Partly allowed

Rahamathulla v. Shivananda

Karnataka HC9 Jun 2015MFA/1301/2014

Case brief

AI extract

What is this about?

The High Court allowed a miscellaneous first appeal seeking enhancement of Motor Vehicle Accident compensation. The Court increased the award by Rs. 23,500 for pain, suffering, medical expenses, and loss of income, granting interest on the additional amount.

What did the court decide?

Allowed the appeal in part and awarded an additional compensation of Rs. 23,500 with interest at 6% p.a. from the date of petition.

Rahamathulla Vs Shivananda — Contract and Commercial Disputes | Karnataka HC (2015)

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MFA No.1301/2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF JUNE, 2015 BEFORE

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THE HON’BLE MR.JUSTICE A.S.PACHHAPURE MISCELLANEOUS FIRST APPEAL No.1301/2014 (MV)

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BETWEEN:

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RAHAMATHULLA, S/O BASHEER SAB, AGED ABOUT 23 YEARS, LORRY CLEANER, R/O MALEBENNUR, HARIHAR TALUK, DAVANAGERE DIST-577601.

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...APPELLANT

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(BY SRI M.R.HIREMATHAD, ADV.) AND:

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SHIVANANDA, S/O PARAPA BAVIKATTE, AGED ABOUT 40 YEARS, DRIVER OF KSRTC BUS BEARING REG NO.KA-22-F-1404, BADGE NO.9283, HUBLI RURAL, 1^ST DEPOT, HUBLI-CITY, DAHARWAD DIST-580020.

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THE MANAGING DIRECTOR, OFFICE OF THE MANAGING DIRECTOR, NWKRTC, BELAGUM DIVISION, BELAGUM-590001.

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THE CHAIRMAN, INTERNAL SECURITY FUND,

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MFA No.1301/2014

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KSRTC, SARIGE BHAVANA, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.

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... RESPONDENTS

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(BY SRI K.NAGARAJA, ADV. FOR R2 & R3, NOTICE TO R1 DISPENSED WITH)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.03.2013 PASSED IN MVC NO.36/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appellant has sought for enhancement of

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compensation for the injuries sustained by him, as

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against the award made by the Tribunal.

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Occurrence of accident, rash and negligent

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driving, involvement of the vehicle and liability are not in dispute. The appeal is confined to the quantum of compensation.

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The appellant has suffered fracture of

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right Pubic Rami. He has suffered disability to an extent of 7% as assessed by the Tribunal. The

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MFA No.1301/2014

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Tribunal awarded a total sum of Rs.1,10,040/- towards the claim made.

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It is the contention of the learned counsel

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for the appellant that the assessment of the compensation is on the lower side and it needs enhancement. Whereas, the learned counsel for the respondents supports the judgment and award.

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A sum of Rs.20,000/- has been paid as

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compensation towards ‘pain, suffering and mental agony’. The appellant has suffered fracture of right Pubic Rami and other simple injuries. Considering the nature of fracture and other simple injuries, a sum of Rs.5,000/- in addition to the award made appears to be reasonable.

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Towards ‘medical expenses’ only Rs.3,000/-

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has been granted. Though it was necessary for the appellant to produce the bills, it does not mean, non-production of the bills needs reduction in the amount of compensation. Looking to the nature of the

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MFA No.1301/2014

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fracture and the period of treatment, wherein the appellant was inpatient for 15 days in the hospital, I think it would be proper to grant Rs.7,000/- in addition to the compensation awarded.

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Towards ‘loss of income during laid up period’, a sum of Rs.9,000/- has been granted assessing his income at Rs.4,500/- per month. Though the assessment of the income is reasonable, it may requires three months time to resume to the duty and therefore, a sum of Rs.4,500/- would be appropriate.

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Towards ‘Discomfort in future life’, a sum of Rs.5,000/- has been granted. As the appellant suffered disability to an extent of 7%, an additional sum of Rs.2,000/- would be appropriate.

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Towards ‘medical, attendance charges and transportation’ etc., a sum of Rs.5,000/- has been granted as the appellant was inpatient for 15 days.

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MFA No.1301/2014

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Towards ‘food, nourishment and attendance charges’ etc., another sum of Rs.5,000/- would be appropriate.

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Thereby, additional compensation payable

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to the appellant is as under:

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Sl. No.	Heads	Rs.
1.	Pain and sufferings	5,000
2.	Medical expenses	7,000
3.	Loss of income during laid downperiod.	4,500
4.	Discomfort in future	2,000
5.	Food, nourishment and attendance charges	5,000
	Total	23,500

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The appellant is entitled for the aforesaid sum with interest.

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Consequently, the appeal is allowed-in-

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part. The appellant is entitled for a sum of Rs.23,500/- with interest @ 6% p.a. from the date of petition till its payment in addition to the

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MFA No.1301/2014

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compensation awarded by the Tribunal, excluding interest for 254 days delay that occurred in filing

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this appeal.

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Sd/JUDGE

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Rahamathulla v. Shivananda

Case brief

What is this about?

What did the court decide?

Rahamathulla v. Shivananda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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