Karnataka High Court
Irfan vs Mr.R.Kulandaival on 12 March, 2025
-1-
NC: 2025:KHC:10557
MFA No. 8631 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8631 OF 2013 (MV-I)
BETWEEN:
IRFAN,
S/O ABDUL MUNAF,
AGED ABOUT 23 YEARS,
C/O SHAFFI,
3RD MAIN, SHIVAJINAGAR,
BANGALORE - 560 001.
...APPELLANT
(BY SRI. VISHWANATHA K, ADVOCATE)
AND:
1. MR. R. KULANDAIVAL,
S/O RAMASWAMY,
Digitally MAJOR IN AGE,
signed by
R/O NO.2/104, ALANGKATTU KALLANAKATTU,
SUVARNA T
VALASU POST, KOMARAPALYAM,
Location:
THIRUCHENGODU TALUK AND DISTRICT,
HIGH
COURT OF TAMILNADU STATE - 637 211.
KARNATAKA (OWNER OF THE TUSKER IRROY
BEARING, REG.NO.TA-34-F-5787)
2. M/S. ROYAL SUNDARAM ALIANCE,
INSURANCE CO. LTD.,
REPRESENTED BY ITS MANAGER LEGAL,
MANGALYA PUNARBHAV,
#132, BRIGADE ROAD,
BANGALORE - 560 025.
-2-
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MFA No. 8631 of 2013
VIDE COVER NOTE NO.1233462
DATED:23/10/2009,
VALID FROM 24/10/2009 TO 23/10/2010.
...RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2;
VIDE ORDER DATED 10.09.2015, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.3.2013 PASSED IN MVC
NO.6990/2010 ON THE FILE OF THE 14TH ADDITIONAL JUDGE,
MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the award passed in MVC.No.6990/2010
dated 26.03.2013 by the XIV Additional Judge and M.A.C.T.,
Bengaluru, the claimant is before this Court seeking
enhancement of the compensation.
2. It is the case of the claimant that he has sustained
fracture injury in the accident and also sustained the disability.
Because of the injury sustained by him, as per the evidence of
the doctor, he had sustained 33.7% disability to the right lower
limb and 17% disability to the whole body. The Tribunal has
taken 10% as disability. When it comes to the income, the
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Tribunal had taken Rs.5,000/- per month and towards 'pain and
suffering', an amount of Rs.30,000/- is granted, for 'medical
expenses and other incidental expenses', an amount of
Rs.2,000/-, for 'loss of amenities and future discomfort', an
amount of Rs.10,000/-, for 'loss of earning during treatment
period', an amount Rs.10,000/-, for 'loss of future earning
capacity due to disability', an amount of Rs.1,08,000/- and for
'future medical expenses', an amount of Rs.5,000/- is granted,
total an amount of Rs.1,65,000/- is granted by the Tribunal.
When it comes to the liability, the Tribunal has held that the
Insurance Company is liable to pay the compensation. But as
three persons were traveling in a motorcycle, the contributory
negligence is fixed at 10% on the claimant. Aggrieved thereby,
the claimant is before this Court seeking enhancement of
compensation.
3. Learned counsel appearing for the appellant-
claimant submits that on all the heads, the amount granted by
the Tribunal is on the lower side and it is not a reasonable
compensation. It is submitted that the Tribunal ought to have
taken notional income at Rs.5,500/- as the accident had taken
place in the year 2010. It is further submitted that according to
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the doctor, the claimant has sustained 17% of disability to the
whole body, but the Tribunal has taken only at 10% and on
that count also, it requires enhancement. It is submitted that
without any basis, the contributory negligence is fixed at 10%.
4. Learned counsel appearing for the respondent-
Insurance Company submits that the Tribunal, considering the
injuries and disability, has rightly granted the compensation
and no enhancement is required. The claimant is not entitled
for any enhancement.
5. Having heard the learned counsels on either side,
perused the material on record. First coming to the aspect of
contributory negligence, considering the evidence on record
and the findings of the Court, the judgment and award in this
aspect is well considered one and no interference is called for
from this Court. As far as enhancement is concerned, towards
'pain and suffering', this Court is granting an amount of
Rs.40,000/- considering the grievous injuries sustained by
him. As the accident is of the year 2010, considering the
notional income at Rs.5,500/- for three months, this Court is
granting an amount of Rs.16,500/- towards 'loss of income
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during laid up period'. Towards 'attendant, food,
nourishment and hospitalization', this Court is granting an
amount of Rs.20,000/-. Towards 'medical expenses, and
'future medical expenses', an amount of Rs.2,000/- and
Rs.5,000/- is granted by the Tribunal which is reasonable
amount and no interference is called for from this Court. Then
coming to the 'loss of future earning capacity due to disability',
this Court is taking notional income at Rs.5,500/-, when it
comes to the disability, as per the doctor evidence, the
disability to the limb is 13.7% and to the whole body, it would
be 11.33%. As the claimant is aged 20 years, the appropriate
multiplier applicable is '18'. Hence, the 'loss of earning capacity
due to disability' is Rs.5,500x12x18x11.33% = Rs.1,34,600/-
and the claimant is entitled for that amount. Towards 'loss of
amenities', an amount of Rs.10,000/- granted by the
Tribunal is a reasonable amount and no interference is called
for from this Court.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M. MALATHI
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AND ANOTHER1, the claimant is entitled for an amount of
Rs.10,000/- towards Legal Expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Pain and Sufferings : Rs. 30,000/- 40,000/-
2. Medical Expenses and Rs. 2,000/- 2,000/-
other incidental :
charges
3. Attendant and Rs. -- 20,000/-
:
nourishment charges
Loss of amenities and
3. : Rs. 10,000/- 10,000/-
future discomfort
Loss of earning during
4. : Rs. 10,000/- 16,500/-
the treatment
Loss of future earning
5. capacity due to : Rs. 1,08,000/- 1,34,600/-
disability
Future medical
6. : Rs. 5,000/- 5,000/-
expenses
7. Legal Expenses : Rs. -- 10,000/-
TOTAL : Rs. 1,65,000/- 2,38,100/-
(2014) 11 SCC 178
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8. The compensation comes to Rs.2,38,100/-. As the
contributory negligence fixed by the Tribunal is at 10%, the
claimant is entitled for compensation of an amount of
Rs.2,14,290/-(Rs.2,38,100 - 10%).
9. Accordingly, the appeal filed by the claimant is
partly allowed, enhancing the compensation amount from
Rs.1,65,000/- to Rs.2,14,290/- and the Insurance company is
liable to pay the compensation.
ORDER
i) The Appeal is partly allowed enhancing the
compensation amount from Rs.1,65,000/- to
Rs.2,14,290/-. The Insurance Company is liable to
pay the compensation.
ii) The enhanced amount shall carry interest at 6% per
annum from the date of petition till the date of
realization.
iii) The respondent - insurance company shall deposit
the amount within a period of eight weeks from the
date of receipt of copy of the judgment. On such
deposit, the claimant is entitled to withdraw the
entire amount without furnishing any security.
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iv) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy of
the order passed by this Court forthwith without
any delay.
v) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
KA
CT: BHK
