Karnataka High Court
Abbas vs Chaithra M Jain on 1 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:4565
MFA No. 10517 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 10517 OF 2018 (MV-I)
BETWEEN:
ABBAS,
AGED ABOUT 31 YEARS,
S/O SRI. K. MAHAMMED,
R/AT 1-70, BORGAL GUDDE,
HADIYANGADI POST,
SHIRLAL VILLAGE,
KARKALA TALUK - 574 104.
...APPELLANT
(BY SMT. SWATI. G. HEGDE ADVOCATE
SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)
AND:
1. CHAITHRA M. JAIN,
AGED ABOUT 51 YEARS,
Digitally signed by JAI W/O B. MAHAVEER JAIN,
JYOTHI J
Location: HIGH COURT
R/AT KUSHMANDINI KRIPA,
OF KARNATAKA BAJAGOLI POST,
KARKALA TALUK - 574 112.
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO LTD.,
KARKALA BRANCH, P.B.NO.29,
2ND FLOOR, SUSHILA SANJIV ENCLAVE,
NEAR KARNATAKA BANK,
MARKET ROAD,
KARKALA - 574 104.
...RESPONDENTS
(BY SRI. O. MAHESH ADVOCATE FOR R2;
R1- NOTICE D/W V/O DATED 13.12.2022)
-2-
NC: 2024:KHC:4565
MFA No. 10517 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08/06/2018, PASSED IN MVC
NO.1068/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-claimant
challenging the judgment and award dated 08.06.2018
passed in MVC.No.1068/2017 by the Senior Civil Judge and
AMACT, Karkala, for seeking enhancement of compensation.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not disputed.
3. Heard the arguments from both sides and perused
the records.
4. The Tribunal has granted compensation under
various heads as follows:
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1 Pain and agony Rs. 80,000/-
2 Loss of amenities of life Rs. 40,000/-
3 Rest, nourishment and Rs. 20,000/-
attendant charges
4 Medical expenses Rs. 2,23,590/-
5 Conveyance Rs. 10,000/-
6 Loss of income during laid up Rs. 56,000/-
period
7 Loss of future income Rs. 2,07,360/-
8 Future medical expenses Rs. 50,000/-
Total Rs. 6,86,950/-
5. From the medical evidence on record, it is proved
that the claimant has suffered the following injuries:
i. Fracture of shaft of right femur
ii. Fracture tibia of right U/3
iii. Fracture L/E of right radius
iv. Fracture mandible
v. CLW over chin
6. Considering the compensation awarded as above
stated, under the heads injury, pain and suffering, loss of
amenities of life, incidental expenses such as food,
nourishment and attendant charges are found to be just and
proper, which needs no interference. Hence, it is kept in tact.
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7. The compensation awarded under the
head medical expenses is as per the actual bills produced,
which needs no interference. Hence, it is kept in tact.
8. The compensation awarded under the head future
medical expenses is found to be correct based on the
evidence. Hence, it is kept in tact.
9. The doctor has given evidence that the claimant
has suffered multiple fractures as above discussed and
therefore, assessed 28% as physical disability. The Tribunal
has taken only 9% of functional disability. The claimant is a
coolie by profession and certainly, the fractures to right
femur and tibia and fracture L/E of right radius causes
significant disability in earning capacity by working as a
coolie. Therefore, considering the nature of injuries
sustained, medical evidence and applying the principle of law
laid down in the case of Rajkumar V/s Ajaykumar &
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Anr1, it is just and proper to take 20% as functional
disability. Since, the claimant has suffered significant
disabilities of 20%, it affects his future prospects in life.
Therefore, certain income is to be added towards loss of
future prospects in life according to the age of the claimant.
As the claimant is aged 32 years, 40% of income is to be
added towards loss of future prospects in life. The accident is
caused in the year 2017, therefore, notional income would
be taken at Rs.11,000/- p.m. As the claimant is aged 32
years, the appropriate multiplier applicable is 16. Therefore,
the compensation under the head loss of future income due
to disability is re-assessed and quantified as follows:
Rs.11,000/- + 40% x 20% x 16 x 12=Rs.5,91,360/-
Accordingly, compensation of Rs.5,91,360/- is
awarded under the head loss of future income due to
disability.
(2011)/ SCC 343
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10. The compensation of Rs.66,000/- (Rs.11,000/-
pm., x 6 months) is awarded under the head loss of income
during laid up period as against Rs.56,000/- awarded by the
Tribunal.
11. Thus, in all, the appellant/claimant is entitled to
total compensation under various heads as follows:
1 Pain and agony Rs. 80,000/- Kept in tact
2 Loss of amenities of life Rs. 40,000/- Kept in tact
3 Incidental expenses such Rs. 20,000/- Kept in tact
as food, nourishment and
attendant charges
4 Medical expenses Rs. 2,23,590/- Kept in tact
5 Loss of income during Rs. 66,000/-
laid up period
6 Loss of future income Rs. 5,91,360/-
due to disability
7 Future medical expenses Rs. 50,000/- Kept in tact
Total Rs. 10,70,950/-
12. The Tribunal has granted interest at the rate
of 8% pa., and the same is scaled down to 6% pa. The
NC: 2024:KHC:4565
Tribunal has awarded compensation of Rs.6,86,950/-, but
the appellant/claimant is entitled to total compensation of
Rs.10,70,950/-. Hence, the appellant/claimant is entitled
to enhanced compensation of Rs.3,84,000/-
(Rs.10,70,950/- - Rs.6,86,950/-). Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.3,84,000/- along with interest at the rate of 6% per
annum from the date of petition till realization, in addition to
what has been awarded by the Tribunal.
13. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award dated
08.06.2018 passed in MVC.No.1068/2017 by the
Senior Civil Judge and AMACT, Karkala, is modified.
iii. The appellant/claimant is entitled to enhanced
compensation of Rs.3,84,000/- along with interest
at the rate of 6% per annum from the date of
NC: 2024:KHC:4565
petition till realization, in addition to what has been
awarded by the Tribunal.
iv. No order as to costs.
v. The appellant/claimant is not entitled for interest for
the delay period of 71 days in filing the appeal.
vi. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
vii. Draw award accordingly.
Sd/-
JUDGE
PB
