Partly allowed

Shri Mahammad Jabiulla W/O Mahammeed Buden Alias Mahammed Abundansab v. Shri Mahammad Raqulla S/O. Abdul Jabbarsab

Karnataka HC15 Apr 2024MFA/101047/2022

Case brief

AI extract

What is this about?

In a first appeal under Section 173(1) of the Motor Vehicles Act, the High Court enhanced the compensation payable to the injured claimant from Rs.1,04,800 to Rs.2,97,950, validating the 10% disability assessment but recalculating based on notional income.

What did the court decide?

Modified award to Rs.2,97,950 including pain and suffering, medical, food, loss of earning, amenities and interest at 6% p.a. from date of petition.

Shri Mahammad Jabiulla W/O Mahammeed Buden Alias… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:6365 MFA No. 101047 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH 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. 101047 OF 2022 (MV-I)

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BETWEEN:

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SHRI. MAHAMMAD JABIULLA W/O. MAHAMMEED BUDEN @ MAHAMMED ABUNDANSAB AGE: 38 YEARS, OCC: CLEANER AND AGRICULTURE ANIMAL HUSBANDRY AND MILK VENDING, AT: PRESENT NIL, R/O. CHALAGERI, TQ: RANEBENNUR-581115, DIST: HAVERI.

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Digitally signed by ROHAN HADIMANI T Location: HIGH COURT OF KARNATAKA

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(BY SRI. ANJANEYA M, FOR SRI. MADANMOHAN M KHANNUR, ADVOCATES)

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…APPELLANT

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AND:

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SHRI. MAHAMMAD RAQULLA S/O. ABDUL JABBARSAB, AGE: MAJOR, OCC: TRANSPORT BUSINESS,

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NC: 2024:KHC-D:6365 MFA No. 101047 of 2022

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R/O. 6TH CROSS, BOVI COLONY VIDYA NAGAR, SHIVAMOGA,

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DIST: SHIVAMOGA-577303.

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THE AREA MANAGER, IFFO TOKIO GIC, COTTON CO-OP SOCIETY BUILDING, HUBBALLI-580020.

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…RESPONDENTS

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(BY SRI. M. Y. KATAGI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 23.02.2021 IN M.V.C NO.976/2018 PASSED BY THE COURT OF III ADDL. SENIOR CIVIL JUDGE AND AMACT RANEBENNUR, AND AWARD THE COMPENSATION UNDER THE PROVISIONS OF MOTOR VEHICLE ACT 1988, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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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:6365 MFA No. 101047 of 2022

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JUDGMENT

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This appeal is by the injured/claimant seeking

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enhancement of compensation, being aggrieved by the judgment and award dated 23.2.2021 in MVC No.976/2018 by the III Senior Civil Judge and Addl. MACT, Ranebennur (for short, ‘Tribunal’).

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2. Learned counsel for the appellant/claimant submits that the Tribunals has committed an error in awarding the total compensation by calculating compensation as per the provisions of the Employees’ Compensation Act, 1923 and the appellant/claimant is entitled to compensation as per the provisions of the Motor Vehicle Act, 1988. He further submits that the disability assessed by the Tribunal is at 10%, which is on the lower side and seeks to re-assess the disability.

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3. Per contra, learned counsel for the respondent No.2/Insurance Company supports the impugned judgment and award of the Tribunal and seeks to dismiss the appeal.

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4. I have heard the arguments of learned counsel for the appellant/injured and respondent No.2/Insurance Company and also perused the material available on record.

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NC: 2024:KHC-D:6365 MFA No. 101047 of 2022

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5. It is not in dispute that the appellant met with road accident on 7.3.2017 and sustained fracture of L4 & L5 vertebra bone. Taking note of the same, the Tribunal has rightly assessed the disability at 10%, which is unaltered.

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6. This Court notionally assesses the income of the appellant/claimant at Rs.10,250/- p.m. by placing reliance on the notional income chart prepared by KSLSA and hence, the loss of future income due to disability would be as under:

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10,250 x 12 x 14 x10%= Rs.1,72,200/-

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7. In all, the appellant/claimant shall be entitled to

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modified compensation under the following heads:

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HEADS	AMOUNT (in Rs.)
Towards pain and suffering	40,000/-
Towards Medical expenses	10,000/-
Food, nourishment and attendant charges	15,000/-
Loss of future earnings due to disability	1,72,200/-
Loss of amenities	30,000/-
Loss of income during laid-up period	30,750/-
Total	2,97,950/-

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NC: 2024:KHC-D:6365 MFA No. 101047 of 2022

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8. Thus, the claimant shall be entitled to total compensation of Rs.2,97,950/- as against Rs.1,04,800/awarded by the Tribunal.

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9. 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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b) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to total compensation of Rs.2,97,950/- as against Rs.1,04,800/- 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 the date of payment.

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d) The 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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NC: 2024:KHC-D:6365 MFA No. 101047 of 2022

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f) Draw modified award accordingly.

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Sd/JUDGE

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Vb/List No.: 1 Sl No.: 45

Shri Mahammad Jabiulla W/O Mahammeed Buden Alias Mahammed Abundansab v. Shri Mahammad Raqulla S/O. Abdul Jabbarsab

Case brief

What is this about?

What did the court decide?

Shri Mahammad Jabiulla W/O Mahammeed Buden Alias Mahammed Abundansab v. Shri Mahammad Raqulla S/O. Abdul Jabbarsab

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

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