Partly allowed

Kaleemulla v. the Head Master

Karnataka HC17 Oct 2022MFA/5938/2019

Case brief

AI extract

What is this about?

The High Court partially allowed the appeal against the Compensation Claims Tribunal's award in a motor vehicle accident case. The Court enhanced the compensation from Rs.253,659 to Rs.382,500 by recalculating the basis of notional income, increasing disability reliance, and uplifting heads for pain, suffering, and amenities.

What did the court decide?

Compensation enhanced from Rs.253,659 to Rs.382,500. Insurance company directed to deposit the amount with interest.

Kaleemulla Vs the Head Master — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF OCTOBER 2022

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BEFORE

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THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD

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MFA No.5938 OF2019(MV)

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BETWEEN

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KALEEMULLA

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S/O ABDUL KHALEEL SAB AGED ABOUT 42 YEARS RESIDING AT TIPPU MASJID ROAD TIPPU NAGAR

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RAMANAGARA TOWN 562159.

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...APPELLANT

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(BY SRI. SHANTHARAJ K., ADV.)

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AND

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1 . THE HEAD MASTER STRAWBERRY INTERNATIONAL SCHOOL JAIPURA GATE, BIDAGUMBA POST RAMANAGARA TALUK 562159.

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2 . NEW INDIA ASSURANCE COMPANY LIMITED BY ITS MANAGER

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GIRIYAMMA SHAMBUGOWDA BUILDING CHURCH ROAD

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CHANNAPATNA TOWN 562160.

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…RESPONDENTS

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(BY SRI. R. GOVINDARAJAN, ADV. FOR R2: NOTICE TO R1 IS D/W V/O DATED: 17.10.2022)

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THIS MFA IS FILED UNDER SECTION2 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27/02/2019, PASSED IN MVC NO.24/2017, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, RAMANAGARA, 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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This appeal under Section 173(1) of Motor

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Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 27.2.2019 passed by MACT, Ramanagara in MVC 24/2017.

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Facts giving rise to the filing of the appeal

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briefly stated are that on 21.12.2016 when the claimant was riding motorcycle bearing registration No.KA-42-V-4899 from Anumanahalli to Kyasapura, near Aanumanahalli cross, at that time, bus bearing registration No.KA-42-A-6362 being driven by its

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driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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The claimant filed a petition under Section 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

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On service of notice, the respondent No.2 appeared through counsel and filed written statement in which the averments made in the petition were denied. The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.

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On the basis of the pleadings of the parties,

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the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and Dr.Madhusudan.S.N. was examined as PW-2 and got exhibited documents namely Ex.P1 to Ex.P12. On behalf of the respondents, neither any witness was examined nor any document was produced. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.253,659/- along with interest at the rate of 7% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

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6. The learned counsel for the claimant has

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raised the following contentions:

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Firstly, even though the claimant claims that he was doing Waste Silk Merchant work and earning Rs.15,000/- per month, but the Tribunal has taken the notional income as merely as Rs.7,500/- per month.

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Secondly, the claimant has examined the doctor as PW-2. Due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 6 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side. Hence, he sought for allowing the appeal.

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On the other hand, the learned counsel for the Insurance Company has raised following counter contentions:

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Firstly, even though the claimant claims that he was earning Rs.15,000/- per month, he has not produced any documents to establish his income. Therefore, the Tribunal has rightly assessed the income of the claimant notionally.

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Secondly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Tribunal is just and reasonable and it does not call for interference.

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Thirdly, in view of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and

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others –v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the

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Tribunal at 7% p.a. on the compensation amount is on the higher side. Hence, he sought for dismissal of the appeal.

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Heard the learned counsel for the parties

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and perused the judgment and award of the Tribunal.

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It is not in dispute that the claimant has

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sustained injuries in the road traffic accident occurred

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due to rash and negligent driving of the offending vehicle by its driver.

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The claimant claims that he was earning Rs.15,000/- per month. He has not produced any documents to prove his income. Therefore, in the absence of proof of income, notional income has to be assessed. As per the guidelines issued by the Karnataka State Legal Services Authority, for the accident taken place in the year 2016, the notional income has to be taken at Rs.9,500/- p.m.

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As per wound certificate, the claimant has sustained fracture of right ankle. Taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, the Tribunal has rightly taken the whole body disability at 12%. The claimant is aged about 42 years at the time of the accident and multiplier applicable to his age group is ‘14’. Thus, the claimant is entitled for compensation of Rs.191,520/- (Rs.95001214*12%) on account of 'loss of future income'.

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The nature of injuries suggests that the claimant must have been under rest and treatment for a period of 3 months. Therefore, the claimant is entitled for compensation of Rs.28,500/- (Rs.9,500*3 months) under the head ‘loss of income during laid up period’.

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The claimant was treated as inpatient for more than 6 days in the hospital and thereafter, has received further treatment. Hence, I am inclined to

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enhance the compensation awarded under the head of ‘conveyance, nourishment and attendance charges’ from Rs.5,000/- to Rs.15,000/-.

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Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. He has suffered lot of pain during treatment and he has to suffer with the disability stated by the doctor throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'loss of amenities' from Rs.5,000/- to Rs.40,000/- and under the head of 'pain and sufferings' from Rs.30,000/- to Rs.60,000/-.

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Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable.

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Thus, the claimant is entitled to the following compensation:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	30,000	60,000
Medical expenses	27,459	27,459
Food, nourishment, conveyance and attendant charges	5,000	15,000
Loss of income during laid up period	15,000	28,500
Loss of amenities	5,000	40,000
Loss of future income	151,200	191,520
Future medical expenses	20,000	20,000
Total	253,659	382,479
Rounded off	253,700	382,500

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In the result, the appeal is allowed in part . The judgment of the Claims Tribunal is modified.

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The claimant is entitled to a total compensation of Rs.382,500/-.

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The Insurance Company is directed to deposit the compensation amount along with interest @ 7% p.a. (enhanced amount shall carry interest at 6% p.a.) from the date of filing of the claim petition till

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the date of realization, within a period of six weeks from the date of receipt of copy of this judgment .

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Sd/JUDGE

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Kaleemulla v. the Head Master

Case brief

What is this about?

What did the court decide?

Kaleemulla v. the Head Master

Case brief

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What did the court decide?

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