Karnataka High Court
Ramesh vs Mahaboob Fakirsab Nadaf on 10 April, 2024
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NC: 2024:KHC-D:6309
MFA No. 104207 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.104207 OF 2016 (MV-I)
BETWEEN:
RAMESH S/O. BASAPPA KOPPAD,
AGE: 24 YEARS, OCC: AGRICULTURE COOLIE,
R/O: BUDIGOPPA, TQ: BAILHONGAL,
DISTRICT: BELAGAVI.
...APPELLANT
(BY MISS. RUKMUNI PATIL, ADVOCATE FOR
SRI. SRINIVAS B.NAIK, ADVOCATE)
AND:
1. MAHABOOB FAKIRSAB NADAF,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: UDAKERI, TQ: BAILHONGAL,
DISTRICT: BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
RAMDEV GALLI, BELAGAVI.
Digitally
signed by
JAGADISH T R ...RESPONDENTS
Location:
HIGH COURT (BY SMT. ARUNA DESHPANDE, ADVOCATE FOR R2;
OF NOTICE TO R1 SERVED)
KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 16.10.2015 PASSED IN MVC
NO.2469/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 104207 of 2016
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the injured/claimant seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 16.10.2015 in MVC No.2469/2013
by the Senior Civil Judge and Addl. MACT, Bailhongal (for short,
'Tribunal').
2. Learned counsel for the appellant/claimant submits
that the Tribunals has committed grave error in assessing the
disability of the injured/appellant as the appellant has
sustained fracture of Tibial Spine and Fracture of Calcenium
and other injuries all over the body. Hence, she seeks to re-
assess the disability. She further submits that the award of
compensation by the Tribunal on other heads are also required
to be re-assessed by enhancing the same. She seeks to allow
the appeal.
3. Per contra, learned counsel for the respondent
No.2/Insurance Company supports the impugned judgment and
award of the Tribunal and submits that the Tribunal taking note
of the injuries suffered by the appellant/injured has rightly
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assessed the disability at 12% and who issued the Disability
Certificate is not a treated doctor and hence, the disability
assessed by the Tribunal is just and proper. She further
submits that there is a scope for enhancement of the
compensation under the head of loss of amenities. However,
the Tribunal has awarded excess compensation under the head
of pain and suffering, which may be adjusted. She seeks to
dismiss the appeal filed by the appellant/injured.
4. I have heard the arguments of learned counsel for
the appellant/injured and respondent No.2/Insurance Company
and also perused the material available on record.
5. It is not in dispute that the appellant met with road
accident on 16.10.2015 and sustained two major fractures
referred to supra. Considering the nature of fracture and also
considering the oral testimony of P.W.2 and disability certificate
at Ex.P.10, this court re-assesses the disability at 15% for the
purpose of determination of the compensation. Hence, the loss
of future income due to disability would be as under:
7000 x 12 x 18 x15%= Rs.2,26,800/-
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6. The Tribunal has awarded Rs.60,000/- under the
head of pain and sufferings. Taking note of the major fractures
suffered by the Appellant and the treatment provided to him, I
do not find any error in granting the said compensation to the
appellant/injured. This court taking note of the evidence of
P.W.2 and other medical evidence available on record, award
additional sum of Rs.10,000/- under the head of loss of
amenities.
7. Insofar as award of compensation by the Tribunal
on other heads are unaltered. The compensation amount
carries the interest at the rate of 6 % p.a.
8. Thus, in all, the appellant/claimant shall be entitled
to modified compensation under the following heads:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 60,000/-
Towards Medical expenses 15,000/-
Incidental expenses 20,000/-
Loss of future earnings due to disability 2,26,800/-
Loss of amenities 30,000/-
Loss of income during laid-up period 21,000/-
Total 3,72,800/-
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9. Thus, the claimant shall be entitled to total
compensation of Rs.3,72,800/- as against Rs.3,17,440/-
awarded by the learned Tribunal.
10. In the result, I proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total
compensation of Rs.3,72,800/- as against
Rs.3,17,440/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.
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e) The appellant/claimant shall not be entitled to
interest for the delayed period of 338 days as
per the order dated 25.9.2023.
f) On such deposit, the same shall be released
in favour of the appellant/claimant.
g) Draw modified award accordingly.
Sd/-
JUDGE
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