Karnataka High Court
Krishna vs Syed Nawab And Anr on 28 May, 2024
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MFA No. 202811 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO.202811 OF 2023 (MV-I)
BETWEEN:
KRISHNA S/O VASANTHRAO MANUR,
AGE: 55 YEARS, OCC: POSTAL ASST,
AT BIDAR POST OFFICE,
R/O H.NO. 19-1 VASANTH VIHAR,
VAIDIKH NAGAR, NEW ADARSH COLONY,
BIDAR,
DIST. BIDAR- 585401
...APPELLANT
(BY SRI SANTOSH BIRADAR, ADVOCATE)
Digitally signed
by AND:
KHAJAAMEEN L
MALAGHAN 1. SYED NAWAB S/O SYED JEELANI,
Location: HIGH AGE: MAJOR, OCC: BUSINESS,
COURT OF R/O H.NO. 13-956 MANGASIHAT,
KARNATAKA HYDERABAD-5000026(TELANGANA).
2. THE BRANCH MANAGER
TATA AIG INSURANCE CO.LTD,
SHOP NO. 17-4-108/109, 1ST FLOOR,
BIDAR 585401.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 02.01.2024 NOTICE TO R1 D/W)
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MFA No. 202811 of 2023
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THE APPEAL, MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 30.04.2022 PASSED BY THE
COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC
AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT BIDAR IN MVC
NO.553/2018 AND ENHANCE COMPENSATION AS PRAYED FOR.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is a claimant's appeal claiming for enhancement
of compensation awarded by the II-Addl. Senior Civil
Judge & JMFC, Bidar (hereinafter referred to as 'the
Tribunal' for short) in MVC No 553/2018 dated
30.04.2022.
2. For the sake of convenience, the parties are
referred to as per their ranks before the Tribunal.
3. Brief facts of the case of the petitioner are that
on 02.03.2019 at about 6:30 p.m. the petitioner was
proceeding on a motorcycle bearing Reg.No.KA-38/H-1842
on Bidar-Kamthana road; when he reached near Bellura
village, he met with an accident due to rash and negligent
driving of Omni car bearing Reg.No.AP-09/E-9807 by its
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driver. As a result of which petitioner sustained severe
injuries all over the body, left knee and vascular injury to
left leg with acute limb ischemia, posterior dislocation of
left knee and complete tear of ligament of left knee. He
was admitted in the government hospital, Bidar, thereafter
shifted to Yashodha hospital at Hyderabad and was
admitted as inpatient for ten days and after discharge
from the said hospital, he had regularly attended the said
hospital for follow up treatment. He was aged about 50
years at the time of accident and serving as a postal
assistant in post office at Bidar. Due to injuries sustained
in the accident, he has been suffering from severe pain
and permanent disability. With these reasons he prayed
to award compensation of Rs.29,00,000/-.
4. Respondent No.2/insurer denied the contents of
the claim petition. It was also contended that accident had
taken place due to negligence of claimant in riding the
motorcycle. Therefore, prayed to dismiss the claim
petition.
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5. From the rival contentions of the parties, the
Tribunal had framed the necessary issues for its
determination.
6. The claimant to prove his case examined
himself as PW.1 and got marked Exs.P1 to 9. Respondents
have not led any evidence.
7. The Tribunal after hearing both the parties and
on appreciating the evidence available on record, partly
allowed the petition by impugned judgment dated
30.04.2022 and awarded the following amount of
compensation.
Sl.No. Heads Amount
1. Loss of future income -Nil-
2. Pain and suffering Rs. 1,50,000/-
3. Medical expenses Rs. 6,69,765/-
4. Loss of income Rs. 30,000/-
during laid up period
5. Food and nourishment, Rs. 25,000/-
conveyance and
attendant charges
6. Loss of future amenities Rs. 30,000/-
7. Future medical expenses Rs. -Nil-
Total Rs. 9,04,765/-
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8. The learned counsel for the appellant has
contended that the amount of compensation awarded by
the Tribunal is on the lower side. The claimant has been
serving as a postal employee; he did not examine treated
doctor to prove his disability. The Tribunal on the basis of
the available materials and medical records ought to have
awarded more amount of compensation towards loss of
future amenities. The claimant was aged about 50 years
at the time of accident. Due to vascular injuries and tear
of ligament of left knee, he has been suffering from severe
pain while walking, standing, etc. These facts were not
considered by the Tribunal. After his retirement and
during evening of his life he may have to suffer more pain
and agony or may be dependent upon others. These facts
ought to have been considered by the Tribunal and
awarded compensation.
