Karnataka High Court
Sri Mallayya S/O Hampayya vs Khaja Mohiuddin S/O Pakeersab And Ors on 3 January, 2024
-1-
NC: 2024:KHC-K:86
MFA No. 200149 of 2017
C/W MFA No. 200148 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.200149 OF 2017 (MV-INJ)
C/W
MISCL. FIRST APPEAL NO.200148 OF 2017(MV-INJ)
IN MFA NO. 200149/2017:
BETWEEN:
SRI NARASAPPA S/O HAMPAYYA @ HAMPAYYA KATA,
AGE: 27 YEARS,
OCC: AGRICULTURE & COOLIE (NOW NIL)
R/O: ADAVI KHANAPUR VILLAGE,
TQ: MANVI, NOW R/O RAMPUR VILLAGE,
TQ & DIST: RAICHUR-584101.
...APPELLANT
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
Digitally signed AND:
by
KHAJAAMEEN
L MALAGHAN 1. KHAJA MOHINUDDIN S/O PAKEERSAB
Location: High AGE: 33 YEARS, OCC: DRIVER OF CRUISER
Court of
Karnataka JEEP BEARING NO.AP-21/TW-1361,
R/O: KALLUR VILLAGE, TQ:MANVI,
NOW AT BEHIND CONVENT SCHOOL,
TQ & DIST: RAICHUR-584101.
2. SRI. MALLIKARJUN S/O SANNA BHEEMAPPA HARVI
AGE: MAJOR, OCC: OWNER OF CRUISER JEEP
BEARING NO.AP-21/TW-1361,
R/O: DINNI VILLAGE,
TQ & DIST: RAICHUR-584101.
-2-
NC: 2024:KHC-K:86
MFA No. 200149 of 2017
C/W MFA No. 200148 of 2017
3. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO., LTD.,
DIVISIONAL OFFICE, NEAR CANARA BANK,
RAICHUR-584101.
...RESPONDENTS
(BY SMT. ANURADHA M. DESAI, ADV. FOR R3;
V/O DATED 09.12.2022 NOTICE TO R1 AND R2 ARE
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT,
PRAYING TO CALL FOR RECORDS AND MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 14.11.2016 PASSED BY THE
PRL. SESSIONS JUDGE AT RAICHUR IN MVC.NO.428/2015.
IN MFA NO. 200148/2017:
BETWEEN:
SRI MALLAYYA S/O HAMPAYYA,
AGE: 32 YEARS,
OCC: AGRICULTURE & COOLIE (NOW NIL)
R/O: ADAVI KHANAPUR VILLAGE,
TQ: MANVI, NOW R/O RAMPUR VILLAGE,
TQ & DIST: RAICHUR-584101.
...APPELLANT
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
1. KHAJA MOHINUDDIN S/O PAKEERSAB
AGE: 33 YEARS, OCC: DRIVER OF CRUISER
JEEP BEARING NO.AP-21/TW-1361,
R/O: KALLUR VILLAGE, TQ:MANVI,
NOW AT BEHIND CONVENT SCHOOL,
TQ & DIST: RAICHUR-584101.
2. SRI. MALLIKARJUN S/O SANNA BHEEMAPPA HARVI
AGE: MAJOR, OCC: OWNER OF CRUISER JEEP
BEARING NO.AP-21/TW-1361,
R/O: DINNI VILLAGE,
TQ & DIST: RAICHUR-584101.
-3-
NC: 2024:KHC-K:86
MFA No. 200149 of 2017
C/W MFA No. 200148 of 2017
3. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO., LTD.,
DIVISIONAL OFFICE, NEAR CANARA BANK,
RAICHUR-584101.
...RESPONDENTS
(BY SMT. ANURADHA M. DESAI, ADV. FOR R3;
V/O DATED 09.12.2022 NOTICE TO R1 AND R2 ARE
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT,
PRAYING TO CALL FOR RECORDS AND MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 14.11.2016 PASSED BY THE
PRL. SESSIONS JUDGE AT RAICHUR IN MVC.NO.427/2015.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award passed in
MVC.Nos.428/2015 and 427/2015, the claimants are
before this Court seeking enhancement of compensation
by filing MFA.No.200149/2017 and MFA.No.200148/2017.
