Partly allowed

Smt. Sayarabanu W/O Mansoorahamad v. Renilkumar S/O Ravendran

Karnataka HC15 Feb 2019MFA/23130/2010

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench allowed these two Motor Appeals filed to enhance compensation awarded for death and injuries in a motor vehicle accident. Revisiting the MACT award of April 5, 2010, the single judge modified compensation amounts, applying enhanced income estimates and citing precedent for loss of love and affection. Loss of dependency compensation was increased to Rs.6,9

What did the court decide?

Compensation enhanced to Rs.9,00,150 for death case and Rs.1,08,500 for injury case, with 6% p.a. interest from petition date.

Smt. Sayarabanu W/O Mansoorahamad Vs Renilkumar S/O… — Motor Accident Claims | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF FEBRUARY 2019

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BEFORE

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THE HON’BLE MR.JUSTICE P.B.BAJANTHRI

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M.F.A.NO.23130 OF 2010 (MV) C/W. M.F.A.NO.23131 OF 2010

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IN M.F.A.NO. 23130 OF 2010

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BETWEEN

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SMT. SAYARABANU W/O MANSOORAHAMAD BANKAPUR, AGE: 32 YEARS,

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KUMARI. GOUSIYA D/O MANSOORAHAMAD BANKAPUR, AGE: 14 YEARS,

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KUM. GOUSEPAK D/O MANSOORAHAMAD BANKAPUR, AGE: 10 YEARS,

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KUM. NAZILAHAMAD MANSSORAHAMAD BANKAPUR, AGE: 8 YEARS,

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SHRI. ABDULKARIM ABDULKADAR BANKAPUR, AGE: 74 YEARS,

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ALL R/O MOMIN GALLI, BAGEWADI, TQ. & DIST. BELGAUM.

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.....APPELLANTS

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(BY SRI.T.M.NADAF, ADVOCATE)

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AND

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RENILKUMAR S/O RAVENDRAN R/O PULITHOOKIL HOUSE, KORTHUDU, PO. MUNDKAYAM, KANJIRPALLY, KERALA STATE.

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, CLUB ROAD, BELGAUM, TAL : DIST : BELGAUM.

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... RESPONDENTS (BY SRI.G.N.RAICHUR, ADVOCATE FOR R-2) (RESPONDENT NO.1- SERVED)

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THIS M.F.A. IS FILED U/S.173 OF C.P.C. AND PRAYED TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE, ASSISTANT SESSIONS JUDGE AND ADDITIONAL M.A.C.T. BAILHONGAL, IN M.V.C.NO.940 OF 2008 DATED 05.04.2010 AND AWARD A REASONABLE AND JUST COMPENSATION IN THE INTEREST OF JUSTICE.

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IN M.F.A.NO.23131 OF 2010

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BETWEEN :

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MOHAMMAR GOUS @ MOHAMMAD AZIZ , BANKAPUR, AGE 24 YEARS, R/O.BAGEWADI, TAL : DIST. BELGAUM.

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... APPELLANT

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(BY SRI.T.M.NADAF, ADVOCATE)

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AND

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RENILKUMAR S/O.RAVENDRAN, R/O.PULITHOOKIL HOUSE, KORTHUDU, PO: MUNDKAYAM, KANJIRPALYA, KERALA STATE.

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, CLUB ROAD, BELGAUM.

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... RESPONDENTS

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(BY SRI.G.N.RAICHUR, ADVOCATE FOR R2) (RESPONDENT NO.1-SERVED)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AND PRAYED TO MODIFY THE JUDGMENT AND AWARD DATED:05-04-2010 PASSED IN M.V.C.NO.924 OF 2008, ON THE FILE OF THE SENIOR CIVIL JUDGE, ASSISTANT SESSIONS JUDGE AND ADDITIONAL M.A.C.T., BAILHONGAL, AND TO AWARD A REASONABLE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Since these two appeals arise out of the same

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accident, they are taken up together for disposal.

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These two appeals by the claimants seeking for

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enhancement of compensation with reference to order

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dated 05.04.2010 in M.V.C.Nos.940 of 2008 and 924 of

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2008 on the file of the Senior Civil Judge, Assistant Sessions Judge and Additional M.A.C.T., Bailhongal (for short “the MACT”).

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Facts of the case are that on 17.04.2008 at about 16.00 hours when Mr.Mansoorahmed Bankapur, Mohammed Gous and others were traveling while sitting in a goods Auto bearing No.KA-22/7481 on NH-4 near M.H.Hubballi Sugar Factory, Dastikoppa village, the driver of the truck bearing registration No.KA-34/5679, drove the

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same in a rash and negligent manner resulted in causing injuries on the persons. Thus, the claimants-injured and the L.Rs. of the deceased persons filed claim petitions, which were allowed on 5^th April 2010 and also awarded compensation in a sum of Rs.6,06,600/- to the L.Rs. of the deceased and a sum of Rs.72,000/- to the injured claimants with future interest at the rate of 6% p.a. Feeling aggrieved

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by the judgment and award passed by the MACT, the claimants presented these appeals.

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Learned counsel for the appellant submitted that the MACT had committed an error in awarding compensation in respect to the claimants of the deceased. Further, the income has taken only Rs.4,000/- per montheven though his claim was Rs.12,000/- per month with reference to the nature of occupation that he was running Kirana shop. Further, the appellants are entitled to future prospects at 40% and the MACT had committed error in deducting 1/4^th towards personal expenses.

