Karnataka High Court
Mehaboob vs The Director And Anr on 1 March, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No.200995 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO.200995 OF 2022 (MV-I)
BETWEEN:
MEHABOOB
S/O MAKTHUM PATEL
AGE: 34 YEARS
OCC: PVT. SERVICE
R/O H.NO.146, MALGHAN
TQ: SINDAGI
DSIT: VIJAYAPURA - 586 128.
...APPELLANT
(BY SRI B.K.HIREMATH, ADVOCATE)
Digitally signed by AND:
VARSHA N
RASALKAR
Location: HIGH 1. THE DIRECTOR
COURT OF
KARNATAKA M/S ORION PRECAST PVT. LTD.
R/O NO.805, 14TH CROSS
1ST PHASE, J.P.NAGAR
BENGALURU - 560 078.
2. THE BRANCH MANAGER
ROYAL SUNDARAM
ALLIANCE INSURANCE CO. LTD.
KATTI BUILDING, SOLAPUR ROAD
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DATED 01.03.2024 NOTICE TO R1 IS DISPENSED WITH)
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MFA No.200995 of 2022
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 30.10.2021 PASSED BY IV ADDITIONAL
DISTRICT JUDGE AND M.A.C.T.-XIII, VIJAYAPURA IN M.V.C.
NO.771/2013 AND ENHANCE THE COMPENSATION AMOUNT AS
PRAYED FOR, HOLDING THE RESPONDENTS JOINTLY AND
SEVERALLY LIABLE TO PAY THE COMPENSATION TO THE
APPELLANT, IN THE INTEREST OF JUSTICE.
THIS MFA COMING ON FOR ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is by the claimant filed under Section
173(1) of the Motor Vehicles Act, 1988 being aggrieved by
the judgment and award dated 30.10.2021 passed by the
IV Additional District and Sessions Judge & MACT-XIII,
Vijayapura in MVC No.771/2013 and seeking enhancement
of compensation.
2. Facts giving rise to the filing of the appeal briefly
stated are that, on 14.03.2014, the claimant and his friend
Sri Abhishek were proceeding to Kanakapura from
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Bengaluru on Hero Honda Passion Motorcycle bearing
Reg.No.KA45/K-490. When they were near NICE Junction,
Near Bannergatta Road, at about 1.15 p.m., a Truck
bearing Reg.No.KA-05/AB-2163 came in a rash and
negligent manner and dashed the aforesaid motorcycle,
due to which, the claimant fell down and sustained
injuries. He was shifted to M.S. Ramaiah Hospital,
Bangalore, wherein he was admitted as an in-patient for
12 days and spent Rs.2 lakh towards treatment. It is
stated that the claimant is a skilled worker earning
Rs.9,486/- per month. Hence, the claimant filed claim
petition under Section 166 of the Act seeking
compensation for the injuries sustained in the road traffic
accident.
3. On service of summons, respondent No.1 did not
appear and hence he is placed ex parte. The respondent
No.2 appeared through counsel and filed written statement
denying the averments made in the claim petition.
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4. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant, in order to prove the case,
examined himself as PW-1 besides examining two
witnesses as PW-2 and 3 and got exhibited documents
namely Ex.P1 to Ex.P25. On behalf of respondents, neither
they examined any witness nor exhibited any document.
The Claims Tribunal, by the impugned judgment, inter
alia, held that the accident took place on account of rash
and negligent driving of the offending vehicle by its driver,
as a result of which, the claimant sustained injuries. The
Tribunal, upon considering the oral and documentary
evidence placed before it, held that the claimant is entitled
to compensation of Rs.1,81,720/- along with interest at
the rate of 6% p.a. and directed the Insurance Company
to deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
5. The learned counsel for the claimant has raised the
following contentions:
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a) Firstly, due to rash and negligent driving of the driver
of the offending vehicle, the claimant suffered grievous
injuries. He has examined the doctor as P.W.3, who has
deposed that the claimant has suffered 28% physical
disability. The Tribunal has not assessed the whole body
disability and has not granted compensation for loss
towards future income.
b) Secondly, considering the age, avocation and injures
suffered by the claimant, the compensation awarded by
the Tribunal under the heads 'pain and suffering' and 'loss
of amenities' and other incidental head is on the lower
side. Hence, he sought for enhancement of compensation
by allowing the appeal.
6. On the other hand, Sri Sudarshan M., the learned
counsel for the Insurance Company contends that the
injuries suffered by the claimant is, left zygomatic
maxillary complex fracture, which would not come in the
way of the claimant's day-to-day work. There is no
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permanent physical disability to assess loss of future
earning. Therefore, the Tribunal has considered the pain
and suffering suffered by the claimant, loss of amenities
and other head and granted just and reasonable
compensation. Hence, he sought for dismissal of the
appeal.
7. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
8. It is not in dispute that the claimant has suffered
injury in a road traffic accident occurred on 24.07.2017
due to rash and negligent driving of the driver of the Truck
bearing Reg.No.KA-05/AB-2163. Due to the above
accident, the claimant has suffered the following injuries:
"Left zygomatic maxillary complex
fracture and Dentoalvedan fracture and
palatal split"
9. The claimant has examined the doctor who treated
the claimant as P.W.3. The doctor, in his evidence deposed
that the claimant has suffered 28% physical disability. As
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per the evidence of the doctor and medical evidence, it is
very clear that disability suffered by the claimant is left
zygomatic maxillary complex fracture, dento-avealor
fracture in upper left anterior region and mid-platal split.
Apart from this, there is no permanent physical
disabilities. The disabilities suffered by the claimant will
not come into the day-to-day activities of the claimant.
Therefore, the Tribunal has rightly not granted any
compensation under the head 'loss of future income'.
Considering the evidence of doctor and for injuries
suffered by the claimant and considering the medical
records, we are of the opinion that the compensation
awarded by the Tribunal under the head 'pain and
suffering' has to be enhanced from Rs.30,000/- to
Rs.80,000/- and towards 'loss of amenities' the
compensation has to be enhanced from Rs.30,000/- to
Rs.60,000/-. The compensation awarded by the Tribunal
under other heads are just and reasonable. In the result,
we pass the following:
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ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is
modified.
c) The claimant is entitled to a total
compensation of Rs.2,61,720/- as against
Rs.1,81,720/- awarded by the Tribunal
along with interest at the rate of 6% per
annum.
d) The Respondent No.2 - Insurance Company
is directed to deposit the compensation
amount along with interest from the date of
filing of the claim petition till the date of
realization, within a period of six weeks
from the date of receipt of a copy of this
judgment.
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e) The Tribunal is directed to release the entire
compensation amount in favour of the
claimant after due identification.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;Vk