02. The Tribunal had disposed of two cases by way
of a common judgment. This Court is also disposing these
appeals by way of a common judgment.
NC: 2024:KHC-K:86
03. MFA.NO.200149/2017 arising out of
MVC.No.428/2015. Claim petition was filed seeking
compensation of an amount of Rs.26,00,00/- for the
injuries sustained by the claimant in the accident. Tribunal
had awarded an amount of Rs.2,82,438/-.
04. It is the case of the claimant that in the
accident he had sustained head injury and open
communited fracture of right tibia. He was in patient for
10 days and was aged about 25 years as on date of
accident. According to claimant, he is working as coolie
and earning amount of Rs.12,000/- per month. Tribunal
had taken Rs.6,000/- per month. As per evidence of the
Doctor - PW.3, claimant has to undergo another surgery
for removal of implants, for which he has to spent an
amount of Rs.25,000/-. It is also stated that there is a
permanent disability of 18% to the whole body, where
there is shortening of leg by 1/3rd cms. The Tribunal had
observed that disability at 18% is on the higher side and
taken the disability at 10%. The Tribunal had granted the
compensation under various heads as follows:-
NC: 2024:KHC-K:86
Sl. Heads Compensation
No. Awarded
1. For Pain and suffering Rs.30,000/-
2. For Medical Expenses Rs.66,838/-
For loss of earnings during the
3. period of treatment for 3 Rs.18,000/-
months @ Rs.6,000/- p.m.
4. For attendant's charges Rs.9,000/-
5. For special diet and nutrition Rs.9,000/-
food
6. For future medical expenses Rs.20,000/-
For loss of future earning
capacity due to permanent
7. disability caused to petitioner to Rs.1,29,600/-
the extent of 15% of whole
body
Total Rs.2,82,438/-
05. The learned counsel appearing for the claimant
submits that it is the case of the claimant that he is
earning an amount of Rs.12,000/- per month. The Tribunal
without any basis had taken only Rs.6,000/- per month
and awarded the compensation. When the claimant had
sustained two grievous injuries, the Tribunal had granted
only an amount of Rs.30,000/- under the head of pain and
NC: 2024:KHC-K:86
suffering. It is submitted that under the head of loss of
amenities, no amount was granted. It is submitted that
the compensation that was awarded, is not just and
reasonable compensation.
06. The learned counsel appearing for the
respondent - Insurance Company submits that though it is
claimed that the claimant is earning an amount of
Rs.12,000/- per month, but no evidence is adduced. The
Tribunal had rightly taken the income at Rs.6,000/-. He
further submits that on all the counts the compensation
that was awarded by the Tribunal is just and reasonable
and no grounds are made out for enhancement of the
compensation.
07. Having heard the leaned counsel on either side,
perused the entire material on record.
08. In this case, as per the evidence available on
record, the claimant had sustained head injury along with
open comminuted fracture of right tibia. The Tribunal has
granted only an amount of Rs.30,000/- under the head of
NC: 2024:KHC-K:86
pain and suffering. Considering the injuries under the head
of pain and suffering, this Court is granting an amount
of Rs.60,000/-. Then coming to the loss of income during
the treatment period, though no evidence is placed,
considering the accident of the year 2015, this Court is
taking the income at Rs.8,000/- per month. For three
months the claimant is entitled for an amount of
Rs.24,000/- under the head of loss of income during
the treatment period. Then coming to the disability,
where there is a shortening of leg, when the Doctor has
deposed that the claimant is having 18% disability, taking
10% of the disability is on the lower side. Hence,
considering the evidence of the doctor, the shortening of
leg, this Court is taking disability at 15%. As the income is
taken at Rs.8,000/-, Rs.8,000/- x 12 x 18 x 15/100 =
Rs.2,59,200/- is awarded under the head of loss of
future earning capacity. Under the head of attendant
charges, special diet and transportation, medical expenses
and future medical expenses, reasonable amounts were
granted by the Tribunal and no interference is called for.
