Karnataka High Court

Smt. Anjum Raees Mulla vs M/S Srs Travels on 14 February, 2025

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

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                                                       NC: 2025:KHC-D:3106-DB
                                                        MFA No. 102577 of 2023




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                           DATED THIS THE 14TH DAY OF FEBRUARY, 2025
                                             PRESENT
                           THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                               AND
                        THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
                        MISCELLANEOUS FIRST APPEAL NO.102577 OF 2023 (MV-I)
                   BETWEEN:
                   SMT. ANJUM RAEES MULLA
                   AGE. 44 YEARS, OCC. BUSINESS NOW NIL,
                   R/O. PLOT NO.1, MARUTI COLONY,
                   SHAHUNAGAR, BELAGAVI 590010.
                                                                 ...APPELLANT
                   (BY SMT. GEETHA K.M., ADVOCATE)

                   AND:
                   1. M/S. SRS TRAVELS
                      PROPRIETOR-K.T. RAJASHEKAR,
                      NO.65, JOGARADODDI, BIDADI,
                      INDUSTRIAL AREA, RAM NAGAR 562159,
                      (OWNER OF ASHOK LEYLAND SLEEPER COACH
                      BUS BEARING NO.KA-42/A-5836)

                   2.  THE NEW INDIA ASSURANCE CO. LTD.,
                       REPRESENTED BY DIVISIONAL OFFICE,
Digitally signed
by VISHAL              CLUB ROAD, BELAGAVI-590001.
NINGAPPA
PATTIHAL               (INSURER OF ASHOK LEYLAND SLEEPER COACH
Location: High
Court of
Karnataka,
                       BUS BEARING NO.KA-42/A-5836)
Dharwad
Bench
                                                         ...RESPONDENTS
                   (BY SMT. PREETHI SHASHANK, ADVOCATE FOR R2;
                   R1-NOTICE DISPENSED WITH)

                        THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988,
                   AGAINST JUDGMENT & AWARD DT.05.01.2023 PASSED IN MVC
                   688/2019 ON THE FILE OF II ADDL. DIST. JUDGE & MACT,
                   BELAGAVI,    PARTLY ALLOWING CLAIM PETITION FOR
                   COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.

                        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
                   DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                            NC: 2025:KHC-D:3106-DB
                                             MFA No. 102577 of 2023




CORAM:      THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
             AND
             THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

                           ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

This appeal is by the claimant who is rendered quadriplegic

because of the injury suffered in the road accident and she has

preferred this appeal against the judgment and award dated

05.01.2023 in M.V.C. No.688/2019 on the file of the II Additional

District Judge and M.A.C.T., Belagavi [for short, 'the Tribunal'].

The Tribunal has awarded a total sum of Rs.33,63,700/- along

with interest at the rate of 6% per annum under the following

heads.


                                                      Amount
         Sl.No.               Particulars
                                                       (in Rs.)
          1.      Loss of income due to permanent     25,04,175
                  disability
          2.      Pain and suffering                   1,00,000
          3.      Towards Medical expenses             4,69,526
          4.      Loss of amenities                      50,000
          5.      Attendant charges                    2,00,000
          6.      Transportation, food and extra         40,000
                  nourishment
                                   Total              33,63,701

This Court must observe that there is no dispute that the

Claimant is entitled for compensation and that the second

respondent, the Insurer of a sleeper bus [the coach], is liable to

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pay just and reasonable compensation to indemnify the owner of

the coach inasmuch as the Tribunal's award is satisfied.

2. Smt. Geetha K.M., the learned counsel for the

Claimant, submits that this Court's indulgence is sought on

enhancement under two grounds, [a] the Claimant's disability

that is assessed by the Tribunal, and [b] the amounts awarded

towards attendant charges and loss of amenities / pain and

sufferings. The learned counsel submits that it is indisputable, in

the light of the Doctor's evidence, that the Claimant has suffered

loss of mobility in both legs and control over her bowel and

bladder and she is confined to bed because of the injuries to her

spine, and therefore, the Tribunal could not have taken the

claimant's disability at 90%.

3. As against these submissions, Smt. Preethi

Shashank, the learned counsel for the Insurer, submits that in

the light of the Doctor's evidence that the Claimant can recover if

she is administered continuous physiotherapy, there need not be

any interference with the Tribunal's finding on the disability.

However, this Court is not persuaded by this submission. If the

Claimant is rendered paraplegic [as is borne out by the Doctor's

evidence] with loss of control over bowel and bladder and

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confined to bed, it is just and reasonable to infer that she suffers

100% disability and she will depend on somebody throughout her

life even to attend her everyday needs. In which event, the

functional disability must be assessed at 100%. If the disability is

assessed accordingly keeping the other parameters the same viz.,

monthly income at Rs.13,250/- with addition of 25% thereof

towards future prospects applying a multiplier of 14, the

Claimant will be entitled to addition of Rs.2,78,241/-.

Annual Income [Rs.13,250 X 12] Rs.1,59,000/- Addition towards Future prospects 25% Income with future prospects Rs.1,98,750/-

Loss of future income Rs.27,82,500/-

Amount awarded by Tribunal Rs.25,04,175/-

Enhanced loss of future income Rs.2,78,325/-

4. The Tribunal has granted a global sum of

Rs.2,00,000/- towards attendant charges opining that the

Claimant will have internal catheterization and will have to

undergo multiple surgeries and constant physiotherapy, which

means that she would always require an attendant. The

sufficiency of this amount must be assessed in the light of these

factors as also the cost that will have to be incurred if there is to

be a daily attendant to look after the Claimant. This Court is of

the view that it would be reasonable to opine that the Claimant

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cannot get any attendant unless she pays a minimum of

Rs.5,000/- per month but considering the fact that the entire

amount is being paid upfront which will also yield some interest,

it would be just and fair to award a total sum of Rs.4,00,000/-

including the amount of Rs.2,00,000/- awarded by the Tribunal.

5. The Tribunal has awarded Rs.1,00,000/- and

Rs.50,000/- towards pain and sufferings and loss of amenities

with just and reasonable compensation under other heads, there

can only be nominal enhancement under these two heads and for

ensuring that there is reasonable amount, the compensation

under these two heads is enhanced by a sum of Rs.25,000/-. The

details of the compensation are as follows:

By the Tribunal By this Court

Loss of income due to Rs.25,04,175/- Rs.27,82,500/- permanent disability

Pain and suffering Rs.1,00,000/- Rs.1,12,500/-

Towards medical Rs.4,69,526/- Rs.4,69,526/- expenses

Loss of amenities Rs.50,000/- 62,500/-

Attendant charges Rs.2,00,000/- Rs.4,00,000/-

Transportation, food and Rs.40,000/- Rs.40,000/- extra nourishment

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Total Rs.33,63,701/- Rs.38,67,026/-

            Enhanced                                     Rs.5,03,325/-

       Rounded off to                                    Rs.5,03,000/-

For the afore reasons, the following:

ORDER

[a] The appeal is allowed in part modifying the Tribunal's

judgment and award granting an additional

compensation of Rs.5,03,000/- along with interest at

6% per annum from the date of petition till the date

of payment.

[b] The Insurer shall deposit this amount within a period

of [6] six weeks from today.

[c] The Registry is directed to draw award accordingly

and transmit the records expeditiously.