Karnataka High Court
Mr. Nazeer Pasha @ Malik Pasha vs M/S Tata Aig General Insurance Co. ... on 21 June, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A.NO.6764 OF 2016 (MV-I)
BETWEEN:
MR. NAZEER PASHA @ MALIK PASHA,
S/O ABDUL RASHEED,
AGED ABOUT 41 YEARS,
RESIDING AT 16/8,
9TH MAIN ROAD,
NEAR ELAHI NURSING HOME,
PADARAYANAPURA,
MYSORE ROAD,
BANGALORE-560 026. ...APPELLANT
(BY SRI GURUDEV PRASAD K.T, ADV.)
AND:
1. M/S TATA AIG GENERAL INSURANCE
CO., LTD. 69, 2ND FLOOR
J P & DEVI JAMBUKESHWARI
ARCADE, MILLERS ROAD
BANGALORE-560 052,
BY ITS MANAGER.
2. MR JAVEED KHAN,
MAJOR,
S/O KHASIM KHAN,
R/AT NO.28, 7TH MAIN
GURAPPANAPALYA,
2
BANNERGHATTA ROAD,
BANGALORE-560 029. ...RESPONDENTS
(BY SRI RAVI S SAMPRATHI, ADV. FOR R1,
V/O/DT: 06.03.2020, NOTICE TO R2 IS DISPENSED)
----
THIS M.F.A. IS FILED UNDER SECTION 173 (1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED 27.05.2016
PASSED IN MVC NO.1117/2015, ON THE FILE OF THE MEMBER
PRINCIPAL M.A.C.T, BENGALURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation challenging the judgment
and award dated 27.05.2016 in MVC No.1117/2015 passed
by the Member Principal Motor Accident claims Tribunal,
Bengaluru, (CCH-1).
2. For the sake of convenience, parties are
referred as per their rank before the Tribunal.
3. Heard the learned advocate for the appellant
and the learned advocate for respondent No.1. Notice to
respondent No.2 is dispensed as there is no dispute as to
the liability of the insurer.
4. Brief facts of the case:-
On 04.01.2015 at about 5.00 p.m., the petitioner
along with others was in Id-milda procession. The
procession was proceeding on the left side of K.R. Road
and when it came near Annakutira Hotel, K.R. Market, LGV
Tempo bearing registration No.KA-20-934 being driven at
high speed, rashly and negligently came from K.R. Road
and dashed against pedestrians including the petitioner.
The injured including the petitioner were shifted to the
Victoria Hospital. The petitioner was aged 40 years
engaged in scrap material business earning Rs.15,000/-
per month at the time of the accident is the claim. He
incurred Rs.1,50,000/- for treatment and suffered
permanent disability in the further claim. Therefore sought
compensation of Rs.20,00,000/-.
5. The Tribunal after appreciating the evidence on
record awarded the compensation as under:-
i) Injury, Pain and Suffering Rs.75,000/-
ii) Medical expenses Rs.90,875/-
iii) Loss of income during the Rs.42,000/-
laid-up period (7000X6)
iv) Attendant, conveyance and Rs.25,000/-
other miscellaneous
expenses
v) Loss of income on account of Rs.10,70,160/-
disability
vi) Loss of amenities of life Rs.50,000/-
vii) Compensation for the Rs.1,00,000/-
purchase of an artificial limb
Total Rs.14,53,035/-
6. The claimant being aggrieved said judgment
and award has preferred this appeal seeking enhancement.
7. There is no dispute over the fact that
respondent No.1 is the insurer with whom the vehicle of
respondent No.2 was insured. Hence, the question is
whether the claimant is entitled for the enhancement of
compensation?
8. The claimant was aged 40 years at the time of
the accident and according to him, he was earning
Rs.15,000/- per month from his scrap material business.
The claimant sustained deformity and swelling of right leg,
pelvic compression and swelling over the left knee joint
and type III B open fracture of right both leg bones and
lateral malleolus. The evidence of the doctor would
disclose that the petitioner has suffered a fracture of the
tibia and fibula and was an inpatient from 24.02.2015 to
04.03.2015. And again the petitioner was admitted as
inpatient from 11.03.2015 to 03.03.2015. During the said
period right lower limb was amputated above the knee and
80% disability is assessed by the doctor. In the absence
of the proof relating to the income, for the accident of the
year 2015, as per the chart prepared by the Karnataka
State Legal Services Authority, Rs.9000/- is to be taken as
notional income. Since the petitioner was aged 41 years
at the time of the accident, 25% is added towards future
prospects. Thus, the monthly income of the petitioner
would be Rs.11250X14 (Multiplier)X12 (months) X17/100
(Percentage of disability) =13,23,000/-. The Tribunal has
awarded Rs.10,70,160/- under loss of income due to
disability. Thus enhancement under the said head would
be Rs.2,52,840/-.
9. The Tribunal has awarded compensation
Rs.75,000/- under the head of pain and suffering.
Considering the prolonged hospitalization and the nature of
the injuries, and disability suffered by the petitioner, this
Court deems it appropriate to award Rs.1,00,000/- under
the said head.
10. The Tribunal has awarded Rs.25,000/- towards
attendant, conveyance and other miscellaneous expenses.
This Court deems fit to award Rs.30,000/- considering the
injury and hospitalization.
11. The loss of income during the period of laid-up
Rs.42,000/- awarded by the Tribunal is enhanced to
Rs.54,000/- (9000X6=54000) considering the monthly
income @ Rs.9000/-.
12. The Tribunal has awarded Rs.50,000/- towards
loss of amenities of life, same does not require any
modification.
13. As regards future medical expenses looking to
the nature of the injuries sustained by the claimant,
Rs.1,25,000/- is awarded towards future medical expenses
and the purchase of an artificial limb as against the
amount of Rs.1,00,000/- by the tribunal.
14. The claimant is entitled to compensation as
awarded by this Court which is as under:-
i) Injury, Pain and Suffering Rs.1,00,000/-
ii) Medical expenses Rs.90,875/-
iii) Loss of income during the Rs.54,000/-
laid-up period (9000X6)
iv) Attendant, conveyance and Rs.55,000/-
other miscellaneous
expenses
v) Loss of income on account Rs.13,23,000/-
of disability
vi) Loss of amenities of life Rs.50,000/-
vii) Compensation for the Rs.1,25,000/-
purchase of an artificial
limb
Total Rs.17,97,875/-
Less the amount awarded Rs.14,53,035/-
by the Tribunal
Rs.3,44,840/-
15. The enhanced compensation is Rs.3,44,840/-
Hence, the following:-
ORDER
(i) Appeal is allowed in part. The impugned judgment
and award dated 27.05.2016 passed by the Principal
Motor Accident Claims Tribunal, Bangalore (SCCH-1) in
MVC No.1117/2015 is modified.
(ii) The appellant/claimant is entitled to enhanced
compensation of Rs.3,44,840/- along with interest @ 6%
p.a. from the date of the petition till realisation.
(iii) The respondent/insurance company shall deposit
the amount within eight weeks after deducting the
amount already paid.
(iv) In all other aspects, the award of the Tribunal is
undisturbed.
Sd/-
JUDGE
HD