NC: 2024:KHC-K:86
The Tribunal has not granted any amount under the head
of loss of amenities. Considering the disability and
shortening of the leg, this Court is granting an amount of
Rs.30,000/- towards loss of amenities.
09. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
Altogether claimant is entitled for compensation as
under:-
Sl. Heads Compensation Compensation
Awarded by the Awarded by this
No. Tribunal Court
01. For Pain and Rs.30,000/- Rs.60,000/-
suffering
02. For Medical Expenses Rs.66,838/- Rs.66,838/-
03. For loss of earnings
during the period of
treatment for 3 Rs.18,000/- Rs.24,000/-
months @ Rs.6,000/-
p.m. (Rs.8,000x3)
04. For attendant's Rs.9,000/- Rs.9,000/-
charges
05. For special diet and Rs.9,000/- Rs.9,000/-
nutrition food
(2014) 11 SCC 178
NC: 2024:KHC-K:86
06. For future medical Rs.20,000/-
Rs.20,000/-
expenses
07. For loss of future
earning capacity due
to permanent
disability caused to Rs.1,29,600/-
petitioner to the Rs.2,59,200/-
extent of 15% of
whole body
08. Loss of amenities - Rs.30,000/-
09. Legal Expenses - Rs.10,000/-
Rs.4,88,038/-
Total Rs.2,82,438/- (rounded of to
Rs.4,88,000/-)
10. MFA.NO.200148/2017 is arising out of
MVC.No.427/2015. The claim petition was filed seeking
compensation of an amount of Rs.26,00,000/- for the
injuries sustained by the claimant in the accident. The
Tribunal had awarded an amount of Rs.3,72,460/-.
11. It is the case of the claimant that because of
the injuries sustained in the accident there is open fracture
of olecranom process right side and fracture of
acetabulaum. He was in patient for 16 days and he was
- 10 -
NC: 2024:KHC-K:86
aged about 30 years as on the date of accident. According
to the claimant he was earning amount of Rs.12,000/- per
month by working as a coolie. The Tribunal has granted
compensation under various heads as follows:-
Sl. Heads Compensation
No. Awarded
1. For Pain and suffering Rs.40,000/-
2. For Medical Expenses Rs.80,816/-
For loss of earnings during the
3. period of treatment for 4 Rs.24,000/-
months @ Rs.6,000/- p.m.
4. For attendant's charges Rs.12,000/-
5. For special diet and nutrition Rs.12,000/-
food
6. For future medical expenses Rs.20,000/-
For loss of future earning
capacity due to permanent
7. disability caused to petitioner to Rs.1,83,600/-
the extent of 15% of whole
body
Total Rs.3,72,416/-
- 11 -
NC: 2024:KHC-K:86
12. The learned counsel appearing for the claimant
submits that it is the case of the claimant that he is
earning an amount of Rs.12,000/- per month. The Tribunal
without any basis had taken only Rs.6,000/- per month
and awarded the compensation. He further submits that as
per the evidence of the doctor there is 25% disability to
the whole body. The Tribunal had taken only 15% to the
whole body. He further submits that under the head of
pain and suffering, the amount that was awarded by the
Tribunal is on the lower side. The Tribunal ought to have
granted a just and reasonable compensation.
13. The learned counsel appearing for the
respondent - Insurance Company submits that though it is
claimed that the claimant is earning an amount of
Rs.12,000/- per month, but no evidence is adduced. The
Tribunal has rightly taken the income at Rs.6,000/-. He
further submits that on all the counts the compensation
that was awarded by the Tribunal is just and reasonable
and no grounds are made out for enhancement of the
compensation.
