Sri Nazeer vs Mr Mohammed Amanulla
2024 Latest Caselaw 10520 Kant

Citation : 2024 Latest Caselaw 10520 Kant
Judgement Date : 18 April, 2024

Karnataka High Court

Sri Nazeer vs Mr Mohammed Amanulla on 18 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                               NC: 2024:KHC:15187
                                                           MFA No. 4147 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 18TH DAY OF APRIL, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.4147 OF 2015(MV-I)
                      BETWEEN:

                      SRI. NAZEER
                      S/O SYED GHOUSE PEER,
                      AGED ABOUT 40 YEARS,
                      NO.110, NADAPRABHU KEMPEGOWDA MAIN ROAD,
                      NEAR ANJANEYA TEMPLE, DASARAHALLI,
                      H.A.FARM POST, BANGALORE-24.
                                                              ...APPELLANT
                      (BY SRI. K.B.CHANDRASHEKARA SWAMY., ADVOCATE FOR
                           SRI. T.PARAMESHWARAPPA., ADVOCATE)

                      AND:

                      1.    MR. MOHAMMED AMANULLA
                            S/O MOHAMMED USMAN,
                            AGED: MAJOR,
                            NO.143, M.S.PALYA,
                            VIDYARANYAPURA POST,
Digitally signed by
PREMCHANDRA M R             BANGALORE-97.
Location: HIGH
COURT OF
KARNATAKA             2.    THE BRANCH MANAGER,
                            UNITED INDIA INSURANCE CO. LTD.,
                            NO.27/A, II FLOOR, 3RD CROSS,
                            THANGAVELU BUILDING,
                            NETHAJINAGARA,
                            JALAHALLY CROSS,
                            BANGALORE-57.
                                                                  ...RESPONDENTS
                      (NOTICE TO R1-DISPENSED WITH V/O DATED:19.12.2019;
                        BY SRI. S.KRISHNA KISHORE., ADVOCATE FOR R2)
                                    -2-
                                                   NC: 2024:KHC:15187
                                              MFA No. 4147 of 2015




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:11.11.2014
PASSED IN MVC NO.911/2013 ON THE FILE OF THE XXIII
ADDITIONAL SMALL CAUSES JUDGE, XXI ACMM, MACT, COURT
OF SMALL CAUSES, BENGALURU.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION,         THIS   DAY,   THE     COURT     DELIVERED          THE
FOLLOWING:
                              JUDGMENT

Sri.K.B.Chandrashekara Swamy., learned counsel on

behalf of Sri.T.Parameshwarappa., for the appellant and

Sri.S.Krishna Krishore., learned counsel for respondent No.2

have appeared in person.

2. Though the appeal is listed today for admission, it is

heard finally.

3. The claimant has preferred the captioned appeal

seeking enhancement of the compensation.

4. Learned counsel for the respective parties have

urged several contentions. Heard, the contentions urged on

behalf of the respective parties and perused the appeal papers

and also the records with utmost care.

NC: 2024:KHC:15187

5. The point that would arise for consideration is

whether the Claimant is entitled for enhanced compensation.

6. The Claimant's appeal is one for enhancement of

compensation and modification of the judgment. The grounds

urged in the present appeal are mainly relating to the meager

compensation awarded under different heads by the Tribunal.

The Claimant has suffered pain and agony owing to the injuries

sustained in the accident.

It is noticed that the Tribunal has awarded compensation

of Rs.1,17,000/- (Rupees One Lakhs Seventeen Thousand only)

towards Loss of future income. In the absence of any proof of

income, the chart prepared by the Legal Service Authority must

be taken into consideration. As per the chart, if the accident is

occurred in the year 2012, the salary of the injured must be

taken as Rs.7,000/- (Rupees Seven Thousand only) per month.

The age of the claimant was 48 years as on the date of

accident, hence the multiplier 13 is to be adopted.

At the time of calculation, learned counsel for the

claimant and Insurance Company jointly submits that the

NC: 2024:KHC:15187

disability may be assessed at 15%. Hence, the amount towards

loss of future income is calculated as under:

Rs.7,000/- X 12 X 13 X 15/100 = Rs.1,63,800/-.

7. Therefore, this Court deems it appropriate to re-

assess the compensation as under:-

1. Pain and Sufferings 40,000 + 10,000 Rs.50,000/-

2. Re-imbursement of 2,57,231 Rs.2,57,231/- Medical Expenses

3. Loss of future income 1,63,800 Rs.1,63,800/- 7,000 x 12 x 13 x 15%

4. Conveyance expenses 5,000 + 5,000 Rs.10,000/-

5. Loss of income during 7,000 x 3 Rs.21,000/-

laid up period Total: Rs.5,02,031/-

(Less) Compensation awarded by the -Rs.4,34,231/-

Tribunal:

Enhanced compensation awarded by Rs.67,800/-

this Court:

8. Hence, the following:

ORDER

1. The Miscellaneous First appeal is

allowed and the Judgment dated:11.11.2014

NC: 2024:KHC:15187

passed by the Court of the MACT, Small Causes

Court, Bengaluru (SCCH-25) in M.V.C No.911/2013

is modified to the extent stated hereinabove.

2. The claimant is entitled for the enhanced

compensation of Rs.67,800/- (Rupees Sixty Seven

Thousand Eight Hundred only) with interest at the

rate of 6% per annum from the date of the claim

petition till the date of realization.

3. The second respondent - Insurance

Company shall deposit the enhanced compensation

amount along with 6% interest within a period of

two months from the date of receipt of the certified

copy of this Judgment.