9. The learned counsel for the petitioner has
further contended that the Tribunal has also awarded very
meager amount of compensation under the head food,
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nourishment, conveyance and attendant charges. The
petitioner had taken treatment in multi specialty hospital
situated at Hyderabad. For follow up treatment, he had
frequently attended the said hospital. Since he was
suffering from severe pain in the leg, he could not travel
by public vehicles. He travelled either by an ambulance or
by taxi and spent huge amount towards the same. He did
not obtain receipt for payment of the taxi charges; only on
that ground, the Tribunal did not award more amount of
compensation towards incidental expenses. Therefore,
prayed to enhance the compensation under the said
heads. He has also submitted that even the amount of
compensation awarded under the head pain and suffering
is also on the lower side, which needs to be enhanced.
10. Learned counsel for the respondent has
submitted that the Tribunal on the basis of the available
materials has awarded just and reasonable amount of
compensation and it does not call for any interference by
this Court. The claimant is the government servant.
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Therefore, question of loss of future earning capacity do
not arise. He had not sustained any severe fractures or
suffering from permanent disability from doing his regular
work. He has not examined the doctor who treated him in
the hospital at Hyderabad. Therefore, he was not able to
prove that he was suffering from permanent disability. He
has also not produced documents to show that he had
spent huge amount towards transportation charges etc.
Therefore, prayed to dismiss the appeal.
11. The fact of the accident and petitioner had
sustained injuries mentioned in the wound certificate as
well as discharge summary are not in dispute. The
Tribunal after considering the evidence on record held that
accident had taken place due to rash and negligent driving
of the driver of the car. It is also not in dispute that
petitioner is a government servant and serving in post
office. Therefore, question of loss of future earning
capacity due to injuries sustained in the accident do not
arise.
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12. Undisputedly the claimant had taken treatment
initially at government hospital at Bidar, thereafter had
taken treatment in multi specialty hospital at Hyderabad.
He was admitted as inpatient for ten days and said to be
underwent surgery. He had also said to be taken follow up
treatment after discharge from the hospital. Medical
records show that he had sustained severe injuries to the
left leg. It might be difficult for him go in a public vehicle
to Hyderabad from Bidar wherein he was residing at the
time of accident. Therefore, he might have hired taxi or
ambulance to go to hospital to take up follow up
treatment. Since he had sustained vascular injury along
with tear of ligament, it requires long term follow up
treatment. Considering these facts the amount of
compensation awarded under the head food, nourishment,
conveyance and attendant charges needs to be enhanced.
13. The petitioner met with an accident at the age
of 50 years. As rightly submitted by the learned counsel
for the petitioner, after his retirement due to age and loss
of strength in the left leg due to the injuries sustained in
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the accident, he has to suffer sever pain and it may cause
inconvenience to him to walk, stand for long time etc. He
might have lost several amenities due to the said injuries.
The Tribunal did not consider these facts. Therefore, the
compensation awarded under the head loss of future
amenities needs to be enhanced.
14. For the aforesaid reasons, the compensation
under the head referred above needs to be enhanced.
Accordingly, the following amount is awarded.
Sl. Heads Amount Amount
No awarded by awarded by
the Tribunal this court
1. Loss of future income -Nil- ---
2. Pain and suffering Rs.1,50,000/- Rs.1,50,000/-
3. Medical expenses Rs.6,69,765/- Rs.6,69,765/-
4. Loss of income Rs.30,000/- Rs.30,000/-
during laid up period
5. Food and nourishment, Rs.25,000/- Rs.50,000/-
conveyance and
attendant charges
6. Loss of future amenities Rs.30,000/- 1,05,000/-
7. Future medical expenses -Nil- --
Total Rs.9,04,765/- Rs.10,04,765/-
Enhancement Rs.1,00,000/-
15. In all the petitioner is entitled for enhancement
of compensation of Rs.1,00,000/-.
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16. It is not in dispute that the respondents are
owner and insurer of the offended vehicle they are liable
to pay the compensation. Accordingly, I pass the
following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award passed by
the II-Addl. Senior Civil Judge & JMFC-Bidar &
MACT-Bidar, in MVC.No.553/2018 dated
30.04.2022 is modified.
iii. An amount of Rs.1,00,000/- is enhanced in
addition to compensation awarded by the
Tribunal along with interest at the rate of 6%
p.a. on the enhanced amount from the date of
petition till its realization.
iv. The respondent No.2 - insurance company
shall deposit the said amount with interest
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within a period of two months from the date
of receipt of a copy of this order.
v. The enhanced amount of compensation is not
much and petitioner is a Government Servant.
Accident had taken place during 2009,
therefore considering all these facts there is
no need to direct the petitioner to deposit part
of the above said amount in fixed deposit.
vi. The Tribunal is directed to release the entire
enhanced amount of compensation with
interest in favour of the petitioner/appellant
after due verification.
vii. The registry is directed to send back the Trial
Court records to the concerned Court.
Sd/-
JUDGE
SDU
CT:PK
