Partly allowed

Shri.Mohamadhusen Akbar Naikwade, v. Shri.Avinash Datta Katti

Karnataka HC22 Apr 2024MFA/100372/2016

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claim judgment, the High Court assessed the appellant's disability at 15% for compensation purposes. Dismissing the insurer's objection, the court enhanced the total compensation from Rs.1,53,300 to Rs.3,79,700, granting further awards for future income, pain, and amenities, with interest.

What did the court decide?

The impugned judgment is modified to award total compensation of Rs.3,79,700, to carry interest at 6% per annum, to be deposited by the insurer within six weeks.

Shri.Mohamadhusen Akbar Naikwade, Vs Shri.Avinash Datta… — Medical Negligence | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6614 MFA No. 100372 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 100372 OF 2016 (MV-I)

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BETWEEN:

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SHRI.MOHAMADHUSEN AKBAR NAIKWADE, AGE: 32 YEARS, OCOC: PVT SERVICE (AT PRESENT NIL), R/O: NIPPANI, TALUK: CHIKKODI, DISTRICT: BELAGAVI.

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…APPELLANT

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(BY SRI. ASHOK A NAIK, ADVOCATE)

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AND:

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SHRI.AVINASH DATTA KATTI, AGE: 58 YEARS, OCC: ADVOCATE, R/O: NIPPANI, TALUK: CHIKKODI, DISTRICT: BELAGAVI.

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, CLUB ROAD, BELAGAVI

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Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA

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…RESPONDENTS (BY SRI.N.R.KUPPELUR, ADVOCATE FOR R2) (R1-SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:07.07.2015, PASSED IN MVC.NO.403/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIKODI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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NC: 2024:KHC-D:6614 MFA No. 100372 of 2016

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JUDGMENT

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Though this appeal is listed for admission, with the

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consent of learned counsel for the parties, it is taken up for final disposal.

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2. This appeal is filed by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 7.7.2015 passed in MVC No.403/2013 on the file of Senior Civil Judge and Member, Addl. MACT, Chikkodi (for short, ‘Tribunal’).

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3. I have heard the learned counsel Sri.Ashok A Naik for the appellant/injured and learned counsel Sri.N.R.Kuppelur for the respondent/Insurance Company.

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4. Learned counsel for the appellant submits that the Tribunal committed an error in not awarding compensation under the head of loss of future income due to disability. He submits that the award of compensation by the Tribunal under the other heads are also on the lower side. Hence, he seeks to enhance the compensation appropriaetly taking note of the injuries suffered by the appellant by allowing the appeal.

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3 - NC: 2024:KHC-D:6614 MFA No. 100372 of 2016

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5. Per contra, learned counsel for respondent/Insurer supports the impugned judgment and award and submits that Tribunal considering the evidence available on record and having taken note of injuries suffered by the appellant, awarded just and proper compensation, which does not call for interference. Hence, he seeks dismissal of the appeal.

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6. I have heard the learned counsel for the parties and perused the material available on record.

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7. It is not in dispute that on 5.12.2012, the appellant/injured met with road accident and sustained compound fracture of shaft femur right side M/3 and cut lacerated wound right foot dorsal aspect 2” x ½” between 1^st and 2^nd metatarsal bone. PW2-doctor deposed before the Tribunal that the appellant has sustained disability to an extent of 35% to the righter lower limb. Considering the oral testimony of PW2, Disability Certificate and other medical evidence available on record and also taking note of fractures suffered by the appellant, this Court assesses the disability of the appellant at 15% to the whole body for the purpose of determining the compensation. Insofar as income of the

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4 - NC: 2024:KHC-D:6614

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MFA No. 100372 of 2016

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appellant, this Court assesses the same at Rs.6,500/- per month placing reliance on notional income chart prepared by the KSLSA. Thus, the appellant is entitled to compensation on the head of loss of future income due to disability as under:

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Rs.6,500 x 12 x 17 x 15% = Rs.1,98,900/-

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8. Taking note of the injuries suffered by the

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appellant referred supra and oral testimony of PW2-doctor, I am of the considered view that the appellant would be

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entitled to modified compensation on the following heads:

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Pain and suffering Rs. 35,000/Loss of amenities Rs. 50,000/Food, nourishment & attendant charges Rs. 15,000/Loss of income during laid-up period Rs. 19,500/Loss of future income due to disability Rs.1,98,900/ Medical expenses Rs. 41,300/Future medical expenses Rs. 20,000/- ----------------Total Rs.3,79,700/-----------------

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9. Thus, the appellant is entitled to total compensation

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of Rs.3,79,700/- as against Rs.1,53,300/- awarded by the Tribunal.

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10. In the result, I proceed to pass the following:

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ORDER

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a) Appeal stands allowed in part .

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NC: 2024:KHC-D:6614 MFA No. 100372 of 2016

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b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant is entitled to total compensation of Rs.3,79,700/- as against Rs.1,53,300/awarded by the Tribunal.

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c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.

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d) The respondent/insurance company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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e) On such deposit, the same shall be released in favour of the appellant/claimant.

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f) Draw modified award accordingly.

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Sd/JUDGE

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JTR

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List No.: 1 Sl No.: 33

Shri.Mohamadhusen Akbar Naikwade, v. Shri.Avinash Datta Katti

Case brief

What is this about?

What did the court decide?

Shri.Mohamadhusen Akbar Naikwade, v. Shri.Avinash Datta Katti

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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