Karnataka High Court
Zabiulla vs Nagaraj G.M on 7 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:19949
MFA No. 1675 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 1675 OF 2020 (MV-I)
BETWEEN:
ZABIULLA, S/O. UBEDULLA,
NOW AGED ABOUT 26 YEARS,
MANAGER, HMG STEELS, CHITRADURGA,
R/O. HIDAYATHPUR VILLAGE,
SIDDAPURA POST, CHITRADURGA TALUK,
PRESENTLY R/AT JOGIMATTI ROAD,
CHITRADURGA - 577 501.
...APPELLANT
(BY SRI. RANGEGOWDA N R., ADVOCATE)
AND:
1. NAGARAJ G.M.,
S/O. MALLESHAPPA, AGED MAJOR,
GUTTINADU VILLAGE, IYANNAHALLI POST,
HIREGUNTANUR HOBLI,
CHITRADUGA TALUK - 577 501.
2. THE BRANCH MANAGER,
Digitally signed by B
K RELIANCE GENERAL INSURANCE COMPANY LTD.,
MAHENDRAKUMAR JAGALURU MAHALINGAPPA COMPLEX,
Location: HIGH
COURT OF B.D. ROAD, CHITRADURGA - 577 501.
KARNATAKA
...RESPONDENTS
(BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.08.2019 PASSED IN MVC
NO.1107/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
CJM, ADDITIONAL MACT-III, CHITRADURGA,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:
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NC: 2024:KHC:19949
MFA No. 1675 of 2020
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of
the Motor Vehicles Act, 1988 challenging the award dated
03.08.2019 in MVC No.1107/2017 passed by the learned Principal
Senior Civil Judge and Addl. MACT-III, Chitradurga.
2. The claimant filed a claim petition under Section 166 of
the MV Act claiming just and proper compensation for having
sustained injuries on 21.10.2016 in a road traffic accident. The
Tribunal after appreciating the evidence on record awarded total
compensation of Rs.6,13,862/- with interest at the rate of 8% p.a.
from the date of petition till actual realization. Taking exception to
the same, this appeal is filed seeking enhancement of
compensation.
3. Heard the learned counsel for the appellant and
learned counsel for respondent-Insurance Company.
4. The claimant sustained crush injury to the lower part of
right foot involving ankle joint of both bones lower 1/3rd. Type 3
compound fracture, bones are exposed and foot hanging, open
wound on right knee joint, multiple observation over right deltoid,
right femur and right side of lower aspect of abdomen, open wound
of dorsum of left hand and other parts of the body.
5. The doctor who was examined as PW.2 has assessed
the physical disability of the claimant to the lower limb at 52%. The
Tribunal assessed the physical disability to the whole body at 15% .
NC: 2024:KHC:19949
6. The claimant was aged 25 years as on the date of the
accident. In the absence of proof of income, the notional income
has to be assessed as per the chart prepared by the Karnataka
State Legal Services Authority, for the accident that had taken
place in the year 2016, and the notional income is assessed at
Rs.9,500/- as against Rs.8,000/- assessed by the Tribunal.
Therefore, having regard to the nature of the injuries, avocation of
the claimant, the compensation awarded by the Tribunal is re-
assessed as follows:
As awarded As awarded
by the by this Court
Compensation under Tribunal
different Heads (Rs.)
(Rs.)
Pain and sufferings 30,000 75,000
Food, nourishment, 40,000 40,000
conveyance and attendant
charges
Loss of income during laid - 28,500
up period (9500*3)
Loss of amenities 90,000 90,000
Loss of future income 2,59,200 3,69,360
(9,500*12*18*18%)
Future medical expenses 1,94,662 1,94,662
Total 6,13,862 7,97,522
7. In the result, the appeal is allowed in part. The
judgment of the Claims Tribunal is modified. The claimant is
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entitled for a total compensation of Rs.7,97,522/- as against
Rs.6,13,862/- awarded by the Tribunal.
8. The enhanced compensation amount of Rs. 1,83,660/-
shall carry interest at the rate of 6% per annum from the date of
filing the petition till the date of realization. The enhanced
compensation to be deposited by the respondent-Insurance
Company within a period of three months from the date of receipt
of copy of this judgment.
To this extent, the impugned award stands modified.
Sd/-
JUDGE
RKA
