Karnataka High Court
Syed Hayath vs Nagaraja on 3 January, 2024
-1-
NC: 2024:KHC:321
MFA No. 1683 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 1683 OF 2013 (MV)
BETWEEN:
1. SYED HAYATH
S/O SYED UMAR SAB
AGED ABOUT 35 YEARS
R/O MALEBENNUR VILLAGE
HARIHAR TALUK
...APPELLANT
(BY SRI. S RAGHAVENDRA ., ADVOCATE)
AND:
1. NAGARAJA
S/O HALAPPA
AGED ABOUT 27 YEARS
R/O HOLESIRIGERE VILLAGE
HARIHAR TALUK
2. B HALAPPA
Digitally
signed by S/O KENCHAPPA B
BHARATHI S AGED ABOUT 56 YEARS
Location:
HIGH COURT R/O HOLESIRIGERE VILLAGE
OF
KARNATAKA HARIHAR TALUK
3. THE BRANCH MANAGER
THE IFFCO-TOKIO GENERAL INSURANCE CO LTD
NO.41, 2ND FLOOR, CRISTU COMPLEX,
NEAR MANDAVI MOTORS,
LAVELLE ROAD
BANGALORE-560001
...RESPONDENTS
(BY SRI. D.VIJAYA KUMAR., ADVOCATE FOR R3,
NOTICE TO R1 & R2 IS DISPENSED WITH V/O DTD 3.7.2015)
-2-
NC: 2024:KHC:321
MFA No. 1683 of 2013
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 1.10.2012 PASSED IN MVC
NO.17/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR,
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 above appeal is filed by the claimant challenging
the judgment and award dated 1.10.2012 passed in MVC
No.17/2011 by the Senior Civil Judge, Harihar 1 and seeking
enhancement of the compensation awarded.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The relevant facts necessary for consideration of
the present appeal are that on 6.7.2010 the appellant2 was
traveling as a pillion rider in motor cycle bearing No.KA-
16/K.1632 and when proceeding on Ranibennur Road, a
truck bearing No.KA-17/E.6383 came from the opposite
direction and hit the motor cycle causing the accident. The
claimant sustained injuries in the said accident. Claiming
Hereinafter referred to as the 'Tribunal'
Hereinafter referred to as the 'claimant'
NC: 2024:KHC:321
compensation for the same, he filed MVC No.17/2011
arraying owner and insurer of the truck as respondents. The
said proceedings was contested before the Tribunal. The
claimant examined himself as PW.1 and the doctor as PW.2.
Exs.P1 to P15 were marked in evidence. The policy of
insurance is marked as Ex.R1. The Tribunal, upon an
appreciation of the oral and documentary evidence allowed
the claim petition and awarded a compensation of
`1,50,025/- together with interest at 6% p.a., and directed
the third respondent - insurer to deposit the compensation
awarded. Being aggrieved, the claimant has filed the
present appeal for enhancement of the compensation
awarded.
4. It is forthcoming that in the accident the claimant
has suffered fracture of both bones of the right leg. The
discharge card (Ex.P8) discloses the date of admission as
6.7.2010 and the date of discharge as 20.7.2010. Hence, the
claimant was an inpatient for a period of 15 days. In the
disability certificate (Ex.P10) issued by the doctor, it is
stated that the claimant has suffered a functional disability at
NC: 2024:KHC:321
25% to 30%. The Tribunal has assessed the permanent
disability at 10% to the whole body, which is just and
proper.
5. The age of the claimant was 34 years as on the
date of the accident and he was doing scrap business. The
Tribunal has assessed the income of the claimant as `130/-
per day (`4,500/- per month). The said income assessed by
the Tribunal is required to be re-assessed by taking the
income of the claimant at `5,500/- per month having regard
to the chart that is being followed for settlement of cases in
Lok Adalat by the High Court Legal Services Authority. The
age of the claimant being 34 years, the Tribunal has
assessed the multiplier at 16 which is just and proper.
6. Having regard to the aforementioned, the
compensation awarded by the Tribunal is required to be re-
assessed and enhanced as follows:
6.1 The compensation of `40,000/- awarded towards
pain and suffer is just and proper.
NC: 2024:KHC:321
6.2 The Tribunal has awarded a compensation of
`10,000/- towards discomfort in future life. The same be
construed as compensation towards loss of amenities which
is re-assessed at `15,000/-.
6.3 The medical expenses has been awarded in a sum
of `10,145/- which is just and proper.
6.4 The future medical expenses awarded at
`10,000/- is required to be re-assessed at `15,000/-.
6.5 The Tribunal has awarded `5,000/- towards
attendant charges, transportation, food and nourishment. In
view of the fact that the claimant was inpatient for 15 days,
it is just and proper that the compensation awarded under
the said head be re-assessed at `25,000/-.
6.6 It is noticed that the Tribunal has not awarded
any compensation towards loss of income during the laid up
period. In view of the fact that the claimant was inpatient
for 15 days, the laid up period is construed as 3 months and
a sum of `16,500/- is awarded under the said.
NC: 2024:KHC:321
6.7 The compensation awarded towards disability is
re-assessed (`5500/-x12x16x10%) at `1,05,600/-.
7. In view of the aforementioned, the compensation
re-assessed is as follows:
Sl.No Compensation Head Amount Amount
Awarded by awarded by
the Tribunal this Court (`)
(`)
1 Disability 74880.00 105600.00
2 Pain and suffering 40000.00 40000.00
3 Discomfort in future life 10000.00 15000.00
4 Future medical 10000.00 15000.00
expenses
5 Medical expenses 10145.00 10145.00
6 Medical attendant 5000.00 25000.00
charges, transportation
and nourishment
7 Loss of income during 0.00 16500.00
laid up period
Total 150025.00 227245.00
Accordingly, the Claimant is entitled to enhanced
compensation of (`227245 - `150025) `77220/-.
NC: 2024:KHC:321
8. In view of the aforementioned, I pass the
following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 1.10.2012 passed
in MVC No.17/2011 by the Senior Civil Judge,
Harihar, is hereby modified to the extent stated
herein. In all other respects, the judgment and
award of the Tribunal remains unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation in addition to the compensation
awarded by the Tribunal in a sum of `77,220/-
together with interest at 6% pa., from the date of
petition till its realization;
iv) The enhanced compensation together with
accrued interest is liable to be deposited by the
Respondent No.2 within six weeks from the date
of receipt of a copy of this order.
NC: 2024:KHC:321
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon is to be disbursed to the claimant.
vi) The Registry to draw the modified award
accordingly.
Sri D.Vijaykumar, learned counsel is permitted to file
vakalath for respondent No.3 within two weeks.
No costs.
Sd/-
JUDGE
