Allowed

Jilani @ Jilan v. C.L. Indu Shekar

Karnataka HC13 Mar 2024MFA/2230/2015

Case brief

AI extract

What is this about?

Claimant injured in a road accident sought enhancement of compensation awarded by the MACT. The High Court enhanced compensation to Rs.1,47,100/- under various heads including loss of future earning capacity using the Legal Services Authority chart and multiplier 15, and exonerated the insurer, directing the vehicle owner to pay.

What did the court decide?

Appeal allowed in part; compensation enhanced by Rs.97,200/- with 6% interest; owner directed to deposit within two months; modified award to be drawn.

Jilani @ Jilan Vs C.L. Indu Shekar — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:10333 MFA No. 2230 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.2230 OF 2015(MV-I)

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BETWEEN:

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JILANI @ JILAN, S/O JAFFAR SAB, AGED ABOUT 47 YEARS, C.N.HALLI TALUK, TUMKUR DISTRICT.

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…APPELLANT

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(BY SRI. MUSHTAQ AHMED., ADVOCATE)

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AND:

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C.L. INDU SHEKAR

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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S/O LAKKANNA, AGED ABOUT 50 YEARS, G.P.A HOLDER, PETE BEEDI, CHIKKANAYAKANAHALLI, TUMKUR DISTRICT.

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THE NEW INDIA ASSURANCE CO.LTD., TUMKUR SHOPPING COMPLEX, B.H.ROAD, TUMKUR, REPRESENTED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. C.S.NAGENDRA., ADVOCATE FOR R1; SRI. A.N.KRISHNASWAMY., ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED:11.7.2013 PASSED IN MVC NO.1576/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, XIX MACT, ITINERATE COURT,

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NC: 2024:KHC:10333 MFA No. 2230 of 2015

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CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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Sri.Ravishankar.C.R., learned counsel on behalf of

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Sri.A.N.Krishna Sway., for respondent No.2 has appeared in person.

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Though the appeal is listed today for admission, it is

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heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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Learned counsel for respondent No.2 have urged several contentions. Heard, the contentions urged on behalf of respondent No.1 and perused the appeal papers with utmost care.

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The following points would arise for consideration:

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Whether the Claimant is entitled for enhanced

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compensation?

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NC: 2024:KHC:10333 MFA No. 2230 of 2015

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Whether the Tribunal is justified in fastening the liability on the Insurance Company?

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The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question. Hence, this Court deems it appropriate to award Rs.50,000/- (Rupees Fifty Thousand only) towards pain and sufferings as against Rs.20,000/(Rupees Twenty Thousand only) awarded by the Tribunal.

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The amount of Rs.10,000/- (Rupees Ten Thousand only) towards Medical expenses awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.5,000/(Rupees Five Thousand only); Rs.10,000/- (Rupees Ten Thousand only) and Rs.13,500/- (Rupees Thirteen Thousand Five Hundred only) towards Attendant charges; extra nourishment and transportation and other incidental expenses and Loss of earning during laid up period as against Rs.1,900/-

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4 - NC: 2024:KHC:10333 MFA No. 2230 of 2015

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(Rupees One Thousand Nine Hundred only); Rs.5,000/(Rupees Five Thousand only) and Rs.3,000/- (Rupees Three Thousand only) awarded by the Tribunal.

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It is noticed that the Tribunal has not awarded compensation under the head of Loss of future earning capacity due to disability. It is contended that the claimant was working as Cleaner. However, there is no proof of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2008, the salary of the injured must be taken as Rs.4,500/- (Rupees Four Thousand Five Hundred only) per month. The age of the claimant was 40 years as on the date of accident, hence the multiplier 15 is to be adopted. It is said that the claimant has suffered total disability of 6%. Hence, the amount towards loss of future earning capacity due to disability is calculated as under:

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Rs.4,500/- X 12 X 15 X 6/100 = Rs.48,600/-.

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It is noticed that the Tribunal has not awarded compensation under the head of Loss amenities. Hence, this

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5 - NC: 2024:KHC:10333 MFA No. 2230 of 2015

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Court deems it appropriate to award Rs.10,000/- (Rupees Ten

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Thousand only) towards Loss amenities.

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Accordingly, this Court re-determines the

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compensation as under:-

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1.	Pain and Sufferings	30,000 +20,000	Rs.50,000/-
2.	Medical Expenses	10,000	Rs.10,000/-
3.	Attendant Charges	1,900 + 3,100	Rs.5,000/-
4.	Extra nourishment and transportation and other incidental expenses.	5,000 +5,000	Rs.10,000/-
5.	Loss of earning during laid up period	4,500 x 3	Rs.13,500/-
6.	Loss of future earning	48,600/-	Rs.48,600/-
	capacity due to disability
7.	Loss amenities	10,000	Rs.10,000/-
		Total:	Rs.1,47,100/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.49,900/-
	Enhanced compensa	tion awarded by this Court:	Rs.97,200/-

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6 - NC: 2024:KHC:10333 MFA No. 2230 of 2015

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Since the injured claimant is a cleaner, there is no provision to cover the risk of cleaner in the bus. In the appeal filed by the Insurance company in MFA No.4684/2014, this Court has exonerated the Insurance Company from the liability. Hence, the owner of the vehicle C.L.Indu Shekar is directed to satisfy the award.

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed in part and the Judgment

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dated:11.07.2013 passed by the Court of Senior Civil Judge and XIX MACT, Chikkanayakanahalli in M.V.C.No.1576/2008 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced compensation of Rs.97,200/- (Rupees Ninety Seven Thousand Two Hundred only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

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7 - NC: 2024:KHC:10333 MFA No. 2230 of 2015

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The first respondent - C.L.Indu Shekar is

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directed to deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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Needless to observe that the claimant is

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not entitled for the interest for delayed period.

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The Registry to draw the modified award

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accordingly.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 23

Jilani @ Jilan v. C.L. Indu Shekar

Case brief

What is this about?

What did the court decide?

Jilani @ Jilan v. C.L. Indu Shekar

Case brief

What is this about?

What did the court decide?

What the court decided

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