Partly allowed

Amzad Pasha v. the Manager

Karnataka HC12 Sept 2023MFA/2887/2023

Case brief

AI extract

What is this about?

As an appellate judge reviewing a Motor Accident Claims Tribunal award, the court enhanced total compensation from Rs. 5,05,000 to Rs. 6,80,000 based on notional income and statutory multipliers, granting an additional Rs. 1,75,000 to the injured appellant.

What did the court decide?

Enhanced compensation of Rs. 1,75,000/- along with interest at 6% p.a. from the date of petition till realization.

Amzad Pasha Vs the Manager — Insurance | Karnataka HC (2023)

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1 - NC: 2023:KHC:32919 MFA No. 2887 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO. 2887 OF 2023 (MV-I)

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BETWEEN:

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AMZAD PASHA S/O SAHEB JOHN, AGED ABOUT 41 YEARS, R/O WARD NO.18, NEAR KANNADA SCHOOL JAVENAHALLY EXTENSION, PENSION MOHALLA, HASAN DISTRICT-573201.

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…APPELLANT

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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Digitally signed by H K HEMA Location: High Court of Karnataka

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AND:

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THE MANAGER

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HDFC AGRO GENERAL INSURANCE COMPANY LIMITED, 6TH FOOR, LEELA BUSINESS PARK, ANDERI,KURIYA ROAD, ANDERI(EAST) MUMBAI.

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REPRESENTED BY THE MANAGER HDFC AGRO GENERAL INSURANCE COM LTD MYSORE TRADE, KSRTC, OPPOSITE BUS STAND, MYSORE-570001.

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2 - NC: 2023:KHC:32919 MFA No. 2887 of 2023

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SALEEM PASHA S/O SYED ALTHAAF MAJOR,WARD NO.31, AMBEDKAR NAGAR, HASSAN-573201.

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MOHAMMED FAIROZ GANDHI S/O NISSAR KHAN, KHALLANDAR NAGAR, JAVAGAL,BELUR TALUK, HASSAN DISTRICT-573201.

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…RESPONDENTS

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(BY SRI. PRADEEP B,ADVOCATE FOR R1; V/O. DTD. 12.9.2023, NOTICE TO R2 AND R3 ARE DISPENSED WITH)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2023 PASSED IN MVC NO.1089/2020 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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Aggrieved by the judgment and award dated 21.01.2023 passed in MVC No.1089/2020 by the Court of the III Additional District and Sessions Judge & Member Addl. MACT, Hassan (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.

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NC: 2023:KHC:32919 MFA No. 2887 of 2023

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For the sake of convenience, the parties are referred to herein as per their status before the Tribunal.

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Brief facts of the case are as follows:

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On 13.01.2020 at about 4.10 p.m., while the petitioner was crossing the road near Sri. Ananthbhavani petrol bunk, on Beluru-Halebeedu Road, a motor bike bearing registration No. KA-13-EE-8786, being driven in a rash and negligent manner and duly insured by the respondent No.3 -Insurance Company dashed against the petitioner due to which he sustained injuries to his right lower limb, spine and chest, which constituted 15% total body disability.

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The Tribunal has awarded a compensation of Rs.5,05,000/- along with interest at the rate of 6% p.a. from the date of petition till realization. Not satisfied by the same, the petitioner has preferred this appeal.

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The accident occurred in the year 2020. The

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petitioner was aged 40 years and he has not established

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4 - NC: 2023:KHC:32919 MFA No. 2887 of 2023

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his income before the Tribunal. Hence, it is deemed appropriate to fix his income notionally as per the chart prepared by the Karnataka State Legal Services Authority in consultation with Insurance Companies which will be Rs14,500/- per month. Given his age, a multiplier of '15' is adopted as per the law laid down by the Apex Court in

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SARLA VERMA & ORS V. DELHI TRANSPORT CORP.&

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ANR reported in 2009(6) SCC 121.

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Towards loss of future earnings the Tribunal has awarded a sum of Rs.2,70,000/-. Taking the notional income at Rs.14,500/-, multiplier of 15 and whole body disability at 15%, the petitioner would be entitled to a sum of Rs.3,91,500/- (14,500x12x15x15/100) under this head.

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Towards medical expenses based on bills, a sum of Rs.1,85,000/is awarded. Towards future medical expenses, a sum of Rs.10,000/- is awarded. Given the nature of injuries, I deem the same to be appropriate.

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5 - NC: 2023:KHC:32919 MFA No. 2887 of 2023

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Towards pain and suffering a sum of Rs.20,000/- is awarded. Given the nature of injuries, I deem the same to be appropriate.

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Towards loss of amenities, a sum of Rs10,000/- is awarded. Given the nature of injuries, I deem it appropriate to enhance it to Rs.30,000/-.

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Towards loss of income during laid up period, a sum of Rs.10,000/- is awarded. Given the nature of injuries, three months is considered as the laid up period and a sum of Rs.43,500/- is hereby awarded.

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Thus, the petitioner is entitled to a total

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compensation of Rs.6,80,000/- as against Rs.5,05,000/awarded by the Tribunal. Accordingly, the petitioner is entitled to an enhanced compensation of Rs.1,75,000/- (Rs.6,80,000/- minus Rs.1,75,000/-).

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Given the bank rate of interest, I deem it appropriate to award interest at the rate of 6% p.a. on the enhanced

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NC: 2023:KHC:32919 MFA No. 2887 of 2023

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compensation from the date of petition till realization. Hence, the following:

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ORDER

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(i) The appeal is allowed in part;

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(ii) The petitioner is entitled to an enhanced compensation of Rs.1,75,000/- along with interest at the rate of 6% p.a. from the date of petition before the Tribunal till realization which shall be over and above what has been awarded by the Tribunal;

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(iii) Respondent No.3-Insurance company shall pay the enhanced compensation within a period of six weeks from the date of receipt of the certified copy of the judgment and order;

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(iv) Office to draw modified award accordingly;

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SD/JUDGE

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SSD

Amzad Pasha v. the Manager

Case brief

What is this about?

What did the court decide?

Amzad Pasha v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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