Partly allowed

Sri Israr Basha S/O Mahammed Shareef Sab v. Sri Suresh B R S/O Rudrappa N

Karnataka HC26 Sept 2024MFA/103029/2024

Case brief

AI extract

What is this about?

Claimant injured in a motorcycle-car collision sought enhancement of compensation awarded by the MACT Ranebennur. The court raised disability to 15%, adopted notional income of Rs.13,750 per month, enhanced several heads, and reduced interest to 6% p.a.

What did the court decide?

Total compensation enhanced to Rs.5,62,000/- with interest at 6% p.a. from date of petition; insurer to deposit within six weeks or pay 9% p.a.; entire amount released to claimant.

Sri Israr Basha S/O Mahammed Shareef Sab Vs Sri… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF SEPTEMBER 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. 103029 OF 2024

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BETWEEN:

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SRI. ISRAR BASHA S/O. MAHAMMED SHAREEF SAB, AGE: 34 YEARS, OCC: COOLIE & AGRICULTURE WORK, R/O: GALIBAIL, KENCHANALA VILLAGE, TQ: HOSANAGAR, DIST: SHIVAMOGGA, NOW AT ISLAMPUR ONI, 2^ND CROSS, RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

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AND:

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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SRI. SURESH B R S/O. RUDRAPPA N, AGE: MAJOR, OCC: BUSINESS, R/O: BETTATAVAREKERE VILLAGE, NEERALAKERE POST-577228, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT, (OWNER OF THE VEHICLE SANTRO CAR NO. KA-18/N-2530)

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THE LEGAL CLAIMS MANAGER, UNIVERSAL SOMPO GIC, 2 A, 2^ND FLOOR, 84, RAMSON COMPLEX, P.B ROAD, HOSUR HUBBALLI -21 (OWNER OF THE VEHICLE SANTRO CAR NO. KA-18/N 2530) POLICY NO. 2354/CSC/00038464/00/000 VALID FROM 17-02-2020 TO 16-02-2021.

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…RESPONDENTS

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(NOTICE TO R1 DISPENSED WITH; BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2)

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2 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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THIS MFA FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYS TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF THE III ADDL. SENIOR CIVIL JUDGE & ADDL. MACT., RANEBENNUR, DATED 15.05.2023 IN MVC NO.634/2020 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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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment dated 15.05.2023 passed in MVC No.634/2020 by III Addl. Senior Civil Judge and Addl. MACT, Ranebennur.

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The case of the claimant in brief is that on 01.07.2020, the claimant of this case and claimant of MVC No.633/2020 were going on motorcycle bearing Chassis No.ME3U3S5C1HD117933. The claimant was riding a motorcycle and claimant in MVC No.633/2020 was a pillion rider. At about 17.00 hours, when they were near Tumbri Hosur-Suragihalli road, a Santro Car bearing Reg.No.KA18/N-2530 driven by its driver with a high speed and in a rash and negligent manner dashed to the motorcycle and

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3 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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due to the impact, the claimant of this case and claimant

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of MVC No.633/2020 have sustained injuries. The claimant

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made the claim petition seeking compensation. The Tribunal after recording evidence, has awarded the compensation as under:

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Sl. No.	Heads		Amount
1.	Towards loss of future earnings	Rs.	88,740/-
2.	Towards pain and suffering	Rs.	20,000/-
3.	Towards Attendance charges	Rs.	6,000/-
4.	Towards Conveyance charges	Rs.	5,000/-
5.	Towards Food, diet and nourishment	Rs.	5,000/-
6.	Towards loss of amenities	Rs.	5,000/-
7.	Towards loss of income during laid up period.	Rs.	14,500/-
8.	Medical expenses	Rs.	5,000/-
	Total	Rs.	1,49,240/-

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The claimant has filed this appeal seeking enhancement of compensation.

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Heard, learned counsel for the appellant and

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learned counsel for respondent No.2-Insurance company.

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Learned counsel for appellant would contend that the claimant has sustained displaced communited fracture of calcaneum, chip fracture of navicular bone, chip fracture of distal end of tibia antero laterally and other

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4 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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injuries and same can be seen in Ex.P-20-wound certificate. He contends that, considering the said injury, PW3- the Doctor has assessed disability at 46.13% and the Tribunal has erred in taking the disability at 3%. The Tribunal ought to have taken the disability at 15%. He further contends that the compensation awarded for pain

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and sufferings, loss of amenities, loss of income during laid-up period are on lower side. With this, he prayed to allow the appeal.

