Partly allowed

Smt. Shabana v. B Datta Kumar

Karnataka HC17 Jan 2023MFA/6213/2018

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenges the Motor Vehicles Tribunal's award in a motor accident case. The High Court enhanced compensation for future loss of earnings due to disability, increased pain and suffering, and added an award for future medical expenses, modifying the original decree to grant additional Rs. 2,33,000 with interest.

What did the court decide?

Appeal allowed in part; lower award modified to grant enhanced compensation of Rs. 2,33,000 with interest @ 6% p.a. from the date of petition.

Smt. Shabana Vs B Datta Kumar — Execution and Attachment | Karnataka HC (2023)

¶1

¶2

MFA No. 6213 of 2018

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 17^TH DAY OF JANUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6213 OF 2018(MV-I)

¶7

BETWEEN:

¶8

SMT.SHABANA @ SHABANABANU, W/O NOORUDDIEN, AGED ABOUT 24 YEARS, RESIDENT OF Y.N.HOSAKOTE VILLAGE, Y.N.HOSKOTE HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT - 572 141.

¶9

NOW R/AT, GANESHA TEMPLE ROAD, SHANTHINAGARA, TUMKURU - 572 102.

¶10

Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

¶11

(BY SMT.AFRAA MOMIN, ADVOCATE)

¶12

…APPELLANT

¶13

AND:

¶14

B.DATTAKUMAR, S/O N. BALARAMASHETTY, R/O THIPPERUDRASWAMY NILAYA, 3RD CROSS, K.R.EXTN., CHIRADURGA TOWN, CHITRADURGA DISTRICT, (OWNER OF THE SRE BUS BEARING REG. NO.KA-16A-9988).

¶15

THE BRANCH MANAGER, NATIONAL INSURANCE CO.,LTD.,

¶16

¶17

MFA No. 6213 of 2018

¶18

BEHIND KRISHNA TALKIES, M.G.ROAD, TUMAKURU - 572 102.

¶19

…RESPONDENTS

¶20

(BY SRI.ASHOK N.PATIL, ADVOCATE FOR R2, VIDE COURT ORDER DATED 17.01.2023, R-1 DISPENCED WITH)

¶21

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2018 PASSED IN MVC NO.745/2015 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

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

¶23

JUDGMENT

¶24

This appeal is filed by the claimant under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), seeking enhancement of the compensation.

¶25

The undisputed facts are that the claimant has sustained injuries in a road traffic accident that occurred on 17.05.2015 at about 7.45 p.m., in front of Morarji Desayi Residential School, Doddahalli Village on PavagadaKalyanadurga Road when the SRE bus bearing No.KA-16A-9988 dashed against the motorcycle two wheeler Honda

¶26

¶27

MFA No. 6213 of 2018

¶28

Activa bearing No.KA-17-EQ-3952 in which the claimant was a pillion rider. Therefore, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation.

¶29

Heard the arguments on both sides and perused

¶30

the records.

¶31

The Tribunal has granted the compensation

¶32

under various heads as follows:

¶33

Sl. No.	Particulars	Amount (in.Rs.)
1.	10% future loss of income	1,29,600.00
2.	Pain and sufferings	25,000.00
3.	Medical expenses and other incidental expenses	1,50,000.00
4.	Loss of amenities and discomfort in life	15,000.00
5.	Loss of income for 2 months	12,000.00
6.	Attendants during period of treatment	5,000.00
	Total	3,36,600.00

¶34

¶35

MFA No. 6213 of 2018

¶36

In the present case, as per the wound

¶37

certificate-Ex.P11, the claimant has sustained tenderness over left thigh, cut lacerated wound over the base of left index finger of 1 c.m. x 1 c.m., cut lacerated wound over the left base of thumb with swelling of 1 c.m. x 1 c.m. and cut lacerated wound over the right parieto temporal region with tenderness over the right angle of mandible, fracture shaft of left femur proximal 1/3rd, fracture mandible left Parasymphysis and Subluxation of 2nd Carpo Metacarpal joint left hand. The injuries are grievous in nature.

¶38

6. Considering the nature of the injuries sustained,

¶39

the compensation amount awarded under the head 'pain and sufferings' is on the lower side. Therefore, a sum of Rs.40,000/- is enhanced under the said head. The compensation awarded under the head 'medical expenses' is as per the medical bills produced by the claimant and therefore, the same is kept in tact.

