Karnataka High Court
Mohammed Fareed S/O Hameed vs Mohammed Gouse S/O Fakruddin Sab on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14922
MFA No. 21123 of 2012
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.21123/2012(MV-I)
BETWEEN
MOHAMMED FAREED S/O. HAMEED
AGE: 25 YRS, OCC: EX.CIVIL CONTRACTOR,
R/O THORANAGALLU VILLAGE,
SANDUR TQ,BELLARY DIST.
...APPELLANT
(BY SRI MANJUNATHA G PATIL, ADVOCATE)
AND
1. MOHAMMED GOUSE S/O. FAKRUDDIN SAB
MUSLIM: MAJOR, OWNER OF THE TIPPER LORRY
BEARING NO. KA-35/A-1883,
R/O GHORPADE NAGAR, THORANAGALLU RS,
SANDUR-TQ, BELLARY DIST.
2. M/S SHRIRAM GENERAL INSURANCE CO. LTD.,
BY ITS, MANAGER,
Digitally NO.10003-3-8, RIICO INDUSTRIAL AREA,
signed by
SUJATA SITAPURA, JAIPUR, RAJASTAN STATE.
SUBHASH
PAMMAR .....RESPONDENTS
(BY SRI NAGARAJ .C. KOLLOORI ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:16.03.2011 PASSED IN
MVC.NO.1121/2010 ON THE FILE OF THE MEMBER MACT-IX,
BELLARY, 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 COURT DELIVERED THE
FOLLOWING JUDGMENT.
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NC: 2023:KHC-D:14922
MFA No. 21123 of 2012
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 16.03.2011 passed by the
tribunal, in MVC No.1121/2010 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.
1) Mal-united sub trochatric fracture of left
femur and ramie of pubic with implant situ.
2) Power of right thigh muscle was reduced at
maximum multiple kiered over the right and
left thigh which are painful, absence of
extension of know and flexion of hip joint
and hip joint power is also reduced.
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3) Patient limbs towards left side and walks
with the help of crutches.
4) He has difficulty to standing, sitting cross
leg, restricted movements at the ankle joint,
difficulty to walking and running.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 45,000/-
2. Towards medical expenses. 1,97,000/-
3. Towards loss of amenities. 5,000/-
4. Towards loss of income during 23,000/-
treatment period.
5. Towards attendant charges. 3,000/-
6. Towards loss of earning 4,69,200/-
capacity.
7. Towards conveyance charges. 2,000/-
8. Towards nursing & nourishment 5,000/-
charges
9. Compensation towards future 10,000/-
marriage prospects
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10. Compensation towards future 10,000/-
medical expenses
Total: 7,69,200/-
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is on 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.60,000/- towards pain and suffering,
Rs.35,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.1,27,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.20,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.30,000/- towards loss of income during laid up period is
awarded.
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8. The doctor has stated that the claimant had
suffered 45% of physical disability to the whole body.
Therefore, considering the evidence of the doctor, 30%
functional disability is taken into consideration as the
claimant had suffered mal-united fracture and power of
right thigh muscle was reduced and other grievous
injuries. The claimant limps and walks with the help of
clutches.
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
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the case of injuries, certain income is to be added towards
loss of future prospects in life.
10. The accident is caused in the year 2010. The
claimant is a Civil Engineer, drawing a salary of
Rs.1,38,966/- per annum, which comes to Rs.11,580/-
p.m. The claimant was aged 24 years at the time of
accident. Therefore appropriate applicable multiplier is 18.
Hence, loss of future income due to disability is hereby
reassessed and quantified as Rs.11,25,576/- (Rs.11,580/-
+Rs.5,790/- x 30% x 12 x 18).
11. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 60,000/-
suffering.
2. Towards medical expenses. 1,27,000/-
3. Towards loss of amenities. 35,000/-
4. Towards loss of income during 30,000/-
laid up period and medical
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treatment period.
5. Towards incidental charges 20,000/-
like attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future earning 11,25,576/-
capacity.
Total: 13,97,576/-
12. Therefore, the claimant is entitled for total
compensation of Rs.13,97,576/- along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.7,69,200/- awarded by the
Tribunal.
13. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
dated 16.03.2011 passed by the tribunal,
in MVC No.1121/2010 stands modified.
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iii) The claimant is entitled for total
compensation of Rs.13,97,576/- along
with interest at the rate of 6% p.a. from
the date of petition till its realization.
iv) The claimant is not entitled for
interest for the delayed period of 247
days in filing the appeal.
v) The insurance company shall
deposit the amount within a period of
eight weeks from the date of receipt of a
copy of this judgment.
vi) Send back the trial Court records
along with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE
BNV
