Karnataka High Court
Umar Farooq vs Shyama Kumar 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.1757 OF 2015 (MV-I)
BETWEEN:
UMAR FAROOQ,
S/O MUNEER AHMED PASHA,
AGED ABOUT 25 YEARS,
R/O LIG 183,
KUVEMPUNAGARA,
HASSAN - 573 201. ...APPELLANT
(BY SRI KUMARA K.G, ADV.)
AND:
1. SHYAMA KUMAR,
R/O MIG 5/1,
BEHIND BEERANAHALLI EXTENSION,
KUVEMPUNAGAR,
HASSAN - 573 201.
2. DIVISIONAL MANAGER,
NOTATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
OLD BUS STAND ROAD,
HASSAN - 573 201. ...RESPONDENTS
(BY SMT.GEETHARAJ, ADV. FOR R2,
V/O/DT: 08.06.2016, NOTICE TO R1 IS DISPENSED)
----
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 08.07.2014
PASSED IN MVC NO.1655/2012 ON THE FILE OF THE
PRESIDING OFFICER & ADDITIONAL MACT, FAST TRACK
2
COURT, HASSAN, 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 by the claimant seeking enhancement
of compensation challenging the judgment and award
dated 08.07.2014 in MVC No.1655/2012 passed by the
Fast Track Court and Additional MACT, Hassan.
2. For the sake of convenience, parties are
referred as per their ranks before the Tribunal.
3. Heard the learned advocate for the appellant
and the learned advocate for respondent No.2/insurer.
Notice to respondent No.1 is dispensed with as there is no
liability on the owner/respondent No.1.
4. There is no dispute over the fact that the
accident occurred on 22.01.2012. The claimant was a
pillion rider of the motorbike bearing Reg.No.KA-13-U-
6376. When the bike was near Devihali Gate on NH 48, the
rider of the bike drove the bike in a rash and negligent
manner and the bike fell into a roadside pit. The appellant
sustained injuries. He was a student aged 22 years. The
Tribunal after analysing the evidence on record and after
considering all the documents has awarded the
compensation as under:-
1 Pain and Suffering Rs.70,000/-
2 Actual medical bills Rs.2,72,455/-
3 Loss of income during the Rs.10,000/-
laid-up period
4 Attendant Charges (Rs.200 Rs.9,000/-
per day) 200X45=9,000/-
5 Food and Nutrition and Rs.15,000/-
Conveyance Charges
6 Loss of Amenities Rs.50,000/-
Total Rs.4,26,445/-
5. The claimant is in appeal seeking
enhancement.
6. The learned counsel for the appellant has
sought enhancement under the head future loss of income
as the Tribunal has not awarded the same and also under
the head of future medical expenses. His prayer is
confined to the above-said heads only.
7. The Learned counsel for respondent No.2
submits that claimant was a student at the time of the
accident and he was not having any source of income and
therefore, he is not entitled to compensation under the
head of future loss of income. Learned counsel further
submits that the claimant has not produced any materials
to prove that he has to incur medical expenses in future.
Under these circumstances, he prays for the dismissal of
the appeal.
8. This Court has perused the records and the
contentions raised by the learned counsel for the appellant
and respondent No.2.
9. The Tribunal has awarded compensation of
Rs.4,26,455/-. However, no compensation is awarded
under the head of loss of future income. There is no
dispute over that the claimant has undergone surgery.
The disability certificate is also issued by the doctor stating
that he has 14% disability to the left upper limb. Under
the circumstances, this Court is of opinion that though the
claimant was not earning at the time of the accident and
as per the chart prepared by the Karnataka State Legal
Services Authority, for the accident which has taken place
in the year 2012, the national income of Rs.7,000/- per
month has to be taken as the base. To assess the future
loss of income, 4.6% disability is taken into consideration.
Therefore, the compensation under the said head would be
Rs.7000X4.6% X 12(Month) X 18(Multiplier) =Rs.69,552/-.
10. The claimant has claimed compensation under
the head of expenses to be incurred for future medical
expenses. However he has not produced any documents to
show that he needs medical treatment in future. Thus no
compensation can be awarded under the said head.
11. Hence Rs.69,552/- is awarded under the head
of loss of future earning.
12. The claimant is entitled to compensation as
under:-
1 Pain and Suffering Rs.70,000/-
2 Actual medical bills Rs.2,72,455/-
3 Loss of income during the Rs.10,000/-
laid-up period
4 Attendant Charges (Rs.200 Rs.9,000/-
per day) 200X45=9,000/-
5 Food and Nutrition and Rs.15,000/-
Conveyance Charges
6 Loss of Amenities Rs.50,000/-
7 Loss of future earning Rs.69,552/-
Total Rs.4,96,007/-
Hence, the following:-
ORDER
(i) Appeal is allowed in part. The impugned judgment
and award dated 08.07.2014 passed by the Fast Track Court
and MACT, Hassan in MVC No.1655/2012 is modified.
(ii) The appellant/claimant is entitled to compensation
of Rs.4,96,007/- along with interest @ 6% p.a. from the date of
the petition till realisation within eight weeks.
(iii) The respondent/insurance company shall deposit
the amount after deducting the amount, if any, already paid.
(iv) In all other aspects, the award of the Tribunal is
undisturbed.
Sd/-
JUDGE
HD