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Learned counsel for respondent No.2 would

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contend that as per chart prepared by legal service authority for the year 2020, the notional income fixed is Rs.13,750/- and the Tribunal has erred in taking the income at Rs.14,500/- per month. He contends that the Tribunal has rightly taken the disability at 3% and awarded just and fair compensation. With this, he prayed to dismiss the appeal.

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5 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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Having heard learned counsels, the Court has

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perused the impugned judgment and other materials placed on record.

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As per Ex.P-20-wound certificate, the claimant has sustained displaced communited fracture of calcaneum, chip fracture of navicular bone, chip fracture of distal end of tibia antero laterally and other injuries. The PW-3-Doctor, considering the said aspect, has issued disability certificate as per Ex.P-32 and assessing the disability at 46.13%. Even though, the Doctor has assessed the disability at 46.13%, the Tribunal has erred in taking the disability at 3%. The Tribunal ought to have taken the disability atleast 1/3 of the disability as stated by the Doctor. The Tribunal has ought to have taken disability at 15%. As per the chart prepared by legal service authority for settlement of disputes in Lok-Adalath, the notional income fixed for the year 2020 is Rs.13,750/-

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per month. The Tribunal has taken the income of the claimant at Rs.14,500/- without any basis. The Tribunal

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6 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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ought to have taken the said notional income fixed for the year 2020 by legal service authority. The Tribunal has rightly taken the multiplier as ‘17’ and calculated the loss of future earnings. In view of the same, the loss of future earning is Rs.4,20,750/-(13,750 x 12 x 17 x 15%).

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Considering the fracture sustained, the compensation awarded for pain and sufferings and loss of amenities is on lower side. The Tribunal ought to have awarded Rs.40,000/for pain and sufferings and Rs.40,000/- for loss of amenities. The claimant has been admitted in the hospital for 3 days and considering the fracture sustained by him, the Tribunal ought to have awarded loss of income during laid-up period for a period of 3 months i.e., Rs.41,250 (13,750 x 3). The Tribunal has rightly awarded medical expenses in a sum of Rs.5,000/considering the medical bills produced by the claimant. The claimant is entitled to attendant charges, Conveyance charges, Food diet and nourishment in a sum of Rs.15,000/- as against Rs.16,000/- awarded by the

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7 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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Tribunal. In view of the above, the claimant is entitled to

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compensation as under:

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Sl. No.	Heads		Amount
1.	Towards loss of future earnings	Rs.	4,20,750/-
2.	Towards pain and suffering	Rs.	40,000/-
3.	Towards loss of amenities	Rs.	40,000/-
4.	Towards Attendance, Conveyance, Food, diet and nourishment charges	Rs.	15,000/-
5.	Towards loss of income during laid up period.(13750 x 3)	Rs.	41,250/-
6.	Medical expenses	Rs.	5,000/-
	Total	Rs.	5,62,000/-

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The appellant/claimant is entitled to total compensation of Rs.5,62,000/- as against Rs.1,49,240/as awarded by the Tribunal. The Tribunal has awarded interest at the rate of 9% p.a. and it is on higher side. Considering the decisions of this Court and the Hon’ble Apex Court, interest to be awarded is at 6%.

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11. In the result, the following:

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ORDER

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i. The appeal is allowed-in-part.

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ii. The award passed in MVC No.634/2020 is

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modified as under.

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8 - NC: 2024:KHC-D:14003 MFA No. 103029 of 2024

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iii. The appellant/claimant is entitled to total compensation of Rs.5,62,000/with interest at the rate of 6% p.a from the date of petition till its realization.

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iv. The respondent No.2-Insurance company shall deposit the compensation amount with interest within a period of six weeks from the date of receipt of certified copy of this judgment, failing which, it is liable to pay interest at the rate of 9% p.a.

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v. The claimant is entitled to release the entire amount of compensation.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM

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List No.: 1 Sl No.: 13

Sri Israr Basha S/O Mahammed Shareef Sab v. Sri Suresh B R S/O Rudrappa N

Case brief

What is this about?

What did the court decide?

Sri Israr Basha S/O Mahammed Shareef Sab v. Sri Suresh B R S/O Rudrappa N

Case brief

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What did the court decide?

What the court decided

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