Partly allowed

Sri. M H Kartheek Kumar S/O M. Hussaini v. Ismail S/O Bashu

Karnataka HC8 Aug 2024MFA/101264/2021

Case brief

AI extract

What is this about?

Appeal seeking enhancement of motor accident compensation awarded by the Tribunal to an injured data entry operator who suffered a grievous distal radius fracture with 22% permanent disability. The court found no loss of earning capacity since salary continued after the accident, but enhanced pain and suffering and loss of amenities heads, awarding Rs.30,000/- additional compensation.

What did the court decide?

Enhanced compensation of Rs.30,000/- with 6% interest from date of petition till deposit by respondent No.3 insurer, to be deposited within four weeks and released to the appellant.

Sri. M H Kartheek Kumar S/O M. Hussaini Vs Ismail… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11324 MFA No. 101264 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF AUGUST 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 101264 OF 2021

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BETWEEN:

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SRI. M H KARTHEEK KUMAR S/O. M. HUSSAINI AGE: 35 YEARS, OCC: EX-DATA ENTRY COMPUTER OPERATOR IN CENTRAL SCHOOL ON CONSTRACT BASIS, AT BALLARI, R/O. H.NO.145, 2^ND CROSS, KUVEMPU NAGAR, BALLARI-583101.

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…APPELLANT

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(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)

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AND:

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BHARATHI Location:HIGH H M COURT OFKARNATAKA

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ISMAIL S/O. BASHU AGE: 38 YEARS, No. ka-35/A-3428, R/O NEAR SELECT FUNCTION HALL, WARD NO.24, TRAINING SCHOOL ROAD, COWL BAZAAR, BALLARI - 583 104.

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J.S.W STEELS LTD. POST VIDYA NAGAR, TORANAGALLU-VILLAGE, SANDUR TALUK, BALLARI-DISTRICT, OWNER OF THE BUS BEARING REG NO.KA-35/A3428.

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THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LIMITED,

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2 - NC: 2024:KHC-D:11324 MFA No. 101264 of 2021

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BALLARI - 583 101.

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…RESPONDENTS

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(NOTICE TO R1 & R2 DISPENSED WITH;

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BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R3)

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THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYS THAT THIS HON’BLE COURT MAY BE PLEASED TO:

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1. CALL FOR THE LOWER COURT RECORDS IN MVC NO.1010/2018 DATED 05.02.2021 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI.

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1. ENHANCE THE COMPENSATION FROM RS.01,18,000/- TO RS. 15,00,000/IN MVC NO.1010/2018 DATED 05.02.2021 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL – XIITH AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2024:KHC-D:11324 MFA No. 101264 of 2021

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ORAL JUDGMENT

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This appeal is filed by the petitioner seeking enhancement of the compensation as awarded by the Tribunal in the judgment dated 05.02.2021 passed in MVC No.1010/2018 by Motor Accidents Claim Tribunal-XII, Ballari.

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The learned counsel for the appellant would contend that PW.2 is a Doctor who treated the injured - PW.1 has deposed that the petitioner has suffered the permanent disability of 25% of the whole body and issued a disability certificate - Ex.P.7. The Tribunal has ignored the said disability certificate and evidence of PW.2 and has not awarded any compensation under the head of loss of earning. He further submits that the compensation awarded under the head of pain and suffering and loss of amenities is on lower side and prays to enhance the same. He contends that the appellant/ petitioner has been admitted to Hospital for three days and at least for that period he is entitled for loss of income. With this he prayed to allow the appeal and enhance the compensation.

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Learned counsel for respondent No.3 would contend

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that the appellant/ petitioner was working as a data entry

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4 - NC: 2024:KHC-D:11324 MFA No. 101264 of 2021

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operator on contract basis and he has been paid same salary even after the accident and therefore, he has not sustained any loss of earnings due to the accident for disability sustained by him. Considering the said aspect, the Tribunal has rightly not awarded any compensation for loss of earning. With this he prays to dismiss the appeal.

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Having heard the learned counsels, the Court has perused the impugned judgment and the Trial Court records. The Ex.P.5 is the wound certificate of the petitioner issued by PW.2. The appellant/ petitioner has sustained fracture of distal end of radius right side and the Doctor has opined that the said injury is grievous in nature. PW.2 - Doctor has stated that the appellant/ petitioner has suffered permanent disability of 22% of the whole body. The petitioner was working as a data entry operator and was getting Rs.14,794/- per month and Ex.P.9 indicates that he is getting the said salary even after the accident. Considering the said aspect, the Tribunal has rightly held that the said injury/ disability has not caused any loss of earning capacity of the appellant/ petitioner.

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5 - NC: 2024:KHC-D:11324 MFA No. 101264 of 2021

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The petitioner as noted above has sustained facture and he was admitted in the Hospital for three days. The said fracture is opined to be grievous in nature and during the said period, the appellant/ petitioner has been put to lot of pain and suffering. The Tribunal has awarded Rs.25,000/- towards pain and suffering. The said amount of compensation awarded under the head of pain and suffering is on the lower side and it requires to be enhanced by Rs.15,000/- and i.e., Rs.40,000/-.

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The petitioner has sustained fracture and therefore, he is entitled for compensation under the head of loss of amenities. The Tribunal has awarded Rs.25,000/-, considering the injuries sustained to the wrist causing inconvenience to the petitioner, the said compensation under the head of loss of amenities is required to be enhanced from Rs.25,000/- to Rs.40,000/-. The Tribunal has rightly awarded Rs.25,000/under the head of special diet and attendance and conveyance expenses and Rs.43,000/- under the head of medical and Hospital expenses.

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6 - NC: 2024:KHC-D:11324 MFA No. 101264 of 2021

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7. Considering the above aspects, the appellant/

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petitioner is entitled to enhanced compensation of Rs.30,000/in the result, the following:

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ORDER

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i) The appeal is allowed in part. ii) The appellant/ petitioner is entitled for enhanced compensation of Rs.30,000/- with interest at the rate of 6% per annum from the date of petition till the date of deposit by respondent No.3/ Insurance Company. Respondent No.3/ Insurance Company shall deposit the enhanced compensation with interest within four weeks from the date of receipt of certified copy of this order.

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iii) The enhanced compensation shall be released to the appellant/ petitioner.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ CT:ANB

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List No.: 1 Sl No.: 38

Sri. M H Kartheek Kumar S/O M. Hussaini v. Ismail S/O Bashu

Case brief

What is this about?

What did the court decide?

Sri. M H Kartheek Kumar S/O M. Hussaini v. Ismail S/O Bashu

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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