Partly allowed

Thanfi Kader. M. P. v. H.D.F.C. Ergo General Insurance Company Limited

Karnataka HC12 Sept 2024MFA/3442/2023

Case brief

AI extract

What is this about?

The appellant challenged the Motor Accidents Claims Tribunal's compensation award, arguing for higher disability assessment and compensation. The High Court enhanced the disability percentage and corrected the calculation for loss of future earnings and pain and suffering, partially allowing the appeal.

What did the court decide?

Compensation enhanced by Rs. 1,10,720/- with 6% interest.

Thanfi Kader. M. P. Vs H.D.F.C. Ergo General… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:37447 MFA No. 3442 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^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.3442 OF 2023(MV-I)

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BETWEEN:

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THANFI KADER, M. P. S/O MUHAMMED THAHA, AGED ABOUT 27 YEARS, R/AT THANZEEL, P. A. ROAD, ANJUKANDY, KANNUR DISTRICT, HOSPITAL, P. O. KANNUR, KANNUR DISTRICT, KERALA-670 017.

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AND ALSO AT: NO.3/1, 1^ST CROSS, S. P. ROAD, BENGALURU-560 002.

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…APPELLANT

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(BY SRI. M. V. MAHESWARAPPA, ADVOCATE)

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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AND:

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H.D.F.C. ERGO GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS MANAGER, SHANKARANARAYANA BUILDING, M G.ROAD, BENGALURU-560 001.

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MOHIT KUMAR DAGA, S/O RAJKUMAR DAGA, AGED MAJOR, NO.1B705, DIVYASREE ELAN, SARJAPURA MAIN ROAD,

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2 - NC: 2024:KHC:37447 MFA No. 3442 of 2023

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BEFORE FIRE STATION, BENGALURU-560 035.

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. PRADEEP B., ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH, V/O. DATED 05.06.2023 )

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.03.2023 PASSED IN MVC NO.2728/2020 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-26, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, 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.M.V.Maheshwarappa learned counsel for the

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appellant as well as Sri.Mallikarjun Reddy.N.A. who represents

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Sri.Pradeep.B learned counsel for respondent No.1.

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The claimant is before this Court challenging the order that is passed by the Motor Accidents Claims Tribunal, Bangalore in MVC No.2728/2020 dated 10.03.2023. This appeal is filed seeking enhancement of compensation.

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NC: 2024:KHC:37447 MFA No. 3442 of 2023

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Submitting that the appellant has no grievance with regard to the notional income taken and the multiplier applied for calculating the loss of future earnings due to permanent physical disability, learned counsel Sri.M.V.Maheshwarappa submits that through the evidence of PW2 the appellant succeeded in establishing that the disability in respect of left lower limb is 36% and to the whole body is 12%. However, the Tribunal took the disability in respect of whole body as 7% which is wholly unjustifiable. Learned counsel also contends that the amount awarded under other heads is also grossly low.

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Sri.Mallikarjun Reddy.N.A. representing respondent No.1 on the other hand states that the Tribunal awarded a justifiable sum as compensation and therefore, the appeal is not maintainable.

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As against the claim for Rs.10,00,000/-, the Tribunal through the impugned order awarded a sum of Rs.5,08,018/- as compensation divided under following heads:

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1	Pain and sufferings	20,000-00
2	Loss of income during laid- up period	42,000-00
3	Attendant charges, extra	23,400-00

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NC: 2024:KHC:37447 MFA No. 3442 of 2023

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	nutritious food & conveyance charges
4	Medical expenses	1,90,938-00
5	Loss of future income due to disability	2,11,680-00
6	Loss of future amenities & happiness	20,000-00
	TOTAL	5,08,018-00

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It is not in dispute that the appellant sustained fracture of left tibia and he was treated with closed reduction and internal fixation with IMIL nail. It is clearly brought on record that the implants were removed as the fracture was united. Having considered this aspect and subjecting the evidence of PW2 to scrutiny, this Court is of the view that the disability in respect of whole body is required to be taken as 10%. Thus, without disturbing the other parameters as assessed by the Tribunal i.e., Notional Income as Rs.14,000/-, multiplier to be applied is '18', the loss of future earnings due to permanent physical disability comes to Rs.3,02,400/(Rs.14,000/- X 12 X 18 X 10%). The Tribunal through the impugned order awarded a sum of Rs.2,11,680/- only under the said head. Thus, the enhancement will be Rs.90,720/(Rs.3,02,400/- - Rs.2,11,680/-).

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5 - NC: 2024:KHC:37447 MFA No. 3442 of 2023

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The amount awarded under the head pain and suffering i.e., Rs.20,000/- is grossly low as rightly contended by learned counsel for the appellant Sri.M.V.Maheshwarappa. Having considered the nature of injury sustained and the treatment taken which includes surgery, this Court is of the view that the appellant is entitled to a sum of Rs.40,000/under the head pain and suffering. Thus, the enhancement will be Rs.20,000/- (Rs.40,000/- - Rs.20,000/-).

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In the light of the foregoing discussion, this Court is of the view that the appellant is thus entitled to a sum of Rs.1,10,720/- (Rs.90,720/- + Rs.20,000/-) in addition to the sum that is awarded by the Tribunal. Thus, 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.2728/2020 dated 10.03.2023 is enhanced by Rs.1,10,720/-.

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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:37447 MFA No. 3442 of 2023

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(iv) Respondent No.1 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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List No.: 1 Sl No.: 49

Thanfi Kader. M. P. v. H.D.F.C. Ergo General Insurance Company Limited

Case brief

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What did the court decide?

Thanfi Kader. M. P. v. H.D.F.C. Ergo General Insurance Company Limited

Case brief

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What did the court decide?

What the court decided

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