Partly allowed

Usha D/O Shankar Keni, v. Shobha Shankar Keni

Karnataka HC8 Jul 2024MFA/102716/2016

Case brief

AI extract

What is this about?

Claimant appealed the tribunal's compensation award for grievous injuries suffered in a car accident. The court enhanced compensation, adding amounts for loss of income during laid-up period and loss of future income based on 20% permanent disability.

What did the court decide?

Additional compensation of Rs.72,160/- with interest at 6% p.a. awarded against insurance company; tribunal award modified.

Usha D/O Shankar Keni, Vs Shobha Shankar Keni — Motor Accident Claims | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T

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MISCELLANEOUS FIRST APPEAL NO.102716/2016 (MV-I)

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BETWEEN:

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[

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USHA D/O. SHANKAR KENI, AGE: 67 YEARS, OCC: NIL, R/O. ASHOK MIG-297, KHB COLONY, HABBUWADA, TQ & DIST: KARWAR.

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…APPELLANT

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(BY SRI T. M. NADAF, ADVOCATE)

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AND:

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SHOBHA SHANKAR KENI, AGE: MAJOR, R/O. KAVOOR, POST: HADINBAL, TQ: HONAVAR, DIST: KARWAR.

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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THE MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, NEW COTTON MARKET, HUBBALLI.

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…RESPONDENTS (BY SRI. NAGARAJ C KOLLOORI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED I ADDITIONAL M.A.C.T KARWAR IN MVC NO.61/2013 DATED 11/02/2016 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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JUDGMENT

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This appeal is filed by the claimant aggrieved by the judgment and award dated 11.02.2016 passed in MVC.No.61/2013 on the file of the I Additional MACT, Karwar, whereby, the Tribunal awarded a sum of Rs.2,22,787/- as compensation to the claimant.

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For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

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The claim petition was filed seeking compensation on account of injuries suffered by the claimant in the road traffic accident that took place on 10.03.2013 at about 3.45 p.m., when the claimant who was proceeding from Karwar to Dandeli, in a Maruti Car bearing registration No.KA.30/M.6046. The driver of Car was driving the same with high speed in a rash and negligent manner and lost control over the Car and dashed to the road side tree near Donginal village of Yallapur Taluk. Due to the said impact, the claimant sustained injuries and she was shifted to Primary Health Center, Yallapur and later she was shifted to,

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3 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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Kamal Hospital, Ankola and thereafter Tejaswini Hospital, Mangaluru, she was an inpatient from 16.03.2013 to 29.03.2013.

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The Tribunal considering the documentary

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evidence on record at Exs.P.1 to 106 and considering the oral evidence of PWs.1 to 3 granted compensation of Rs.2,22,787/-.

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Learned counsel for the appellant submits that, the Tribunal failed to consider the injuries sustained by the claimant that she was spent towards treatment. The injuries sustained by the claimant are grievous in nature and the claimant suffered permanent physical disability, but the Tribunal has not considered this aspect. The Tribunal has not granted any compensation in respect of loss of income during the laid up period. Hence, he prayed to allow this appeal.

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Learned counsel for Respondent NO.2-Insurance

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Company submits that, the Tribunal considering the medical evidence as well as oral evidence and documentary evidence

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4 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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on record, granted reasonable compensation. Hence, he prayed to dismiss the appeal.

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As there is no dispute regarding the injuries sustained by the claimant in the road traffic accident that was occurred on 10.03.2023 due to rash and negligent driving of the Maruti Car bearing registration No.KA.30/M.6046 by its driver and liability on the insurer of the offending vehicle. The only point that would arise for Court’s consideration is as follows:

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“Whether the quantum of compensation awarded by the Tribunal is just and proper or does it call for any interference for enhancement?”

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After hearing learned counsel appearing for the parties and after perusing the judgment and award of the Tribunal, this court is of the view that the compensation awarded by the Tribunal is not just and reasonable and it is on the lower side and hence, it requires enhancement.