- 12 -
NC: 2024:KHC-K:86
14. Having heard the learned counsel on either
side, perused the entire material on record.
15. In this case, the claimant had sustained two
fractures. Under the head of pain and suffering, the
Tribunal had granted an amount of Rs.40,000/-.
Considering the two fractures and disability, this Court is
awarding an amount of Rs.60,000/- under the head of
pain and suffering. As far as the medical bills are
concerned, the Tribunal basing on the evidence on record
had granted an amount of Rs.80,816/- which is a
reasonable amount and as per the evidence. No
interference is called for. Then coming to the loss of
income during the treatment period, according to the
claimant he is earning an amount of Rs.12,000/- per
month. No doubt that no evidence is led. Considering the
fact that the accident of the year 2015, this Court as per
the chart prepared by the Karnataka State Legal Services
Authority, is taking the notional income of the claimant at
Rs.8,000/- per month. For four months under the head of
loss of income during the treatment period, the
claimant is entitled for an amount of Rs.32,000/- i.e.,
- 13 -
NC: 2024:KHC-K:86
Rs.8,000/- x 4. As the income is taken at Rs.8,000/-,
coming to the loss of future earning capacity, Rs.8,000/- x
12 x 17 x 15/100 = Rs.2,44,800/- is awarded under the
head of loss of future earning capacity. The Tribunal
has not awarded any amount under the head of loss of
amenities. Considering the disability sustained by the
claimant i.e., 15% to the whole body, under the head of
loss of amenities, this Court is granting an amount of
Rs.20,000/-. The Tribunal has granted compensation
under the head of attendants charges at Rs.12,000/-
and for special diet and nutrition food at Rs.12,000/-,
which are just and reasonable amount. Even under the
head of future medical expenses also reasonable amount
is granted by the Tribunal.
16. In the light of law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, claimant is entitled for
amount of Rs.10,000/- towards Legal Expenses.
Altogether claimant is entitled for compensation as
under:-
(2014) 11 SCC 178
- 14 -
NC: 2024:KHC-K:86
Sl. Heads Compensation Compensation
No. Awarded by the Awarded by this
Tribunal Court
01. For Pain and Rs.40,000/- Rs.60,000/-
suffering
02. For Medical Expenses Rs.80,816/- Rs.80,816/-
03. For loss of earnings
during the period of Rs.32,000/-
treatment for 4 Rs.24,000/- (Rs.8,000x4)
months @ Rs.6,000/-
p.m.
04. For attendant's Rs.12,000/- Rs.12,000/-
charges
05. For special diet and Rs.12,000/- Rs.12,000/-
nutrition food
06. For future medical Rs.20,000/-
Rs.20,000/-
expenses
07. For loss of future
earning capacity due
to permanent Rs.2,44,800/-
disability caused to Rs.1,83,600/-
petitioner to the
extent of 15% of
whole body
08. Loss of amenities - Rs.20,000/-
09. Legal Expenses - Rs.10,000/-
Rs.4,91,616/-
Total Rs.3,72,416/- Rounded of to
Rs.4,91,600/-
17. Accordingly, the appeal filed by the claimant in
MFA.No.200149/2017 is Allowed-in-part by enhancing
the compensation amount from an amount of
Rs.2,82,438/- to Rs.4,88,000/-.
18. Accordingly, the appeal filed by the claimant in
MFA.No.200148/2017 is Allowed-in-part by enhancing
the compensation amount from an amount of
Rs.3,72,416/- to Rs.4,91,600/-.
- 15 -
NC: 2024:KHC-K:86
(a) The enhanced amount shall carry interest @ 6% per
annum from the date of petition, till the date of
realization.
(b) Respondent-Insurance Company shall deposit the
said compensation amount with accrued interest
before the Tribunal within a period of 8 (Eight)
weeks.
(c) The Registry is directed to return the Trial Court
Record to the Tribunal along with the certified copy of
the order passed by this court forthwith without any
delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
Judge
KJJ
CT:VD
