Partly allowed

Sri Shivaraju v. M/S N P Rahamathulla Khan

Karnataka HC2 Dec 2024MFA/10634/2013

Case brief

AI extract

What is this about?

Claimant appealed under Section 173(1) MV Act seeking enhancement of compensation for leg fractures causing permanent disability. The court reassessed heads of damages, adopted 15% whole-body disability and multiplier 18, enhancing compensation to Rs.3,62,845/- with interest at 6% per annum.

What did the court decide?

Additional compensation of Rs.1,75,400/- with 6% interest awarded; appeal allowed in part.

Sri Shivaraju Vs M/S N P Rahamathulla Khan — Motor Accident Claims | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 2^ND DAY OF DECEMBER, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 10634 OF 2013 (MV-I)

¶7

BETWEEN:

¶8

SRI SHIVARAJU S/O GOPALAPPA, AGED ABOUT 25 YEARS, OCC: NIL R/O. THIRUMALAPPA VILLAGE, VAKKALERI POST, MALUR TALUK KOLAR DISTRICT.

¶9

…APPELLANT

¶10

(BY SRI. SURESH M LATUR.,ADVOCATE)

¶11

AND:

¶12

M/S N P RAHAMATHULLA KHAN AND ASSOCIATES, NO.13/11, PAMPAMAHAKAVI ROAD, BANGALORE – 546004

¶13

Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

¶14

THE MANAGER

¶15

ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., NO.186, RAGHAVENDRA COMPLEX, HOSUR MAIN ROAD, WILSON GARDEN BANGALORE - 560027

¶16

…RESPONDENTS

¶17

(BY SRI. C R RAVISHANKAR, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 28.10.2024)

¶18

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2013 PASSED IN MVC NO.1836/2011 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶19

¶20

NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶21

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶22

CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

¶23

ORAL JUDGMENT

¶24

This appeal is by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 9.7.2013 passed in MVC No.1836/2011 by the XII Additional Small Causes Judge and Member, MACT, Bangalore (for short ‘the Tribunal’), seeking enhancement of compensation.

¶25

The factum of accident, injuries sustained by the

¶26

claimant and liability of the insurance company are not in dispute.

¶27

From the evidence on record, it is proved that the claimant has suffered fracture of both bones of tibia and fibula of right leg. The doctor – PW.3 has assessed the permanent physical disability at 29.6% to right lower limb and 15% disability to the whole body. The claimant was doing house keeping service.

¶28

3 - NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶29

The Tribunal has awarded compensation under

¶30

various heads as follows:

¶31

Loss of future income due to disability	:	Rs.	97,200.00
Loss of amenities in life, happiness and frustration		Rs.	20,000.00
Conveyance, attendant charges, food and nourishment	:	Rs.	10,000.00
Pain and suffering		Rs.	35,000.00
Loss of income during treatment	:	Rs.	9,000.00
Medical Expenses	:	Rs.	16,245.00
TOTAL	:	Rs.	1,87,445.00

¶32

The Tribunal has not adopted correct parameters

¶33

while determining the compensation. Therefore, the claimant is entitled to enhanced compensation.

¶34

Considering the nature of injuries sustained, a sum

¶35

of ` 40,000/- is awarded towards pain and suffering. The

¶36

medical expenses awarded at ` 16,245/- is kept in tact. Loss of

¶37

amenities is awarded at ` 35,000/-. The laid up period is taken

¶38

as four months and the compensation under the said head is

¶39

reassessed at 6,500/-x4= 26,000/-. Conveyance, attendant

¶40

4 - NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶41

charges, food and nourishment is also reassessed at ` 20,000/-.

¶42

The future medical expenses is assessed at ` 15,000/-.

¶43

The doctor has stated that the claimant has suffered 29.6% permanent physical disability towards right lower limb and assessed 15% disability towards the whole body. The Tribunal has taken only 10% disability towards whole body, which is in a lesser side. The claimant has suffered fracture of both bones of tibia and fibula of right leg. Further, the claimant was doing house keeping service. Therefore, it is just and proper to accept the evidence of doctor by considering 15% as permanent physical disability to the whole body. The accident had occurred on 2.3.2011. Therefore, the notional income is taken as ` 6,500/-. The

¶44

claimant was 23 years old and the appropriate multiplier is 18. Therefore, loss of earning capacity due to disability is hereby reassessed as follows:

¶45

6,500/-x15/100x18x12 = 2,10,600/-

¶46

Hence, the appellant is entitled for a total enhanced compensation, under various heads as follows:

¶47

¶48

NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶49

Loss of future income due to : Rs. 2,10,600.00
disability
6,500/-x15/100x18x12 Loss of amenities in life, : Rs. 35,000.00 happiness and frustration Conveyance, attendant charges, : Rs. 20,000.00 food and nourishment Pain and suffering : Rs. 40,000.00 Loss of income during laid up : Rs. 26,000.00 period  6,500x4
Medical Expenses : Rs. 16,245.00
Future medical expenses : Rs. 15,000.00
TOTAL : Rs. 3,62,845.00

¶50

Therefore, the appellant is awarded a total

¶51

compensation of Rs.3,62,845/- as against the compensation awarded by the Tribunal at Rs.1,87,445/-. Hence, the appellant is entitled for an additional compensation of Rs.1,75,400/(Rs.3,62,845 – Rs.1,87,445), along with interest at 6% per annum from the date of filing of the petition till deposit.

¶52

10. Accordingly, I pass the following:

¶53

ORDER

¶54

i. The appeal is allowed in part.

¶55

6 - NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶56

ii. The impugned judgment and award dated 9.7.2013, passed in MVC No.1836/2011, on the file of XII Additional Small Causes Judge and Member, MACT, Bangalore, is modified to an extent that the appellant – claimant is entitled for an additional compensation of Rs.1,75,400/- (Rupees One Lakh Seventy Five Thousand Four Hundred Only), along with interest at 6% per annum from the date of filing of the petition till deposit in addition to what has been awarded by the Tribunal.

¶57

iii. The appellant – claimant is not entitled to interest for 71 days, which is the delay period in filing the present appeal.

¶58

iv. The second respondent insurance company shall deposit the enhanced compensation along with interest within 30 days from the date of receipt of a copy of this judgment.

¶59

v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the judgment passed by this Court forthwith without any delay.

¶60

¶61

NC: 2024:KHC:49359 MFA No. 10634 of 2013

¶62

vi. Draw award accordingly

¶63

vii. No order as to costs.

¶64

SD/(HANCHATE SANJEEVKUMAR) JUDGE

¶65

ND List No.: 1 Sl No.: 54

Sri Shivaraju v. M/S N P Rahamathulla Khan

Case brief

What is this about?

What did the court decide?

Sri Shivaraju v. M/S N P Rahamathulla Khan

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

Coram

Case details

Similar cases

Mrs. Dolores L. a. Nazareth Vs B. Raju

Smt. Shoba Mallik @ Shobha Anil Vs the Managing Director

Abdul Kareem @ Kaleem Vs C S Mamatha

Smt Hamsaveni Vs Mir Khashim Ali

Sri Kantharaju Vs Smt. Bhagyamma

Sri Ghouse Peer Vs Sri Sandeep P Agadi