Partly allowed

Mr. Naveen Anjum v. Sri Mahesh

Karnataka HC2 Aug 2022MFA/4680/2018

Case brief

AI extract

What is this about?

In an appeal under Section 173(1) of the Motor Vehicles Act, the High Court of Karnataka modified the lower court's award by enhancing compensation for pain and suffering, loss of amenities, and adding loss of income and future medical expenses, totaling an additional Rs. 99,000.

What did the court decide?

Enhanced compensation of Rs. 99,000 awarded along with interest at 6% p.a., excluding interest on future medical expenses.

Mr. Naveen Anjum Vs Sri Mahesh — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF AUGUST 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MFA NO.4680 OF 2018 (MV-I)

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BETWEEN:

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MR. NAVEEN ANJUM S/O NASIR KHAN AGED ABOUT 25 YEARS STUDENT, NEHRU NAGAR 8TH CROSS, SAGAR TOWN DISTRICT SHIVAMOGGA - 577 401 ... APPELLANT

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(BY SRI. NATARAJ, ADV. FOR SRI. PRITHVI WODEYAR, ADV.)

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AND:

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SRI. MAHESH S/O RAGHU RAO AGED ABOUT 48 YEARS R/O CHAMARAJPET JOGA ROAD SAGAR TOWN, DISTRICT SHIVAMOGGA - 577 401

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THE DIVISIONAL MANAGER SRI RAMA GENERAL INSURANCE CO. LTD., E.L.APP, REECO INDUSTRIAL AREA, SEETHAPURA RAJASTHAN - 302 022, INDIA E-MAIL, SAGAR/T.S.L.S.G.A. 0025120120/N.A. 0000000340. M.S.S.T.F./ SOUTH WEST REGION POLICY NO.10003/31/12/585868 POLICY BEARED BY UDUPI BRANCH ... RESPONDENTS (R-1 NOTICE HELD SUFFICIENT; VIDE ORDER DATED 02.08.2022; SRI. B. PRADEEP, ADV. FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2018 PASSED IN MVC NO.222/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, SAGAR, 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 appeal is filed by the appellant/claimant challenging the judgment and award dated 04.04.2018 passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Sagar in MVC No.222/2016. The claimant is seeking for enhancement of the compensation.

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The brief facts of the case are as follows:

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On 15.02.2013, at about 8.00 a.m., when the claimant was proceeding in his motorcycle bearing registration No.KA-17/EE-6194 towards G.K.Hardware, Sagar Town, at that time, the driver (respondent no.1) of Cruiser vehicle bearing registration No.KA-15/5561 came from Marikamba Road in a rash and negligent manner and dashed against the motorcycle of the claimant, as a result of which, he fell down and sustained grievous injuries and

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immediately he was shifted to Government Hospital, Sagar for treatment.

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The claim petition was filed by the appellant/claimant under Section 166 of the Motor Vehicles Act seeking compensation. The Tribunal has partly allowed the claim petition and awarded compensation of Rs.1,41,895/- with interest at 6% p.a. from the date of the petition till realization. Aggrieved by the same, the present appeal is preferred before this Court.

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Learned counsel for the appellant/claimant submitted that the claimant has sustained four grevious fracture injuries and the compensation awarded by the Tribunal is meagre. Hence, he prays for enhancement of the same.

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On the other hand, learned counsel for respondent no.2-Insurance Company submits that the quantum of compensation awarded by the Tribunal is correct and proper and there is no ground to enhance the compensation. Hence, he prays for dismissal of the appeal.

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The Tribunal has awarded the compensation under

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various heads as follows:

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UÁAiÀÄ, £ÉÆöÃªÀÅ, AiÀiÁvÀ£É/ ¸ÀAPÀlB gÀÆ. 60,000-00 2. ªÉÊzÀåQÃAiÀÄ aQvÉì gÀÆ. 61,894-50 3. zÀÄBS ªÀÄvÀÄÛ s ¸ËPÀAiÀÄðUÀ¼À £ÀµÀÖ gÀÆ. 20,000-00 --------------MlÄÖ gÀÆ. 1,41,894-50 ---------------

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gÀÆ. 1,41,895/gÀÆ.MAzÀÄ ®PÀëzÀ £À®ªÀvÉÆÛAzÀÄ ¸Á«gÀzÀ JAlÄ£ÀÆgÁ vÉÆA§vÉÊzÀÄ ªÀiÁvÀæ) ªÉÆvÀÛPÉÌ ±ÉÃPÀqÀ 6 §rØAiÉÆA¢UÉ L wÃ¥ÀÄð ªÀiÁqÀÄªÀÅzÀÄ £ÁåAiÀiAiÀÄÄvÀªÁzÀ ¥ÀjºÁgÀ DVgÀÄvÀÛzÉ J£ÀÄßªÀ C©ü¥ÁæAiÀÄPÉÌ F £ÁåAiÀÄªÀÄAqÀ½ §A¢gÀÄvÀÛzÉ.

