Karnataka High Court
Amer S/O Anwar vs Arun And Anr on 5 April, 2024
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NC: 2024:KHC-K:2858
MFA No. 201958 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.201958 OF 2019 (MV-I)
BETWEEN:
AMER S/O ANWAR,
AGE: 20 YEARS,
OCC: LABOUR (NOW NIL),
R/O H.NO.7-1-44/1,
KASIM NAGARAM,
SADASHIVAPET,
SANGAREDDY DISTRICT,
NOW RESIDING AT SAIDAPUR,
TQ. & DIST. YADGIR.
...APPELLANT
(BY SRI SANGANBASAVA B. PATIL, ADVOCATE FOR
SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
Digitally
signed by
SACHIN AND:
Location:
HIGH COURT
OF
KARNATAKA
1. ARUN
S/O NIVRUTTI BHUJIBALI,
AGE: 39 YEARS,
OCC: OWNER OF CAR
BEARING REG. NO.MH-24/V-8660,
R/O ASHIRVAD NIWAS,
RAMAKRISHNA NAGAR, AUSA,
TQ: AUSA, DIST: LATUR.
(MAHARASHTRA STATE)
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS DIVISIONAL MANAGER,
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NC: 2024:KHC-K:2858
MFA No. 201958 of 2019
CLAIMS DEPARTMENT,
HEAD CUSTOMER SERVICE CENTER,
K.S.C.M.F. BUILDING,
3RD FLOOR, 3RD BLOCK,
CUNNINGHAM ROAD,
BANGALORE-52.
...RESPONDENTS
(SMT. SANGEETA BHADRASHETTI, ADVOCATE FOR
SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R-2;
V/O DTD. 30.11.2022 NOTICE TO R-1 IS HELD SUFFICENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 26.08.2019
PASSED IN MVC NO.70/2018 BY THE SENIOR CIVIL JUDGE
AND MACT-II, YADGIR BY ENHANCING THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION.
THIS APPEAL COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Sanganabasava B. Patil, learned counsel
who is representing Sri Veeranagouda Maliptial, learned
counsel on record for the appellant as well as
Smt. Sangeeta Bhadrashetty, learned counsel who argued
on behalf of Smt. Preeti Patil Melkundi, learned counsel on
record for respondent No.2.
2. Seeking for enhancement of compensation, the
present appeal is filed by the claimant disputing the order
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that is rendered by the Motor Accident Claims Tribunal-II,
Yadgir in MVC No.70/018 dated 26.08.2019.
3. Arguing in respect of the merits of the matter,
learned counsel for the appellant contends that the
appellant sustained two grievous injuries due to the
accident and the same is established before the Tribunal
by producing Ex.P10 - Wound Certificate and Ex.P11 -
Discharge Summary. Learned counsel also states that the
appellant took extensive treatment as inpatient and
incurred heavy expenditure for the said treatment.
Learned counsel also states that the appellant as a
labourer was earning Rs.15,000/- per month and due to
the accident, he lost his earning capacity. But, the Tribunal
took the notional income as Rs.7,000/- per month, which
is unjustifiable. Learned counsel also states that though
the appellant sustained two grievous injuries, a sum of
Rs.6,000/- only is awarded under the head 'pain and
sufferings and mental agony', which is improper. Learned
counsel thereby seeks for enhancement of compensation.
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4. Smt. Sangeeta Bhadrashetty, who is
representing Smt. Preeti Patil Melkundi, learned counsel
for respondent No.2 submits that basing on the facts and
circumstances of the case, the appeal may be disposed of.
5. It is not in dispute that the appellant sustained
Hemorrhagic contusion of right basifrontal region. It is also
not in dispute that he also sustained fracture of frontal
bone on right side. The contents of Ex.P11 - Discharge
Summary reveals that the appellant was admitted at
Owaisi Group of Hospitals on 18.06.2017 and he was
discharged on 20.06.2017.
6. The Tribunal rightly considered the disability in
respect of whole body as 12%. However, it took the
notional income as Rs.7,000/- per month, where even the
State Legal Services Authority is taking the notional
income for the accidents that occurred in the year 2017 as
Rs.10,250/- per month. Keeping all the other parameters
intact i.e., the appropriate multiplier to be applied as '18',
the disability as 12% and adding 40% towards future
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prospects, the loss of future income due to disability
comes to Rs.3,71,952/- (Rs.10,250 + 40% x 12 x 18 x
12%).
7. Together with the said amount, this Court is of
the view that the appellant is entitled for Rs.30,000/-
under the head 'pain and suffering'. Also, having
considered the nature of injuries sustained, the appellant
would have taken bed rest at least for a period of two
months. Thus, loss of earnings during laid up period comes
to Rs.20,500/-. Also, this Court is of the view that the
appellant is entitled for Rs.5,000/- towards food,
nourishment, conveyance charges and attendant charges.
The medical expenses awarded by the Tribunal i.e.,
Rs.44,787/- needs no interference.
8. Thus, the total compensation which the
appellant is entitled to under different heads would be as
under:
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Sl. Heads Amount Amount
No. awarded by awarded by
the Tribunal this Court
1. Loss of future income Rs.1,81,440/- Rs.3,71,952/-
due to disability
2. Pain and sufferings and Rs.6,000/- Rs.30,000/-
mental agony
3. Loss of income during Rs.750/- Rs.20,500/-
laid up period
4. Medical expenses Rs.44,787/- Rs.44,787/-
5. Food and nourishment, Rs.20,750/- Rs.5,000/-
conveyance charges and
attendant charges
6. Loss of amenities Rs.20,000/- --
Total Rs.2,73,727/- Rs.4,72,239/-
Rounded off to Rs.2,74,000/-
9. In the light of the foregoing discussion, the
following:
ORDER
i. The appeal is allowed in part.
ii. The amount awarded as compensation by the
Motor Accident Claims Tribunal-II, Yadgir
through orders in MVC No.70/2018 dated
26.08.2019 is enhanced from Rs.2,74,000/- to
Rs.4,72,239/-.
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iii. The enhanced amount shall carry interest at the
rate of 6% p.a. from the date of petition till the
date of deposit.
iv. The second respondent is directed to deposit
the enhanced amount with interest within a
period of eight weeks from the date of receipt
of copy of this order.
v. On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
JUDGE
LG
