Najeema Banu W/O Javeed Ahammad Mattikoti Vs Divisional Controller

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 03.11.2014, PASSED IN MVC NO.328/2013, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ALLOWING THIS APPEAL.

¶17

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

¶18

2 -

¶19

NC: 2025:KHC-D:9152 MFA No. 100254 of 2015

¶20

HC-KAR

¶21

ORAL JUDGMENT

¶22

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

¶23

This appeal is filed by the claimant challenging the judgment and award dated 03.11.2014, passed by the Additional Senior Civil Judge and Additional MACT, Ranebennur, in MVC No.328/2013, seeking enhancement of compensation.

¶24

Heard the arguments and perused the trial

¶25

Court records and the material placed before the Court.

¶26

The occurrence of accident, injuries sustained

¶27

by the claimant, coverage of insurance are not in dispute in this case.

¶28

In this case, from the medical evidence on record it is proved that the claimant had suffered the following injuries.

¶29

“Loss of teeth, partial tear of supra spinatus tendor and compress fracture of T10 vertebra.”

¶30

3 - NC: 2025:KHC-D:9152 MFA No. 100254 of 2015

¶31

HC-KAR

¶32

The tribunal has awarded compensation under

¶33

various heads as under:

¶34

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Pain and suffering.	25,000
2.	Medical and hospital expenses.	9,044
3.	Conveyance, diet, extra nourishment charges, food and attendant charges.	4,000
4.	Loss of income during laid up period.	6,000
5.	Loss of future earning capacity on account of permanent physical disability.	45,900
6.	Loss of amenities and enjoyment of life.	5,000
	Total:	94,944

¶35

Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

¶36

In the present case the doctor PW.2 has stated that the claimant has suffered 20% total permanent physical, but the tribunal has considered only 5% to the whole body. Considering the injuries suffered by the

¶37

4 -

¶38

NC: 2025:KHC-D:9152 MFA No. 100254 of 2015

¶39

HC-KAR

¶40

claimant, 8% of permanent physical disability is to be taken into consideration.

¶41

The accident is caused on 12.09.2012. The

¶42

claimant was doing private tuition work. He has not produced any proof regarding income. Therefore, in the absence of proof of income, notional income of Rs.6,500/-

¶43

per month is taken into consideration for the accident year 2012, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 30 years at the time of accident. Therefore, appropriate applicable multiplier is 17.

¶44

Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.1,06,080/(Rs.6,500 x 8% x 12 x 17).

¶45

Further, a sum of Rs.13,000/- is awarded

¶46

towards loss of income during laid up period for a period of two months (Rs.6,500/- x 2 months).

¶47

5 - NC: 2025:KHC-D:9152 MFA No. 100254 of 2015

¶48

HC-KAR

¶49

Considering the injuries sustained, a

¶50

compensation of Rs.30,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.9,044/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded.

¶51

Thus, the claimant is entitled for total

¶52

compensation under various heads as under:

¶53

Sl. No.	Heads.	Amount in (Rs.)
1.	Pain and suffering.	30,000
2.	Loss of amenities.	15,000
3.	Medical expenses and hospital charges.	9,044
4.	Loss of income during laid up period and medical treatment period.	13,000
5.	Incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	10,000
6.	Loss of future earning capacity.	1,06,080
	Total:	1,83,124

¶54

6 - NC: 2025:KHC-D:9152 MFA No. 100254 of 2015

¶55

HC-KAR

¶56

Therefore, the claimant is entitled for total compensation of Rs.1,83,124/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.94,944/- awarded by the Tribunal. The insurance company shall deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment.

¶57

In the result, I proceed to pass the following:

¶58

ORDER

¶59

i) The appeal is allowed in part.

¶60

ii) The judgment and award dated 03.11.2014, passed by the Additional Senior Civil Judge and Additional MACT, Ranebennur, in MVC No.328/2013, stands modified.

¶61

iii) The claimant is entitled for a total compensation of Rs.1,83,124/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as

¶62

NC: 2025:KHC-D:9152 MFA No. 100254 of 2015

¶63