¶40

¶41

MFA No. 6213 of 2018

¶42

The Tribunal has erred in taking notional

¶43

income at Rs.6,000/- p.m.. The accident was caused in the year 2015. Therefore, a sum of Rs.9,000/- is to be taken into consideration as recognized by the Karnataka State Legal Services Authority. Considering the nature of injuries sustained, the doctor has assessed 10% disability to the left hand, 35% disability to the left lower limb and 15% disability to the whole body. The Tribunal has taken only 10% disability. Considering the nature of injuries as above discussed and the claimant is a tailor by profession, the factor of functional disability taken by the Tribunal is on the lower side. Therefore, the disability of 15% is taken into consideration. The claimant is aged 21 years as on the date of accident. Therefore, the appropriate multiplier applicable is '18'. Therefore, the 'loss of future earnings due to disability' is hereby re-assessed and quantified as under:

¶44

Rs.9,000 x 15/100 x 18 x 12 = Rs.2,91,600/-

¶45

¶46

MFA No. 6213 of 2018

¶47

Accordingly, a sum of Rs.2,91,600/- is awarded under the head 'loss of future earnings due to disability'.

¶48

The Tribunal has awarded the compensation of

¶49

Rs.15,000/- under the head 'loss of amenities & discomfort in life', which is on the lesser side. Therefore, a sum of Rs.30,000/- is awarded under the head 'loss of amenities & discomfort in life'. Further, the compensation of Rs.5,000/- awarded under the head 'attendant during period of treatment' is on the lesser side. The same is enhanced to Rs.15,000/- under the said head.

¶50

The Tribunal has awarded the compensation of Rs.12,000/- under the head 'loss of earnings during laid up period' for two months by taking notional income at Rs.6,000/- p.m. and in the present case, the notional income is modified to Rs.9,000/-p.m.. Therefore, the 'loss of income during laid up period' would be Rs.18,000/- (Rs.9,000 x 2 months)

¶51

¶52

MFA No. 6213 of 2018

¶53

The Tribunal has not awarded the compensation

¶54

under the head 'future medical expenses'. Therefore, a sum of Rs.25,000/- is awarded under the said head.

¶55

Thus, in all, the claimant is entitled for the

¶56

following sums:

¶57

Sl.No.	Particulars	Compensation awarded (in Rs.)
1.	Loss of future loss of income due to disability	2,91,600.00
2.	Pain and sufferings	40,000.00
3.	Medical expenses and other incidental expenses	1,50,000.00
4.	Loss of amenities and discomfort in life	30,000.00
5.	Loss of income during laid up period	18,000.00
6.	Food, nourishment and Attendants charges during period of treatment	15,000.00
7.	Future medical expenses	25,000.00
	TOTAL	5,69,600.00

¶58

¶59

MFA No. 6213 of 2018

¶60

The Tribunal has awarded the compensation of

¶61

Rs.3,36,600/-, but the appellant/claimant is entitled to total compensation of Rs.5,69,600/- . Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,33,000/- (Rs.5,69,600 - Rs.3,36,600) with interest at the rate of 6% p.a. from the date of petition till realization, in addition to what has been awarded by the Tribunal.

¶62

Accordingly, I proceed to pass the following:

¶63

ORDER

¶64

i. The appeal is allowed-in-part .

¶65

ii. The judgment and award passed by the Tribunal in

¶66

MVC No.745/2015 is hereby modified holding the claimant is entitled for enhanced compensation of Rs.2,33,000/- with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

¶67

iii. Registry is directed to return the Trial Court Records along with certified copy of this order without delay.

¶68

¶69

MFA No. 6213 of 2018

¶70

iv. Costs made easy.

¶71

v. Draw award accordingly.

¶72

Sd/JUDGE

¶73

Smt. Shabana v. B Datta Kumar

Case brief

What is this about?

What did the court decide?

Smt. Shabana v. B Datta Kumar

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

Case details

Similar cases

Gopala Vs Nagaveni K

The Divisional Manager Vs Seena

Kiran Kumar N Vs M/S Cipl Easy Transport Solution Pvt. Ltd.

Nooruddien Vs B Datta Kumar

Lokesh C Vs Master Tharun

Divisional Manager Vs Lakshmana