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Ex.P6 is the wound certificate and various other material documentary evidence prove that the petitioner has sustained the following injuries:

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"1. Fracture of left superior pubic rami with fracture at the junction of the proximal and middle 1/3rd of shaft of left femur with the fracture of shaft of tibia at the junction of the proximal and middle 1/3rd without neurological deficits"

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The above said injuries are grievous in nature. Therefore, considering the nature of injuries stated above, the compensation awarded at Rs.60,000/- under the head of 'injury, pain and suffering' is not adequate and therefore,

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the same is enhanced to Rs.80,000/-. Accordingly,

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Rs.80,000/- is awarded under the head of 'pain and suffering. The compensation of Rs.61,894.50 awarded under the head of 'medical expenses' is as per actual medical bills. Therefore, there is no ground for enhancement on this count.

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Further, the Tribunal has awarded a compensation of Rs.20,000/- under the head of 'loss of amenities' which is on the lower side. As a result of the fractures sustained by the appellant, he is finding it difficult in climbing stairs, long walking, running and therefore, he has suffered disability. Therefore, the amount of compensation awarded under the head of 'loss of amenities' is not adequate. Hence, a total compensation of Rs.50,000/- is awarded under the head of 'loss of amenities'.

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Further, the Tribunal has not awarded any compensation under head of 'loss of income during laid up period' and the same needs to be compensated. The accident occurred on 15.02.2013. In the absence of proof of income produced by the appellant, a sum of Rs.8,000/per month is taken into consideration as notional income as

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per the chart prepared by the Karnataka State Legal Services Authority considering the nature of injuries. The loss of income during laid up period has to be taken at least for a period of three months. Hence, a compensation of Rs.24,000/- is awarded under the head of 'loss of income during laid up period'. Further, the Tribunal has not awarded any compensation under the head of 'future medical expenses'. Even though the Doctor is not examined and only disability certificate is produced, due to the fact that the claimant had suffered four fracture injuries as stated above, the petitioner must have undergone surgery for fixation of implants and if after some time the same are required to be removed, the claimant may require some amount as medical expenses. Accordingly, a compensation of Rs.25,000/- is awarded under the head of 'future medical expenses' but the same shall not carry interest.

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Thus, the appellant/claimant is entitled to the enhanced compensation as follows:

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Heads of Compensation	Amount (in Rs.)
Pain and suffering	80,000.00
Medical expenses	61,894.50
Loss of amenities	50,000.00
Loss of income during laid up period	24,000.00
Future medical expenses	25,000.00
Total	2,40,894.50

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Therefore, the appellant/claimant is entitled for enhanced compensation of Rs.2,40,895/as against Rs.1,41,895/- awarded by the Tribunal. Hence, the appellant is entitled for an additional compensation of Rs.99,000/- (Rs.2,40,895/- - Rs.1,41,895/-) along with interest at the rate of 6% per annum from the date of the petition till the date of deposit. However, the amount awarded under the head of future medical expenses shall not carry interest.

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12. Accordingly, I pass the following:

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ORDER

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(i) The appeal is allowed in part;

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(ii) The judgment and award dated 04.04.2018 passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Sagar in MVC No.222/2016 is modified to the above extent;

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(iii) The appellant is entitled to an enhanced compensation of Rs.99,000/- (Rs.2,40,895/- - Rs.1,41,895/-), along with interest at the rate of 6% per annum from the date of petition till the date of deposit, in addition to what has been awarded by the Tribunal. The amount awarded under the head of 'future medical

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expenses' shall not carry interest;

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(iv) Draw award accordingly.

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Sd/- JUDGE

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hkh.

Mr. Naveen Anjum v. Sri Mahesh

Case brief

What is this about?

What did the court decide?

Mr. Naveen Anjum v. Sri Mahesh

Case brief

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What did the court decide?

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