Karnataka High Court
Chandrashekhar @ Raju S/O Rudrappa ... vs Gulam Ali Mohammad Kutti on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14921
MFA No. 24191 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.24191/2011(MV-I)
BETWEEN
CHANDRASHEKHAR @ RAJU,
S/O RUDRAPPA AVAKKANNAVAR,
AGE: 33 YEARS, OCC: PAINTER, R/O BDO
COMPOUND, KAKATIVES, BELGAVI.
... APPELLANT
(By Sri JAGADISH PATIL, ADVOCATE)
AND
1. GULAM ALI MOHAMMAD KUTTI,
AGE: MAJOR, OCC: AUTO DRIVER,
R/O H. NO. 3706, DARBAR GALLI,
BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, RAMDEV GALLI,
Digitally
BELGAUM (INSURER OF BAJAJ AUTO
signed by RICKSHAW NO. KA-22/A-9114)
SUJATA
SUBHASH ...RESPONDENTS
PAMMAR
(By Sri C.V. ANGADI, ADVOCATE FOR R2;
R1 - SERVED)
THIS MFA FILED U/SEC.173(1) OF M.V. ACT, AGAINST THE
JUDGMENT AND AWARD DATED:25.05.2011, PASSED IN M.V.C.
NO.165/2008 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE &
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELGAUM AT BELGAUM,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURTDELIVERED THE
FOLLOWING JUDGMENT.
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NC: 2023:KHC-D:14921
MFA No. 24191 of 2011
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 25.05.2011 passed by the
tribunal, in MVC No.165/2008 seeking enhancement of
compensation.
2. Heard the arguments and perused the material
placed before the Court.
3. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute
in this case.
4. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries.
i) Fractured mal-united mandible-
grievous hurt 20%.
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ii) Loss of two lower front teeth
Nos.32 and 41- grievous hurt (5% per
tooth) 10%.
iii) Damaged and broken two upper
teeth Nos.23 and 24 (3% per tooth)
grievous hurt 06%.
iv) Two impaired face skins scars
with restricted mouth opening - simple
hurt 06%.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 30,000/-
2. Towards medical expenses. 1,12,600/-
3. Towards conveyance, attendant 5,000/-
charges, nutrition & other
incidental charges
4. Towards loss of earning during 12,000/-
treatment
5. Towards Loss of amenities 15,000/-
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6. Towards loss of earning due to 86,400/-
disability
Total: 2,61,000/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
Therefore, the same is required to be enhanced by
modifying the judgment and award.
7. Considering the injuries sustained, a
compensation of Rs.70,000/- towards pain and suffering,
Rs.50,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.1,12,600/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.25,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.17,000/- (Rs.4,250/- x 4 months) towards loss of
income during laid up period for a period of four months,
is awarded.
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8. The doctor has stated that the claimant had
suffered 70% of physical disability to the particular limb.
Therefore, considering the evidence of the doctor and
evidence on record, 35% functional disability is taken into
consideration as the claimant had suffered mal-united
fracture, two broken tooth, scar on the face and other
injuries.
9. Accordingly as per the age group mentioned in
National Insurance Company Limited vs. Pranay
Sethi and others, reported in (2017) 16 Supreme
Court Cases 680, and as per the Division Bench
judgment of this Court in New India Assurance
Company Vs. Abdul S/o Mehaboob Tahasildar in MFA
No.103807/2016 C/w. MFA Nos.103835/2016 &
103807/2018 and as per the judgment of the Hon'ble
Supreme Court in the case of Sidram vs. Divisional
Manager, United India Insurance Company Limited
and another reported in (2023) 3 SCC 439, even in the
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case of injuries, certain income is to be added towards loss
of future prospects in life.
10. The accident is caused in the year 2008.
Therefore, notional income of Rs.4,250/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 35 years at the time of accident. In view of the
decision of the Hon'ble Apex Court in case of National
Insurance Company Limited vs. Pranay Sethi and
others, reported in (2017) 16 Supreme Court Cases
680, 40% of the income is to be added towards loss of
future prospects in life. Therefore appropriate applicable
multiplier is 16. Hence, loss of future income due to
disability is hereby reassessed and quantified as
Rs.3,99,840/- (Rs.4,250/- + Rs.1,700/- = Rs.5,950/- x
35/100 x 12 x 16).
11. Thus, the claimant is entitled for total
compensation under various heads as under:
NC: 2023:KHC-D:14921
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 70,000/-
suffering.
2. Towards medical expenses. 1,12,600/-
3. Towards loss of amenities. 50,000/-
4. Towards loss of income during 17,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 25,000/-
attendant charges, food,
nourishment, conveyance, etc.,.
6. Towards loss of future earning 3,99,840/-
capacity.
Total: 6,74,440/-
12. Therefore, the claimant is entitled for total
compensation of Rs. 6,74,440/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.2,61,000/- awarded by the
Tribunal.
13. In the result, I proceed to pass the following:
ORDER
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i) The appeal is allowed in
part.
ii) The judgment and award
dated 25.05.2011 passed by the
stands modified.
iii) The claimant is entitled for
total compensation of
Rs.6,74,440/- along with interest
at the rate of 6% p.a. from the date
of petition till its realization.
iv) The insurance company
shall deposit the amount within a
period of eight weeks from the date
of receipt of a copy of this
judgment.
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v) Send back the trial Court
records along with a copy of this
judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
BNV
