Karnataka High Court
Mr Mahamood vs National Insurance Co Ltd on 22 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:7516
MFA No. 4508 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 4508 OF 2017 (MV-I)
BETWEEN:
MR. MAHAMOOD,
S/O LATE MAHAMMAD,
AGED ABOUT 54 YEARS,
R/A D.NO.9/164,
MAHAMMAD ALI ROAD,
LOWER BAZAR,
B.KASABA VILLAGE,
BANTWAL TALUK,
PRESENTLY R/A ZAM ZAM MANZIL,
PADEEL, MANGALORE - 575 005.
...APPELLANT
(BY SRI. GURUPRASAD B. R, ADVOCATE)
Digitally signed by JAI
JYOTHI J
Location: HIGH AND:
COURT OF
KARNATAKA
1. NATIONAL INSURANCE CO. LTD.,
II FLOOR, INLAND ORNATE BUILDING,
OPP: HOTEL OCEAN PEARL
KODIALBAIL,
MANGALORE - 575 003.
REPRESENTED BY ITS MANAGER.
2. MR. NEELAKANTA R. PARADKER,
S/O LATE RAJARAM PARADKER,
AGED 42 YEARS,
R/AT D.NO.2-12,
DURGA KRIPA HOUSE,
-2-
NC: 2024:KHC:7516
MFA No. 4508 of 2017
KARPE POST AND VILLAGE
SIDDAKATTE,
BANTWAL TALUK - 574 153.
...RESPONDENTS
(BY SRI. E.I. SANMATHI, ADVOCATE FOR R1(THROUGH V/C);
R2- NOTICE D/W V/O DATED :28.02.2022)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.11.2016 PASSED IN MVC
NO.28/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE
AND MEMBER, MACT-IV, DAKSHINA KANNADA, MANGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the claimant challenging the
judgment and award dated 26.11.2016 passed in
MVC.No.28/2015 by III Addl. District Judge & MACT-IV, D.K.,
Mangaluru, for seeking enhancement of compensation.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not in dispute.
3. Heard the arguments from both sides and perused
the records.
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4. The Tribunal has awarded the compensation under
various heads as follows:
1 Pain and sufferings Rs. 50,000/-
2 Medical expenses Rs. 4,00,000/-
3 Food and conveyance Rs. 15,000/-
during treatment period
4 Loss of income during Rs. 21,000/-
treatment period
5 Loss of future earning Rs. 1,38,600/-
capacity
6 Loss of amenities Rs. 25,000/-
7 Travelling expenses Rs. 40,000/-
(taxi hire charges)
Total Rs. 6,89,600/-
Rounded off to 6,90,000/-
5. From the medical evidence on record, it is proved
that the claimant has suffered the following injuries:
i. Reddish contused abrasion of 5x4 cm on the right
knee with fracture of upper end of tibia
ii. Laceration of 10x6 cm x bone deep on the lower
1/3rd of right leg with comminuted segmental
fracture of right tibia with fracture of fibula with
gross costamillation.
6. Considering the nature of injuries sustained, it is just
and proper to award compensation of Rs.75,000/- under the
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head injury, pain and sufferings as against Rs.50,000/-
awarded by the Tribunal.
7. The compensation of Rs.4,00,000/- awarded under
the head medical expenses is as per the actual bills produced.
Hence, it is kept in tact.
8. Further compensation of Rs.40,000/- is awarded
under the head loss of amenities as against Rs.25,000/-
awarded by the Tribunal.
9. The accident is caused on 22.10.2014. The doctor
has stated that the claimant has suffered 45% of physical
disability towards right lower limb and the Tribunal has taken
15% as functional disability towards whole body. The claimant
is working as an Assistant Manager in General Store. The job of
the claimant is not permanent one and therefore, due to
injuries sustained, he is not able to do work effectively as
before the accident, for which, the claimant is entitled for
compensation under the head loss of future income due to
disability as it affects his earning capacity. The assessment of
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functional disability is not mathematical or arithmetical
calculation, but it is based on avocation of the claimant and the
injuries and disability sustained. Accordingly, functional
disability is taken at 18%. The claimant was aged 52 years,
therefore, the appropriate multiplier applicable is 11.
Considering the year of accident as 2014, the notional income is
taken at Rs.8,500/- p.m. Therefore, compensation under the
head loss of future income due to disability is re-assessed and
quantified as follows:
Rs.8,500/- x 18% x 11 x 12=Rs.2,01,960/-
Accordingly, compensation of Rs.2,01,960/- is awarded
under the head loss of future income due to disability.
10. Further compensation of Rs.34,000/- (Rs.8,500/-
pm., x 4 months) is awarded under the head loss of income
during laid up period as against Rs.21,000/- awarded by the
Tribunal.
11. The claimant was inpatient for a period of 50 days
and he has taken treatment for about nine months after
discharge from the hospital. Therefore, compensation of
NC: 2024:KHC:7516
Rs.75,000/- is awarded under the head incidental expenses
like food, travelling, nourishment, attendant charges and
conveyance etc.,
12. Further compensation of Rs.25,000/- is awarded
under the head future medical expenses.
13. Thus, in all, the appellant/claimant is entitled to total
compensation as under:
1 Pain and sufferings Rs. 75,000/-
2 Medical expenses Rs. 4,00,000/- Kept in tact
3 Loss of future earning
Rs. 2,01,960/-
capacity due to disability
4 Loss of income during
Rs. 34,000/-
treatment period
5 Incidental expenses like
food, travelling,
nourishment, attendant
Rs. 75,000/-
charges and conveyance
etc.,
6 Loss of amenities Rs. 40,000/-
7 Future medical expenses Rs. 25,000/-
Total
Rs. 8,50,960/-
14. The Tribunal has awarded compensation of
Rs.6,90,000/-, but the appellant/claimant is entitled to total
NC: 2024:KHC:7516
compensation of Rs.8,50,960/-. Hence, the appellant/claimant
is entitled to enhanced compensation of Rs.1,60,960/-
(Rs.8,50,960/- - Rs.6,90,000/-). Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,60,960/- along with interest at the rate of 6% per
annum from the date of petition till the date of realization, in
addition to what has been awarded by the Tribunal.
15. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
26.11.2016 passed in MVC.No.28/2015 by III Addl.
District Judge & MACT-IV, D.K., Mangaluru, is
modified to the extent that the appellant/claimant is
entitled to enhanced compensation of
Rs.1,60,960/- along with the rate of interest at
6% per annum from the date of petition till the date
NC: 2024:KHC:7516
of realization, in addition to what has been awarded
by the Tribunal.
iii. No order as to costs.
iv. The appellant/claimant is not entitled for interest for
the delay period of 84 days in filing the appeal.
v. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
vi. Draw award accordingly.
Sd/-
JUDGE
PB
