Allowed

Abubekar Siddiq v. M R Sahid Jasvir

Karnataka HC20 Nov 2024MFA/4130/2018

Case brief

AI extract

What is this about?

Claimant sought enhancement of motor accident compensation of Rs.9,92,400 awarded by the MACT, Hassan. The court fixed notional income at Rs.12,000 per month, applied 40% future prospects to a 30% disability, and enhanced awards under several heads.

What the court decided

AI extract

Abubekar Siddiq Vs M R Sahid Jasvir — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:47192 MFA No. 4130 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.4130 OF 2018(MV-I)

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BETWEEN:

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ABUBEKAR SIDDIQ S/O K. P. AHMMED AGE. 29 YEARS, BADAGOTTA VILLAGE SHANIVARASANTHE

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HOBLI, SOMAVARAPETE TALUK PRESENTLY R/O SOWMYA KESHAVA NILAYA HEMAVATHI NAGARA MAIN ROAD SARASWATHIPURAM HASSAN – 573 201

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…APPELLANT

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(BY SRI. SHARADAMBA A R, ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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M R SAHID JASVIR S/O. MOHAMMED ALI # 2/14 C, NEW HOUSE, SUNKADA MANE SURINJI MANGALORE NORTH

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THE MANAGER

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UNITED INDIA INSURANCE COMPANY LIMITED, 76, K S RAO ROAD, OPP POPULAR

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BUILDING HAMPANAKATTE MANGALORE

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R/BY THE MANAGER UNITED INDIA INSURANCE

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NC: 2024:KHC:47192 MFA No. 4130 of 2018

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COMPANY LIMITED VENKATESHWARA BUILDING B M ROAD HASSAN - 573201

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…RESPONDENTS (BY SRI. Y K SHESHAGIRI RAO, ADVOCATE FOR R-2; VIDE ORDER DATED 11.07.2024, NOTICE TO R-1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.10.2017 PASSED IN MVC NO.1319/2016 ON THE FILE OF THE MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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Being dissatisfied with the award of compensation of Rs.9,92,400/-, the claimant is in this appeal seeking enhancement.

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The occurrence of the accident and the liability to pay compensation by the Insurer are not in dispute.

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The doctor was examined to assess the disability of

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the claimant and the Tribunal on the basis of the said

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3 - NC: 2024:KHC:47192 MFA No. 4130 of 2018

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evidence has concluded that the claimant had suffered disability to the extent of 30%. In my view, this assessment of disability cannot be found fault with.

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The Tribunal has taken the notional income of the claimant as Rs.7,000/- per month and awarded a sum of Rs.4,28,400/- towards ‘loss of future earnings’. The evidence on record indicates that the claimant had, in fact, purchased an air ticket to proceed to Dubai and claims that he was working as a Transporter, earning about Rs.70,000/- p.m. However, the Tribunal has refused the believe the said assertion since the author of Ex.P-22, who issued the certificate indicating that he was earning Rs.70,000/- was not examined.

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It is noticed that the claimant did not produce any documents such as Bank pass book or Bank statements to indicate that he was indeed paid

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4 - NC: 2024:KHC:47192 MFA No. 4130 of 2018

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Rs.70,000/- per month. The Tribunal was, therefore, justified in not accepting this claim of the claimant.

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However, it is also noticed that the claimant had, in fact, purchased an air ticket and this, by itself, indicates that he was a person who had secured a job and was definitely capable of earning more than Rs.9,500/- p.m. as determined by the Karnataka State Legal Services Authority for the accidents of the year 2016. So, in my view, in the totality of the circumstances, it would be appropriate to determine the notional income of the claimant at Rs.12,000/-.

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Since the claimant was aged 29 years and the disability suffered is at 30%, 40% is to be added towards future prospects to determine monthly income of the claimant for awarding compensation towards ‘loss of future income’ which comes to Rs.16,800/- [Rs.12,000/- + (Rs.12,000/- x 40%)].

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5 - NC: 2024:KHC:47192 MFA No. 4130 of 2018

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Consequently, the claimant would be entitled to a sum of Rs. 10,28,160/- (Rs.16,800/- X 12 X ‘17’ X 30%) towards ‘loss of future earnings’.

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The Tribunal has awarded a sum of Rs.25,000/towards ‘pain and sufferings’ and Rs.15,000/towards ‘loss of amenities’. Since the claimant was hospitalized for one month and had undergone surgical procedure, it would be appropriate to award a sum of Rs.75,000/- each under the both heads.

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The sums of Rs.4,30,000/- awarded under the head ‘Medical Expenses’ and Rs.50,000/- awarded under the head ‘Future Medical Expenses’ are just and proper and are accordingly affirmed.

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The Tribunal has awarded a sum of Rs.30,000/towards ‘attendant charges, food and nourishment charges’. In my view, since the petitioner was hospitalized for one month, it would be appropriate

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6 - NC: 2024:KHC:47192 MFA No. 4130 of 2018

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to award Rs.45,000/- towards ‘Attendant, food and nourishment charges’.

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The Tribunal has taken up the laid-up period as two months. In my view, since the claimant has suffered 30% disability and has undergone surgical procedure, it would be appropriate to treat the laidup period as four months and since the monthly income of the claimant is determined as Rs.9,500/-, the claimant is entitled to a sum of Rs.48,000/(Rs.12,000/- x 4 months) towards ‘loss of income during laid-up period’.

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Consequently, the award of the Tribunal is modified and the following sums are awarded as compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	25,000/-	75,000/-
2.	Loss of future	4,28,400/-	10,28,160/-

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NC: 2024:KHC:47192 MFA No. 4130 of 2018

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	earnings
3.	Medical expenses	4,30,000/-	4,30,000/-
4.	Loss of income during the laid up period	14,000/-	48,000/-
5.	Attendant charges	15,000/-
6.	Food and Nourishment charges	15,000/-	45,000/-
7.	Loss of amenities in life	15,000/-	75,000/-
8.	Future medical expenses	50,000/-	50,000/-
	Total	9,92,400/-	17,51,160/-

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Accordingly, the claimant is held entitled for compensation of Rs.17,51,160/- as against Rs.9,92,400/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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However, the claimant would not be entitled for interest for the delayed period as per order dated 23.08.2023.

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8 - NC: 2024:KHC:47192 MFA No. 4130 of 2018

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The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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The other aspects of the Award of the Tribunal remain undisturbed.

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This appeal is, accordingly, allowed in part .

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Sd/(N S SANJAY GOWDA) JUDGE

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HNM

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List No.: 1 Sl No.: 31

Abubekar Siddiq v. M R Sahid Jasvir

Case brief

What is this about?

What the court decided

Abubekar Siddiq v. M R Sahid Jasvir

Case brief

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What the court decided

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