Partly allowed

Smt Waheeda Begum v. the Manager

Karnataka HC10 Sept 2024MFA/3554/2024

Case brief

AI extract

What is this about?

In a miscellaneous first appeal against the Motor Accidents Claims Tribunal's order, the High Court enhanced the compensation awarded to an agriculturist appellant who sustained permanent disability, increasing the total sum by Rs. 55,560/- covering future losses, lay-up period, and incidental expenses.

What did the court decide?

The compensation awarded by the Tribunal is enhanced by Rs. 55,560/-, with interest at 6% p.a. from the date of petition.

Smt Waheeda Begum Vs the Manager — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:36904 MFA No. 3554 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^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.3554 OF 2024(MV-I)

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BETWEEN:

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SMT. WAHEEDA BEGUM, W/O RIYAZ AHAMMED, AGED ABOUT 55 YEARS, R/O MUKKANAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573201.

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PRESENTLY RESIDING AT C/O. SHAHID BEG, HUNASINAKERE ROAD, GADDEHALLA HASSAN-573201.

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…APPELLANT

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(BY SRI. GIRISH B. BALADARE, ADVOCATE)

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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AND:

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THE MANAGER, DIVISIONAL CONTROLLER K.S.RT.C., HOLENARASIPURA UNIT HASSAN DIVISION, HASSAN-573201.

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…RESPONDENT

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(BY SRI. D.VIJAYA KUMAR, ADVOCATE)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.09.2023 PASSED IN MVC NO. 1406/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2024:KHC:36904 MFA No. 3554 of 2024

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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.Girish.B.Baladare learned counsel for the appellant as well as Sri.D.Vijaya Kumar, learned counsel for the respondent. While Sri.Girish.B.Baladare appears physically before this Court, Sri.D.Vijaya Kumar appears through video conference.

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The claimant in MVC No.1406/2021 which stood pending before the Addl. Motor Accidents Claims Tribunal, Hassan and was disposed of on 27.09.2023 is before this Court through this appeal seeking enhancement of compensation. As against the claim for Rs.20,00,000/- in total, the Tribunal through the impugned order awarded a sum of Rs.3,11,605/- as compensation.

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Arguing the matter, Sri.Girish.B.Baladare for the appellant submits that the appellant as an agriculturist

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3 - NC: 2024:KHC:36904 MFA No. 3554 of 2024

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was earning Rs.20,000/- p.m. by the date of accident. The appellant sustained grievous injuries due to the accident and became permanently disabled. However, taking the notional income as Rs.14,000/- p.m., the Tribunal awarded a meager sum under the head loss of future earnings which is unjustifiable. Learned counsel also states that the amount awarded under all other heads is also grossly low. Learned counsel ultimately seeks for enhancement of compensation.

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Further submission is made by

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Sri.Girish.B.Baladare that the accident occurred in the year 2021 and for the relevant period, the Karnataka State Legal Services Authority is taking the notional income as Rs.15,000/- p.m. and at least the said figure should have been adopted by the Tribunal. Without raising any objection with regard to the notional income to be taken as Rs.15,000/- p.m., Sri.D.Vijaya Kumar states that the disability as assessed by the Tribunal is 8% and the same needs no interference. This Court is convinced with the

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4 - NC: 2024:KHC:36904 MFA No. 3554 of 2024

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submission thus made. The disability as assessed by the Tribunal is proper. Also the multiplier to be applied is '11' as observed by the Tribunal. Though it is contended that the appellant as an agriculturist was earning Rs.20,000/p.m., in the light of absence of any proof to that effect, this Court considers desirable to take the notional income

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of the appellant as Rs.15,000/- p.m. Thus the loss of future earnings due to permanent physical disability is as under:

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Notional monthly income	Rs.15,000/-
Annual income	Rs.1,80,000/-
On applying appropriate multiplier 11	Rs.19,80,000/-
Permanent physical disability being 8%, loss of future earnings is	Rs.1,58,400/-

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The Tribunal through the impugned order

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awarded a sum of Rs.1,47,840/- only under the head loss of future earnings. Thus the enhancement in this regard will be Rs.10,560/- (Rs.1,58,400-Rs.1,47,840).

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5 - NC: 2024:KHC:36904 MFA No. 3554 of 2024

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It is not in dispute that the appellant sustained

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fracture of left femur which is grievous in nature. It is also brought on record that the injury was treated with closed reduction and internal fixation with PF nail. Further it is also brought on record that the appellant took treatment as inpatient for 6 days.

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Having considered the nature of injuries sustained, this Court is of the view that the appellant would not have attended her normal pursuits at least for a period of three months. Thus the loss of earnings during laid up period comes to Rs.45,000/- (Rs.15,000X3). The Tribunal through the impugned order awarded a sum of Rs.14,000/- only under the head loss of income during laid up period. Thus the enhancement will be Rs.31,000/(Rs.45,000-Rs.14,000). Also the amount awarded i.e., Rs.6,000/- under the head diet food, nourishment, conveyance, attendant charges and other incidental expenses is grossly low. This Court is of the view that the appellant is entitled to a sum of Rs.20,000/- under the

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6 - NC: 2024:KHC:36904 MFA No. 3554 of 2024

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said head. Thus the enhancement will be Rs.14,000/(Rs.20,000-Rs.6,000).

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Therefore, in light of the foregoing discussion, the appellant is entitled to a sum of Rs.55,560/(Rs.10,560+31,000+14000) in addition to the sum that is awarded by the Tribunal as compensation.

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Thus, the appeal is disposed of with the

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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 granted by the Addl. Motor Accidents Claims Tribunal, Hassan through orders in MVC No.1406/2021 dated 27.09.2023 is enhanced by Rs.55,560/-.

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

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(iv) Respondent is directed to deposit the enhanced sum within a period of 8(eight)

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7 - NC: 2024:KHC:36904 MFA No. 3554 of 2024

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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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NS CT:TSM List No.: 1 Sl No.: 70

Smt Waheeda Begum v. the Manager

Case brief

What is this about?

What did the court decide?

Smt Waheeda Begum v. the Manager

Case brief

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