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As per Ex.P.104-Wound certificate, the claimant sustained following injuries ;

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5 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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i. Fracture of right femoral head poster superior displacement.

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ii. Fracture roof and posterior wall acetabulum with only fragment in the joint.

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As per the opinion of the doctor, both injuries are grievous in nature.

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In this case, the Tribunal has observed that the claimant sustained two grievous injuries and hence, it has awarded compensation of Rs.50,000/- under the head of pain and suffering, which is reasonable one and hence no interference is called for in this regard.

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The Tribunal granted a compensation of Rs.67,787/- towards medical bills, Rs.30,000/- towards loss of amenities, Rs.25,000/- towards restriction in hip movement, which are reasonable and no interference is called for under these heads.

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The Tribunal awarded a sum of Rs.25,000/-

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towards conveyance charge & towards attendant & special deit, which is not reasonable one hence, additional sum of Rs.5,000/- is awarded under this head.

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6 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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Towards attendant in future, the Tribunal awarded a sum of Rs.25,000/-, which is not reasonable, considering the injuries suffered by the claimant and expenses she was incurring towards attendant charges, an additional sum of Rs.5,000/- is awarded under this head.

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The Tribunal has not awarded any compensation under the head of loss of income during the laid up period. Considering the monthly income of Rs.7,000/- for three months Rs.21,000/- is awarded under this head.

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Towards loss of future income the Tribunal has not awarded any compensation and not considered disability aspect. Hence, the income of the claimant is taken at Rs.7,000/- per month. As per the evidence of PW.2-Doctor, the claimant sustained physical permanent disability at 20%. If 1/3^rd of the same at 7% is taken into consideration, it would meet the ends of justice. Thus, the loss of future income comes to Rs.41,160/- (7000 X 12 X 7 X 7/100).

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Hence, in all claimant is entitled for compensation on the following heads.

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7 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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Sl.	Descrition	Compensation	awarded by
No.	p	TheTribunal	This Court
1	Pain and suffering	50,000	50,000
2	Medial Bills	67,787	67,787
3	Conveyance, attendance charges and diet	25,000	30,000
4	Loss ofamenities	30,000	30,000
5	Attendance charges in future	25,000	30,000
6	Restrictions in hip movement	25,000	25,000
7	Loss of income during laid up period	Not awarded	21,000
8	Loss of future income	Not awarded	41,160
	Total		2,94,947
Less Trib	: Compensation awarded unal	by the	2,22,787
Enh	anced by this Court.		72,160/-

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Therefore, the claimant is entitled for total compensation of Rs.2,94,947/- as against Rs.2,22,787/awarded by the Tribunal. Accordingly I pass the following.

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: ORDER :

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i. The miscellaneous first appeal is allowed in part .

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ii. The judgment and award dated 11.02.2016 passed in MVC.No.61/2013 by the I Additional M.A.C.T, Karwar is hereby modified to the extent stated hereinabove.

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8 - NC: 2024:KHC-D:9399 MFA No. 102716 of 2016

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iii. The claimant is entitled for additional compensation of Rs.72,160/- with interest at the rate of 6% per annum from the date of claim petition till the date of realization.

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iv. Respondent No.2-Insurance Company is directed to deposit the additional compensation amount together with interest within a period of four weeks from the date of receipt of copy of this judgment.

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v. Draw the modified award accordingly.

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vi. The Registry is directed to transmit the copy of this judgment to the concerned Tribunal.

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No order as to costs.

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EM/ct-an

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Sd/JUDGE

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List No.: 1 Sl No.: 82

Usha D/O Shankar Keni, v. Shobha Shankar Keni

Case brief

What is this about?

What did the court decide?

Usha D/O Shankar Keni, v. Shobha Shankar Keni

Case brief

What is this about?

What did the court decide?

What the court decided

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