Karnataka High Court
Sri Sharief vs Sri S Muneer on 1 February, 2024
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NC: 2024:KHC:4516
MFA No. 8079 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 8079 OF 2014 (MV-I)
BETWEEN:
1. SRI SHARIEF
S/O SRI. N.L. KARIM,
AGED ABOUT 35 YEARS,
(DEAF AND DUMB, REPRESENTED
BY HIS WIFE SMT. ZEENATH),
RESIDING AT GOLIPADPU HOUSE,
MUDIPU, MANGALORE 575001.
...APPELLANT
(BY SRI. MATEEN KHAN, ADVOCATE FOR
SRI. MOHAMMED AKHIL., ADVOCATE)
AND:
1. SRI S MUNEER
S/O SRI. S KUNHIMONU,
AGED ABOUT 39 YEARS,
RESIDING AT
Digitally signed
by BHARATHI SAJIPANDAU JUNCTION HOUSE,
S BANTWAL TALUK 574211.
Location: HIGH
COURT OF
KARNATAKA 2. FUTURE GENERAL INDIA
INSURANCE COMPANY LTD
11TH FLOOR, INLAND AVENUE,
M.G.ROAD, BALLAL BAGH,
MANGALORE 575001.
...RESPONDENTS
(BY SRI. G RAVISHANKAR SHASTRY., ADVOCATE FOR R1
SRI. H S LINGARAJ, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.04.2014 PASSED IN MVC
NO.1823/2012 ON THE FILE OF THE IV ADDITIONAL DISTRICT
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NC: 2024:KHC:4516
MFA No. 8079 of 2014
JUDGE & MEMBER, MACT, D.K, MANGALORE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
The above appeal is filed by the claimant challenging the
judgment and award dated 29.4.2014 passed in MVC
No.1823/2012 by the IV Additional District Judge and Member,
MACT, D.K., Mangaluru1, seeking for enhancement of the
compensation.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The Tribunal by judgment and award dated
29.4.2014 has awarded a compensation of `34,600/-
(erroneously stated as `2,14,600/- in the judgment and award
passed by the Tribunal) together with interest at 6% pa., and
directed respondent No.2 - insurer to deposit the compensation
awarded. The finding of the Tribunal on negligence and liability
is not under challenge. Hence, the only aspect that is required
to be considered in the present appeal is whether the quantum
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:4516
of compensation awarded by the Tribunal is required to be
enhanced.
4. The claimant was aged 32 years as on the date of
the accident i.e., 21.7.2012. Hence, the appropriate multiplier
to be applied is 16 as has been assessed by the Tribunal.
5. It is forthcoming from the wound certificate (Ex.P4)
as well as the disability certificate (Ex.P11) that the claimant
has sustained fracture of the left calcanium, right tibia and left
radius. The claimant was treated as an inpatient for a total
period of 16 days. The doctor has assessed the disability at
23.5% to the left lower limb and the Tribunal has assessed the
same at 6% to the whole body, which is just and proper.
6. The claimant is a deaf and dumb person who stated
that he was working as a stone cutter. However, no documents
have been produced to prove the income. Hence, the Tribunal
has assessed the income as `5,000/- pm. Having regard to the
fact that the claimant has not produced any document to prove
his income, the same is required to be reassessed as notional
income as per the chart followed for settlement of claims in the
Lok Adalath conducted by the Legal Services Authority and
NC: 2024:KHC:4516
having regard to the date of the accident i.e., 21.7.2012, the
income is reassessed as `7,000/- pm.
7. Having regard to the aforementioned, the
compensation awarded by the Tribunal is reassessed as follows:
7.1 The Tribunal has awarded a sum of `60,000/-
towards pain and suffering, `20,000/- towards future medical
expenses, `30,000/- towards loss of income during laid up
period and `40,000/- towards loss of amenities and future
unhappiness, which are just and proper and remains unaltered.
7.2 The Tribunal has awarded a sum of `20,000/-
towards medicine and hospital charges. It is noticed that the
claimant has produced medical bills for a total sum of `33,632/-
Hence, it is just and proper that the compensation towards
medical expenses be reassessed as `35,000/-.
7.3 The Tribunal has awarded a sum of `2,000/-
towards nourishment and `5,000/- towards attendant and
conveyance charges. Having regard to the nature of injuries
sustained and the period of treatment, it is just and proper that
the compensation under the said heads be reassessed
cumulatively as `15,000/-.
NC: 2024:KHC:4516
7.4 The compensation towards loss of future income is
reassessed at (`7000/-x12x16x6%) `80,640/- as against
`57,600/- awarded by the Tribunal.
8. Accordingly, the total compensation under various
heads is reassessed as follows:
Sl.No. Heads Amount awarded Amount
by the Tribunal (`) awarded by this
Court (`)
1. Pain and suffering 60000.00 60000.00
2. Medicine and 20000.00 35000.00
hospital charges
3 Nourishment- 7000.00 15000.00
`2000/-
Attendant and
conveyance charges-
`5000/-
4 Future medical 20000.00 20000.00
expenses
5 Loss of income 30000.00 30000.00
during treatment
period
6 Loss of amenities 40000.00 40000.00
and future
unhappiness
7 Loss of future 57600.00 80640.00
income
Total 234600.00 280640.00
(the total is
wrongly shown as
`2,14,600/-)
NC: 2024:KHC:4516
9. Hence, the claimant is entitled for enhanced
compensation of (`2,80,640 - `2,34,600) `46,040/- together
with interest at 6% p.a.
10. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 29.4.2014 passed
in MVC No.1823/2012 by the IV Additional District
Judge and Member, MACT, D.K., Mangaluru, is
modified to the extent stated herein. In all other
respects, the judgment and award of the Tribunal
remains unaltered;
iii) The claimant is entitled to enhanced compensation
of `46,040/- with interest at 6% per annum from
the date of petition till its realization in addition to
the compensation awarded by the Tribunal;
iv) Respondent No.2 - Insurance Company is directed
to deposit the said compensation together with
accrued interest within a period of eight weeks from
the date of receipt of a copy of this judgment;
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v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
claimant;
vi) The Registry to draw the modified award
accordingly.
No costs.
Sd/-
JUDGE
ND
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