Partly allowed

MD Munthakim Ulla v. the Manager

Karnataka HC18 Sept 2024MFA/2137/2021

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal. The Court accepted a filed notional income of Rs.12,500/-, recalculated future earnings, and added compensation for the three-month laid-up period, directing the insurer to deposit the total enhancement amount.

What did the court decide?

Compensation awarded by the Tribunal is enhanced by Rs.96,300/- with 6% per annum interest; respondent directed to deposit within eight weeks.

MD Munthakim Ulla Vs the Manager — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:38188 MFA No. 2137 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2137 OF 2021(MV-I)

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BETWEEN:

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MD. MUNTHAKIM ULLA, S/O LATE HAJI V. MD.HAYATH, AGED ABOUT 62 YERS, NO.145, 3^RD CROSS, R.K.GARDEN, NEW B.E.L. ROAD, R.M.V. 2^ND STAGE, BANGALORE - 560054.

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PERMANENT ADDRESS:2^ND CROSS, NEAR MEENAKSHI BHVAN, T.G.N. LAYOUT, SHIVAMOGGA - 577 202.

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…APPELLANT

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(BY SRI. YOGESHA G. K.,ADVOCATE)

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AND:

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Digitally signed by 1. THE MANAGER, AASEEFA PARVEEN Location: HIGH UNIVERSAL SAMPO GENERAL INSURANCE CO.LTD., COURT OF NO.217/A, 4^TH FLOOR, KARNATAKA 3^RD MAIN, OUTER RING ROAD, BENGALURU-560 043.

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N. HEMANTH, S/O NARAYANAPPA, R/AT KATTIGENAHALLI, YELAHANKA POST, BENGALURU-560 064.

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…RESPONDENTS

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(BY SRI. B. C. SHIVANNE GOWDA, ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH, V/O. DATED 10.02.2023)

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2 - NC: 2024:KHC:38188 MFA No. 2137 of 2021

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2020 PASSED IN MVC NO. 6832/2018 ON THE FILE OF THE C/C OF XX ADDITIONAL SMALL CAUSES JUDGE AND XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MEMBER, M.A.C.T., BENGALURU (SCCH-22), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

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Heard Sri.yogesha G.K., learned counsel for appellant as well as Sri.B.C.Shivanne Gowda, learned counsel for respondent No.1-insurance company.

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The claimant is before this Court challenging the order that is rendered by the Motor Accidents Claims Tribunal, Bengaluru, in MVC No.6832/2018 dated 22.01.2020.

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As against the claim of Rs.10,00,000/-, the Tribunal through the impugned order awarded a sum of Rs.4,92,436/-

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as compensation and aggrieved by the same and seeking enhancement, the claimant is before this Court.

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Arguing the matter Sri.Yogesha G.K. contends that

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the appellant as driver was earning Rs.20,000/- per month.

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3 - NC: 2024:KHC:38188 MFA No. 2137 of 2021

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However, the Tribunal took the notional income as Rs.9,000/per month which is improper. Learned counsel also contends that the accident occurred in the year 2018 and for the relevant period, the Karnataka State Legal Services Authority is taking the notional income as Rs.12,500/- per month and at-least the said figure should have been considered by the Tribunal.

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Learned counsel Sri.B.C.Shivanne Gowda

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representing respondent No.1 though contends that the amount awarded as compensation is justifiable, did not raise any objection for taking the notional income as Rs.12,500/- per month.

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Admittedly, the appellant has not produced any

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proof in respect of his occupation and earnings by the date of accident. However, the request made to take the notional income as Rs.12,500/- per month is justifiable. Therefore, taking the notional income as Rs.12,500/- per month, without disturbing the other parameters i.e., multiplier applicable to be '7' and permanent physical disability to be 20%, the loss of future earnings on account of permanent physical disability is as under:

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4 - NC: 2024:KHC:38188 MFA No. 2137 of 2021

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Description	Amount Rs.
Notional incomeper month	12,500-00
Annual income(12,500 x 12)	1,50,000-00
Applying the appropriate multiplier'7'(1,50,000x7)	10,50,000-00
Loss of future earnings, permanent physical disability being 20%	2,10,000-00

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The Tribunal through the impugned order awarded a sum of Rs.1,51,200/- only under the head loss of future earnings due to disability. However, the justifiable sum to be awarded is Rs.2,10,000/-. Thus, the enhancement will be Rs.58,800/- (Rs.2,10,000/- - Rs.1,51,200/-)

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Sri.Yogesha G.K. also contends that the Tribunal did not award any sum as compensation towards loss of earnings during laid up period. It is not in dispute that the appellant sustained fracture of right acetabulam, fracture of medial end of right clavicle, fracture of upper 3^rd of left fibula, multiple ribs fractures involving left 5^th to 9^th ribs and right 1^st rib. Also it is not in dispute that the appellant underwent a surgery during the course of treatment.

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5 - NC: 2024:KHC:38188 MFA No. 2137 of 2021

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Having considered these facts, this Court is of the view that appellant would not have attended his normal pursuits at-least for a period of three months. Thus, loss of earnings during laid up period comes to Rs.37,500/- (12,500 x 3). Thus, the total sum which the appellant is entitled to in

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addition to the sum that is awarded by the Tribunal is Rs.96,300/- (Rs.58,800/- + 37,500/-).

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Therefore, in the light of the foregoing discussion, the appeal is disposed of with the following

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ORDER

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i) The appeal is allowed in part.

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ii) The compensation that is awarded by the Motor Accidents Claims Tribunal, Bengaluru, through orders in MVC No.6832/2018 dated 22.01.2020 is enhanced by Rs.96,300/-.

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iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.

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6 - NC: 2024:KHC:38188 MFA No. 2137 of 2021

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iv) The first respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order.

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v) On such deposit, the appellant is permitted to withdraw the entire amount.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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AP CT:TSM List No.: 1 Sl No.: 65

MD Munthakim Ulla v. the Manager

Case brief

What is this about?

What did the court decide?

MD Munthakim Ulla v. the Manager

Case brief

What is this about?

What did the court decide?

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