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Insofar as the injured claimant is concerned, the

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MACT has not appreciated the number of days in hospital and the wound that has been suffered, which has been discussed in paragraph No.26. Having regard to the nature of injuries, award of compensation under the heads, nourishment charges, loss of income during treatment period read with the income and loss of amenities and

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unhappiness is too meager. In all these heads the injured claimant is entitled to more compensation.

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Per contra, the learned counsel for the Insurance Company resisted the contention of the learned counsel for the appellants and submitted that there is no error committed by the MACT. Having regard to the death as well as the injuries suffered by the claimants, a reasonable compensation has been awarded by the MACT in each of the heads. Thus, the appellants in both the appeals have not made out a case so as to interfere with the judgment and award passed by the MACT.

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Heard the learned counsel for the parties.

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Question for consideration in the death case, whether the deceased is entitled to enhanced compensation with reference to the income, future prospects, deduction of 1/5^th towards personal expenses and on other heads like loss of dependency, loss of love and affection?

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No doubt, the MACT has taken the income of the

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deceased at Rs.4,000/- per month in the absence of any document read with Ex.P15, income certificate. The income certificate – Ex.P15 has been produced and it was issued subsequent to the date of accident and it has not been corroborated by any other evidence, therefore, one has to draw inference and there is no income proof. In such an event, one has to peruse the Lok Adalath guidelines with reference to the date of accident, which was occurred in the year 2010 and the income would be Rs.4,250/- per month. Accordingly, in the cases of death as well as injury, the income of the deceased and the injured is modified and they are entitled to enhanced income at Rs.4,250/- per month. In the case of death, having regard to the age of the deceased read with the date of accident, 30% future prospects is required to be extended and similarly, instead of 1/5^th , 1/4^th is to be deducted towards personal expenses. Accordingly, the loss of dependency would be Rs.6,96,150/-

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(Rs.4,250/- + 30% - 1/4^th x 12 x 14). Further, the compensation Rs.15,000/- awarded under the head of loss of love and affection is too meager and in view of the decision in the case of Magma General Insurance Co. Ltd., vs. Nanu Ram and others reported in 2018 ACJ 2782 , appellant Nos.2 to 4 are entitled to enhanced compensation of Rs.1,50,000/- under the head loss of love and affection, in view of the fact that there are three minor children i.e., appellant Nos.2 to 4 namely Kum.Gousiya, aged about 12 years, Kum.Gousepak, aged about 8 years and Kum.Nazilahmed aged about 6 years, who are depending on the deceased. In view of the facts and circumstances, the compensation awarded by the MACT is

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modified as under:

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1. Loss of dependency	Rs.6,96,150/-
2. Loss towards Medicine and	Rs.9,000/-
Hospital charges
3. Loss of estate	Rs.15,000/-
4. Loss of love and affection	Rs.1,50,000/-
5. Loss of consortium	Rs.15,000/-
6. Funeral expenses	Rs.15,000/-
Total	Rs.9,00,150/-

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In the case of injured person, perusal of

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paragraph No.26, wound certificate has been dealt by the MACT. The injured person suffered multiple injuries. The summary sheet of the wound certificate reveals that in the accident the claimant in MFA No.23131 of 2010 has suffered superficial abrasion over left shoulder, left elbow shoulder, left hand, forehead, cheek, right knee, left knee abrasion over forehead, forearm, left leg focal subarachnoid hemorrhage in the bilateral region, for which he has taken treatment from KLE Hospital, Belagavi as an in patient for three days i.e., from 17.04.2008 to 20.04.2008 and underwent skin grafting. Therefore, he is entitled to enhanced compensation under the heads of nourishment charges, loss of income during treatment period and loss of amenities and unhappiness. Accordingly, the a sum of Rs.3,000/instead of Rs.500/is awarded towards nourishment charges; a sum of Rs.13,000/- instead of Rs.9,000/- is awarded towards loss of income during

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treatment period; and a sum of Rs.50,000/- instead of Rs.20,000/- is awarded towards loss of amenities and unhappiness to the injured claimant. Hence, the

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compensation awarded by the MACT is modified as under:

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1. Pain and suffering	Rs.30,000/-
2. Medical expenses	Rs.11,500/-
3. Nourishment charges	Rs.3,000/-
4. Attendants, conveyance charges	Rs.1,000/-
5. Loss of income during treatment period	Rs.13,000/-
6. Loss of amenities and unhappiness	Rs.50,000/-
Total	Rs.1,08,500/-

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Accordingly, the appeals are allowed in part. The judgment and award dated 5^th April 2010 passed by the

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Senior civil Judge, Assistant Sessions Judge and Additional MACT, Bailhongal at Bailhongal in MVC Nos.940 of 2008 and 924 of 2008 are hereby modified and the appellant-claimant in MFA No.23130 of 2010 is entitled to the total compensation of Rs.9,00,150/- instead of Rs.6,06,600/awarded by the MACT and the appellants-claimants in MFA No.23131 of 2010 is entitled to the total compensation of

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Rs.1,08,500/- instead of Rs.72,000/- awarded by the MACT with interest at the rate of 6% p.a. from the date of petition till the date of realization of the entire amount. The order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal.

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The amount in deposit, if any, be transmitted to the MACT for the purpose of disbursement in accordance with law.

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Sd/JUDGE

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Ckk * Vnp

Smt. Sayarabanu W/O Mansoorahamad v. Renilkumar S/O Ravendran

Case brief

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Smt. Sayarabanu W/O Mansoorahamad v. Renilkumar S/O Ravendran

Case brief

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