed by the Tribunal insofar as

it relates to apportionment, disbursement and

deposit, etc., remains unaltered.

Accordingly, M.F.A.No.103737/2017 filed by

the claimant is dismissed.

M.F.A.103737/2017 c/w MFA 103260/2017

- 10 -

M.F.A.No.103260/2017 filed by the insurer is

partly allowed.

SD/-

JUDGE

KNM/-