Mr. Rashidul Vs Mr. Syed Asif

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 1.4.2016 PASSED IN MVC NO.4478/2014 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

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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 MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988¹ challenging the judgment and award dated 01.04.2016 passed in MVC.No.4478/2014 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7)² seeking for enhancement of compensation.

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For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

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1 Hereinafter referred as to ‘Act’

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2 Hereinafter referred as to ‘Tribunal’

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NC: 2025:KHC:23543 MFA No. 4649 of 2016

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HC-KAR

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The Tribunal vide its judgment and award dated 01.04.2016 has partly allowed the claim petition and awarded a total compensation of `3,11,300/- together with interest at 8% per annum. Being aggrieved, the present appeal is filed seeking for enhancement of compensation.

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The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

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It is forthcoming that the claimant was aged 21 years as on date of the accident i.e., on 19.05.2014. The Tribunal has applied a appropriate multiplier of ‘18’.

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It was stated that the claimant was working as a loader and unloadar. However, no documents have been produced to prove his income. The Tribunal has assessed the income at 8,000/- per month. Having regard to the date of accident, it is just and proper that the notional income of the claimant be re-assessed as 8,500/- per month.

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4 - NC: 2025:KHC:23543 MFA No. 4649 of 2016

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HC-KAR

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The claimant has sustained fracture of left knee patella, injuries to face and was treated as an inpatient for a total period of six days. It is further forthcoming from the wound certificate (Ex.P22), discharge summaries (Exs.P23 and 24), inpatient records (Ex.P29) and disability assessment report (Ex.P30), as also the testimony of the doctor (PW.3) that the disability assessed by the doctor was 11.36%. Upon re-appreciation of material available on record the Tribunal has also assessed the disability at 11.36% which is just and proper.

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Having regard to the aforementioned, the

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compensation is re-assessed as follows:

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i. Having regard to the nature of injuries sustained,

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the compensation towards pain and suffering is re-assessed as 40,000/- as against 30,000/- awarded by the Tribunal.

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ii. Having regard to the nature of injuries sustained and the resultant disability, it is just and proper that the compensation towards loss of amenities be re-assessed as 25,000/- as against 20,000/- awarded by the Tribunal.

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iii. The Tribunal has taken laid up period as three months. Hence, loss of income during laid up period is

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5 - NC: 2025:KHC:23543 MFA No. 4649 of 2016

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HC-KAR

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re-assessed as (8500/- X 3)= 25,500/- as against `24,000/awarded by the Tribunal.

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iv. The compensation of 10,000/- towards marriage prospects and 20,000/- towards future medical expenses awarded by the Tribunal is not interfered with.

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v. Having regard to the nature of injuries sustained and the period of treatment taken as an inpatient it is just and proper that the compensation towards food, nourishment, attendant, conveyance charges, transportation and incidental charges is re-assessed as 15,000/- as against 11,000/awarded by the Tribunal.

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vi. Loss of future income is re-assessed as (8500 X 12 X 18 X 11.36%) = 2,08,570/- as against 1,96,300/- awarded by the Tribunal.

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Taking judicial notice of the rate of interest awarded towards fixed deposits, interest on the enhanced compensation is awarded as 7% pa.

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In view of the aforementioned, the compensation re-assessed is as follows:

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HC-KAR

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Sl.No	Compensation Head	Amount Awarded by the Tribunal (`)	Amount awarded by this Court (`)
1	Loss of future income	196300.00	208570.00
2	Pain and suffering	30000.00	40000.00
3	Loss of amenities	20000.00	25000.00
4	Loss of income during laid up period	24000.00	25500.00
5	Marriage prospects	10000.00	10000.00
6	Future medical expenses	20000.00	20000.00
7	Food, nourishment, conveyance and attendant charges.	11000.00	15000.00
	Total	311300.00	344070.00

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Accordingly, the Claimant is entitled to an enhanced

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compensation of (3,44,070/- - 3,11,300/-)= 32,770/rounded of to 33,000/-.

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In view of the aforementioned, the following:

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ORDER

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i) The appeal is allowed in part;

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ii) The judgment and award dated 01.04.2016 passed in MVC.No.4478/2014 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7),

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NC: 2025:KHC:23543 MFA No. 4649 of 2016

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HC-KAR

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is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The appellant/claimant is entitled to an enhanced compensation of `33,000/- together with interest at 7% per annum from the date of the petition till its realization in addition to the compensation awarded by the Tribunal;

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iv) Respondent No.2 – insurer is shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs.

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SD/(C.M. POONACHA) JUDGE

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PNV

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List No.: 1 Sl No.: 23.1

Mr. Rashidul v. Mr. Syed Asif

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Mr. Rashidul v. Mr. Syed Asif

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