Karnataka High Court
Maqtukshah Md. Rafique vs Mohmed Shafi And Anr on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:5788
MFA No. 202438 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 202438 OF 2017 (MV-I)
BETWEEN:
MAQTUKSHAH MD. RAFIQUE
S/O RAZAK PATEL,
AGE: 24 YEARS,
OCC: AGRICULTURE LABOUR NOW NIL,
R/O. SANGAVI, TQ: CHITTAPUR NWO
R/AT REHMAT NAGAR, OLD JEWARGI ROAD,
KALABURAGI-585101.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
Digitally signed
by SUMITRA
SHERIGAR 1. MOHMED SHAFI AND ANR
Location: HIGH S/O HAJI ALI, AGE: MAJOR OOCC: NTO KNOWN &
COURT OF WNER OF VEHICLE BEARING NO,KA-32/N-1959,
KARNATAKA
R/OO H.NOO.6-233, KHARI BOWLI,
KALABURAGI-585106.
2. ROYAL SUNDRAM ALLIANCE INSURANCE CO. LTD.,
SUNDRAM TOWERS 45 TH 46TH WHITES ROAD,
RAYPEMAH CHENNAI-600002, REG OFFICE -21
DATULLOR ROAD, CHENNAI-600006 REPT. BY ITS
AUTHORIZED OFFICER.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADV. FOR R2; R1-SERVED)
-2-
NC: 2024:KHC-K:5788
MFA No. 202438 of 2017
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO,
MODIFY THE JUDGMENT AND AWARD PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI IN MVC
NO.171/2015 DATED 04.10.2017 AND ALLOW THE APPEAL BY
ENHANCING THE COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claimant is in appeal being dissatisfied with the
award of Rs.7,05,300/- to him by the Tribunal.
2. The accident is not in dispute and also the liability to
pay the compensation with the insurer is also not in
dispute. The tribunal on assessing the evidence has come
to the conclusion that the claimant has suffered disability
but not to the extent of 52% as deposed by the doctors
and it has assessed the disability at 1/3rd of 52% i.e.,
17.33%. It has thereafter gone on to assess the notional
income of Rs.6000/- per month and has awarded the
following sums:
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Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 30,000/-
2. Loss of future income 2,20,300/-
Attendant, food and
3. 26,000/-
conveyance charges
4. Medical expenses 3,98,600/-
Loss of income during 10,400/-
5.
treatment
6. Loss of amenities 20,000/-
Total 7,05,300/-
3. The discharge summary produced as Ex.P8 indicates
that the claimant was admitted between 13.03.2014 to
02.04.2014 i.e., for nearly a month at Yashodhara Super
Specialty Hospital Private Limited and the final diagnosis
was stated as follows:
"Fibula T/F Plating.
Left Hemurus nailing Left Cerebellar Convescity EDH.
Multiple vermian contusion and SAH."
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4. It can also been seen from the discharge summary
that the claimant was brought to the hospital in an
unconscious state with the history of vomiting and
bleeding of the left ear along with progressive drowsiness.
The discharge summary also indicates that he was
operated and a hemurus nailing was done. It is also stated
therein that the claimant was operated for left cerebellar
convescity and the CT scan of the brain indicated an
occipital craniotomy.
5. Ex.P9 is another discharge summary of the same
hospital indicates that the claimant was once again
admitted to Yashodhara Super Specialty Hospital on
05.05.2014 and was discharged on 17.05.2014. The
discharge summary indicates that he was finally diagnosed
with having communicating hydrocephalus and he had
once again brought to the hospital in an unconscious state.
6. These discharge summaries, by themselves, indicate
that the claimant had suffered a head injury which
required the performance of a brain surgery. The doctor
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who was examined, was no doubt not the doctor who
treated him, but he has assessed the disability
neurologically at 52% having regard to the discharge
summaries.
7. In my view, the Tribunal ought not to have reduced
the disability to 17% when the discharge summaries by
themselves indicated that the claimant had suffered a
serious head injury and had a lingering effect due to the
said injuries. In that view of the matter, it would be proper
to assess the permanent disability at 50% as against
17.33% by the Tribunal.
8. The Tribunal has determined the monthly income of
the claimant notionally at Rs.6000/- since there was no
evidence of his actual income. In such cases, the sum of
Rs.7,500/- determined by the Karnataka State Legal
Services Authority for the year 2014 will have to be
applied.
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9. To the said amount, 40% of the said income would
have to be added towards future prospects, which would
result in the monthly income at Rs.10,000/-.
10. As the claimant was aged 22 years, as per the
decision of Sarla Verma and others vs. Delhi
Transport Corporation and another, (2009) 6 SCC
121, a multiplier of '18' would have to be applied.
Consequently, the claimant would be entitled to a sum of
Rs.8,10,000/- (Rs.10,000/- x 12 x 18 x 50%) towards loss of
future income.
11. The Tribunal has awarded a sum of Rs.30,000/-
towards pain and suffering and Rs.20,000/- towards loss
of amenities. Having regard to the fact that the claimant
was hospitalized twice and he had undergone a brain
surgery, it would be appropriate to enhance the said sum
to Rs.75,000/- and Rs.50,000/- respectively.
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12. The Tribunal has awarded a sum of Rs.26,000/-
towards food, attendant and conveyance charges. As the
claimant was hospitalized on two occasions for more than
a month, it would be appropriate to award a sum of
Rs.50,000/- towards attendant, food and conveyance
charges.
13. The sum of Rs.3,98,600/- awarded towards medical
expenses is confirmed as it is based on medical evidence.
14. The Tribunal has taken the loss of income during
laid-up period has only 52 days i.e., the period of his
hospitalization. In my view, it will have to be assessed that
the laid-up period will be taken as six months and
consequently the claimant would be entitled for a sum of
Rs.45,000/- under this head.
15. In all, the claimant will entitled for the following
sums.
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Compensation
Sl. awarded by this
No. Nature of Heads Court
(In Rs.)
1. Pain and suffering 75,000/-
2. Loss of future income 8,10,000/-
Attendant, food and
3. 50,000/-
conveyance charges
4. Medical expenses 3,98,600/-
Loss of income during laid up
5. 45,000/-
period
6. Loss of amenities 50,000/-
Total 14,28,600/-
16. Accordingly, the appeal is allowed in part.
17. Thus, the claimant is held entitled to the total
compensation of Rs.14,28,600/- as against Rs.7,05,300/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
18. The Insurance Company is directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
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19. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
