Karnataka High Court
Santosh S/O. Somappa Kamatar vs Mahaboobi W/O. Rasheed Shaikh on 4 April, 2024
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MFA No. 100746 of 2021
C/W MFA No. 100353 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100746 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100353 OF 2021
IN MFA NO.100746/2021
BETWEEN:
SHRI. SANTOSH S/O. SOMAPPA KAMATAR,
AGE: 39 YEARS, OCC: ADVOCATE AND AGRICULTURE,
R/O. TIMMAPUR VILLAGE, TQ: DHARWAD,
DIST: DHARWAD, PIN: 580009.
...APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. SMT. MAHABOOBI W/O. RASHEED SHAIKH,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. 47, A/3, HEENA MANJIL.
CHINDAMBER NAGAR, DHARWAD-580009.
Digitally signed
by JAGADISH T R 2. THE DIVISIONAL MANAGER,
Location: HIGH THE NEW INDIA ASSURANCE CO. LTD,
COURT OF MOTOR TP CLAIMS HUB, 2ND FLOOR,
KARNATAKA SRINATH COMPLEX, NEW COTTON
MARKET, HUBBALLI-580029.
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2020
PASSED IN MVC NO.439/2018 ON THE FILE OF THE IV ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, DHARWAD, ALLOWING THE CLAIM PETITION FILED
UNDER SECTION 166(1) OF MOTOR VEHICLES ACT.
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NC: 2024:KHC-D:6160
MFA No. 100746 of 2021
C/W MFA No. 100353 of 2021
IN MFA NO.100353/2021
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD,
MOTOR TP CLAIMS HUB, 2ND FLOOR,
SRINATH COMPLEX,
NEW COTTON MARKET,
HUBBALLI-560029,
NOW REPRESENTED BY
DULY CONSTITUTED ATTORNEY (S),
NEW INDIA ASSURANCE COMPANY
LTD, HUBBALLI.
...APPELLANT
(BY SRI. M. Y. KATAGI, ADVOCATE)
AND:
1. SANTOSH S/O. SOMAPPA KAMATAR,
AGE: 39 YEARS, OCC: ADVOCATE
AND AGRICULTURE,
R/O. THIMMAPUR VILLAGE,
TQ AND DIST. DHARWAD.
2. SMT. MAHABOOBI W/O. RASHEED SHAIKH,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. 47, A-3, HEENA MANJIL,
CHIDAMBAR NAGAR, DHARWAD.
...RESPONDENTS
(BY SRI. SHIVASAI M. PATIL, ADV. FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2020
PASSED IN MVC NO.439/2018 ON THE FILE OF THE IV ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, DHARWAD, AWARDING COMPENSATION OF
RS.10,93,911/- WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE
OF PETITION TILL ITS REALISATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 100746 of 2021
C/W MFA No. 100353 of 2021
JUDGMENT
MFA No.100746/2021 is filed by the claimant/injured
seeking enhancement of compensation and
MFA.No.100353/2021 is filed by the Insurance Company,
being aggrieved by the judgment and award dated
30.11.2020 passed in MVC.No.439/2018 by the IV Addl.
Senior Civil Judge & Addl. MACT., Dharwad (for short,
'Tribunal').
2. Heard Sri.M.Y.Katagi, learned counsel appearing
for the Insurance Company and Sri.Shivasai M.Patil, learned
counsel appearing for the claimant and.
3. Learned counsel Sri.M.Y.Katagi appearing for the
Insurance Company submits that the Tribunal has committed
grave error in awarding compensation under the head of loss
of future income as the injured is an Advocate by profession
and still he is continuing with his profession and his income
has substantially increased, hence, he cannot be awarded
compensation under the head of loss of future income. He
seeks to set aside the impugned judgment and award of the
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Tribunal to the aforesaid extent. He further submits that the
award of compensation on the other heads is just and proper
and does not call for enhancement. Thus, he seeks to allow
the appeal filed by the Insurance Company and dismiss the
appeal filed by the claimant.
4. Per contra, Sri.Shivasai M.Patil, learned counsel
appearing for the claimant supports the impugned judgment
and award of the Tribunal and submits that the
claimant/injured is an Advocate, however, he had other
source of income through agricultural activities which he is
not able to carry on the same, due to the accident in
question. He submits that claimant has sustained grievous
injuries and fracture and taken treatment in the hospital,
hence, he submits that the same is to be taken into account
and award appropriate compensation under the head of loss
of future income. Thus, he seeks to enhance the
compensation by allowing the appeal filed by the claimant.
5. I have heard the learned counsel appearing for
the Insurance Company and the learned counsel appearing
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for the claimant/injured. Perused the material available on
record.
6. It is not in dispute that the claimant is an
advocate by profession, practicing in a Court at Dharwad and
he has filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation for the injuries
sustained by him in a road accident dated 06.04.2018.
Admittedly, even after the accident, the claimant/injured is
continuing with his avocation/profession. Hence, this Court is
of the considered view that the claimant would not be
entitled to compensation under the head of loss of future
income. However, taking note of the loss and damage
caused to the claimant due to the accident, this Court
reassesses the award of compensation on other heads and
would award an additional sum of Rs.50,000/- under the
head of 'loss of amenities' and additional sum of Rs.10,000/-
under the head of 'attendant charges, extra diet and
conveyance'.
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7. The claimant is entitled to Rs.1,00,000/- under
the head of 'loss of income during laid-up-period' as against
Rs.40,000/- awarded by the Tribunal.
8. The claimant/injured is also entitled to
Rs.1,00,000/- under the head of 'future medical expenses'.
9. Insofar as award of compensation under the other
heads, is concerned, the same is unaltered. Thus, in all, the
claimant shall be entitled to modified compensation under
the following heads:
HEADS AMOUNT
(in Rs.)
Pain and suffering 50,000/-
Loss of amenities 60,000/-
Loss of income during laid-up-period 1,00,000/-
Attendant charges, extra diet and 30,000/-
conveyance
Medical expenses 1,09,911/-
Future medical expenses 1,00,000/-
Total 4,49,911/-
Thus, the claimant shall be entitled to total
compensation of Rs.4,49,911/- as against Rs.10,93,911/-
awarded by the learned Tribunal.
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10. In the result, this Court proceeds to pass the
following:
ORDER
a) Both the appeals are 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.4,49,911/- as against
Rs.10,93,911/- awarded by the Tribunal.
c) The enhanced compensation 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.
e) On such deposit, the same shall be released in
favour of the claimant/injured.
f) Registry to transmit the records and the
amount in deposit in MFA.No.100353/2021, if
any, to the Tribunal forthwith and the excess
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amount, if any, after re-assessment shall be
refunded to the Insurance Company.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
