Karnataka High Court
Mohammed Parhan vs The Manager on 14 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 1414 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1414 OF 2021 (MV)
BETWEEN:
MOHAMMED PARHAN
S/O NISAR AHAMED
AGED ABOUT 28 YEARS
R/AT NO.129, 5TH CROSS
DILEEP KUMAR ROAD
SOUTH BLOCK, SHANTHINAGARA
MYSURU-570019
NOW R/AT C/O RAMACHANDRA
MAHADEVAPURA VILLAGE
S R PATNA TALUK
MANDYA DISTRICT-571438.
...APPELLANT
(BY SRI. VIJAY KUMAR T.,ADVOCATE)
AND:
Digitally signed
by
DHANALAKSHMI 1. THE MANAGER
MURTHY
Location: High
UNITED INDIA ASSURANCE CO LTD.,
Court of BALLAL CIRCLE
Karnataka
MYSURU CITY-570004.
2. A FAJIL PASHA
S/O ASLAM PASHA
AGED ABOUT 48 YEARS
R/A NO.5/3, 6TH B CROSS
KALI TEMPLE ROAD, SUBEDARA PALYA
YASAVANTHAPURA, BENGALURU-560022
...RESPONDENTS
(BY SRI. SHANKARA REDDY C.,ADVOCATE ADVOCATE FOR R1:
NOTICE TO R2 IS DISPENSED WITH)
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MFA No. 1414 of 2021
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 28.11.2019,
PASSED IN MVC NO.1711/2018, ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND MACT,
SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 28.11.2019 passed by MACT, Srirangapatna in MVC
No.1711/2018.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 03.11.2018 at about 09.15 a.m., on
Mysuru-Mahadevapura road, Opposite to Christian Burial
Ground, Mysore City, when the claimant was proceeding
on motor bike bearing Registration No.KA-09-HP-7466,
the driver of the Honda Deo Scooter bearing Registration
No.KA-04-JE-0651 drove the same in a rash and negligent
manner and dashed against the bike of the claimant. As a
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result of the aforesaid accident, the claimant sustained
grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of the
Act seeking compensation. It was pleaded that he spent
huge amount towards medical expenses, conveyance
charges, etc. It was further pleaded that the accident
occurred purely on account of the rash and negligent
riding of the offending vehicle by its rider.
4. On service of notice, the respondent No.2 appeared
through counsel and filed written statement in which the
averments made in the petition were denied. It was
pleaded that the petition itself is false and frivolous in the
eye of law. The age, avocation and income of the claimant
and the medical expenses are denied. It was further
pleaded that the quantum of compensation claimed by the
claimant is exorbitant. Hence, he sought for dismissal of
the petition.
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The respondent No.1 did not appear before the
Tribunal inspite of service of notice and was placed ex-
parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant himself was examined as PW-
1, Dr.T. S. Vasan was examined as CW-1 and Dr.Vijay L
was examined as CW-2 and got exhibited documents
namely Ex.P1 to Ex.P17 and Ex.C1 to Ex.C7. On behalf of
the respondents, neither examined any witness nor
exhibited any document. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
claimant sustained injuries. The Tribunal further held that
the claimant is entitled to a compensation of
Rs.11,50,330/- along with interest at the rate of 9% p.a.
and directed the Insurance Company to deposit the
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compensation amount along with interest. Being
aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant has raised the
following contentions:
a) Firstly, even though the claimant claims that he was
working as a Mechanic at Hero Show room, Mysore and
earning Rs.20,000/- per month, but the Tribunal has taken
the notional income as merely as Rs.7,500/- p.m.
b) Secondly, due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 7 days. Even after discharge from the hospital,
he was not in a position to discharge his regular work. He
has suffered lot of pain during treatment. Considering the
same, the compensation awarded by the Tribunal under
the heads of 'loss of amenities', 'pain and sufferings' and
other incidental expenses are on the lower side. Hence, he
sought for allowing the appeal.
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7. On the other hand, the learned counsel for the
Insurance Company has raised following counter
contentions:
a) Firstly, even though the claimant claims that he was
earning Rs.20,000/- per month, he has not produced any
documents to establish his income. In the absence of proof
of income, the Tribunal has rightly assessed the income of
the claimant notionally.
b) Secondly, considering the injuries sustained by the
claimant, discharge summary, wound certificate and
considering the age and avocation of the claimant, the
compensation awarded by the Tribunal under the heads of
'loss of amenities', 'pain and sufferings' and other
incidental expenses are just and reasonable and it does
not call for interference.
c) Lastly, in view of the Division Bench decision of this
Court in the case of Ms.Joyeeta Bose and others -v-
Venkateshan.V and others (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the
rate of interest awarded by the Tribunal at 9% p.a. on the
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compensation amount is on the higher side. Hence, he
sought for dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 03.11.2018
due to rash and negligent riding of the offending vehicle
by its rider.
10. The claimant claims that he was earning Rs.20,000/-
per month. He has not produced any documents to prove
his income. Therefore, in the absence of proof of income,
notional income has to be assessed. As per the guidelines
issued by the Karnataka State Legal Services Authority,
for the accident taken place in the year 2018, the notional
income has to be taken at Rs.12,500/- p.m.
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11. As per wound certificate, the claimant has sustained
abrasion on right parietal region of 3X2 cm, right black eye
and bleeding on nose. The Tribunal after taking into
consideration the deposition of the doctor and injuries
mentioned in the wound certificate, has rightly taken the
whole body disability at 60%. The claimant is aged about
30 years at the time of the accident and multiplier
applicable to his age group is '17'. Thus, the claimant is
entitled for compensation of Rs.15,30,000/-
(Rs.12,500*12*17*60%) on account of 'loss of future
income'.
12. The nature of injuries suggests that the claimant
must have been under rest and treatment for a period of
2 months. Therefore, the claimant is entitled for
compensation of Rs.25,000/- (Rs.12,500*2 months)
under the head 'loss of income during laid up period'.
13. Due to the accident, the claimant has suffered
grievous injuries and also undergone surgery. He was
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treated as inpatient for more than 7 days in the hospital.
He has suffered lot of pain during treatment and he has to
suffer with the disability stated by the doctor throughout
his life. Considering the same, I am inclined to enhance
the compensation awarded by the Tribunal under the head
of 'pain and sufferings' from Rs.40,000/- to Rs.45,000/-
and under the head of 'loss of amenities' from Rs.20,000/-
to Rs.30,000/-.
14. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
15. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this
Compensation under
Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 40,000 45,000
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Medical expenses 1,50,330 1,50,330
Food, nourishment, 7,000 7,000
conveyance and
attendant charges
Loss of income during 15,000 25,000
laid up period
Loss of amenities 20,000 30,000
Loss of future income 9,18,000 15,30,000
Total 11,50,330 17,87,330
16. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.17,87,330/-.
d) In view of judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
enhanced compensation shall carry interest at 6%
per annum.
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e) The Insurance Company is directed to deposit the
compensation amount along with interest
from the date of filing of the claim petition till the
date of realization, within a period of six weeks from
the date of receipt of copy of this judgment.
Sd/-
JUDGE
HA
