Shazad Begum Vs Managing Director

SHAZAD BEGUM W/O SYED HAFIZ AGED ABOUT 59 YEARS, R/AT OPP. 4 STOKE MOTORS, NO.50/A, 3RD CROSS, SRK GARDEN, THILAK NAGAR, JAYANAGAR, BANGALORE- 560 041.

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…APPELLANT

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(BY SRI. MADHU R., ADVOCATE FOR SRI. RAGHAVENDRA N.R., ADVOCATE)

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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AND:

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MANAGING DIRECTOR APSRTC, MUSHEERABAD, HYDERABAD,

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ANDHRA PRADESH - 500 002.

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SRI.O.SRIKANTA REDDY

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S/O VENKATA REDDY, AGED ABOUT 45 YEARS, R/AT PLOT NO.7, MITHIN APARTMENTS AIR BYE-PASS ROAD, TIRUPATI, CHITOOR DISTRICT, ANDHRA PRADESH - 571 001.

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HC-KAR

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M/S HDRC-ERGO GENERAL INSURANCE CO.LTD., HYDERABAD,

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ANDHRAPRADESH- 500 001

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…RESPONDENTS

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(BY SRI. D VIJAY KUMAR, ADVOCATE FOR R1; V/O DTD 09.02.2015 NOTICE TO R2 D/W; SRI. H S LINGARAJ, ADVOCATE FOR R3)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2013 PASSED IN MVC NO.167/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MEMBER, MACT, KOLAR, C/c. PRESIDING OFFICER, FAST TRACK COURT-I, MEMBER, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 6068/2014:

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BETWEEN:

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SMT. AREEFA W/O LATE EJAJA PASHA AGED ABOUT 48 YEARS RESIDING AT

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NYAMATH BI DURGA NEAR ANJUMAN SHADI MAHAL KOLAR

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SRI IMRAN PASHA S/O LATE EJAJA PASHA AGED ABOUT 26 YEARS RESIDING AT NYAMATH BI DURGA NEAR ANJUMAN SHADI MAHAL KOLAR

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SMT HINA KOUSER D/O LATE EJAJA PASHA

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HC-KAR

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AGED ABOUT 18 YEARS RESIDING AT NYAMATH BI DURGA NEAR ANJUMAN SHADI MAHAL KOLAR

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...APPELLANTS

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(BY SRI. MADHU R, ADVOCATE FOR SRI. RAGHAVENDRA N R., ADVOCATE)

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AND:

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MANAGING DIRECTOR, APSRTC MUSHEERABAD HYDERABAD ANDHRA PADESH

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SRI O SRIKANTA REDDY S/O VENKATA REDDY AGED ABOUT 45 YEARS R/AT PLOT NO.7 MITHIN APARTMENTS AIR BYE-PASS ROAD TIRUPATI, CHITOOR DISTRICT ANDHRA PRADESH

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M/S HDRC-ERGO GENERALINSURANCE CO LTD., HYDREBAD ANDHRAPRADESH

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...RESPONDENTS

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(BY SRI. D VIJAY KUMAR, ADVOCATE FOR R1; NOTICE TO R2 D/W; SRI. H S LINGARAJ, ADVOCATE FOR R3)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 3.1.2013 PASSED IN MVC NO.144/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MEMBER, MACT, KOLAR, C/c. PRESIDING OFFICER, FAST TRACK COURT-1, MEMBER, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

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HC-KAR

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SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 6069/2014:

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BETWEEN:

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IMRAN PASHA W/O LATE EJAJA PASHA, AGED ABOUT 26 YEARS, R/AT NYAMATH BI DURGA, NEAR ANJUMAN SHADI MAHAL, KOLAR

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...APPELLANT

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(BY SRI. MADHU R, ADVOCATE FOR SRI. RAGHAVENDRA N R., ADVOCATE)

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AND:

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MANAGING DIRECTOR APSRTC, MUSHEERABAD, HYDERABAD, ANDHRA PRADESH

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SRI.O.SRIKANTA REDDY S/O VENKATA REDDY, AGED ABOUT 45 YEARS, R/AT PLOT NO.7, MITHIN APARTMENTS AIR BYE-PASS ROAD, TIRUPATI, CHITOOR DISTRICT, ANDHRA PRADESH

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M/S HDRC-ERGO GENERAL INSURANCE CO.LTD., HYDERABAD, ANDHRAPRADESH

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...RESPONDENTS

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(BY SRI. D VIJAY KUMAR, ADVOCATE FOR R1; V/O DTD 3.6.15, NOTICE TO R2 D/W; SRI. H S LINGARAJ, ADVOCATE FOR R3)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED3.1.2013 PASSED IN MVC

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HC-KAR

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NO.145/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MEMBER, MACT, KOLAR, C/c. PRESIDING OFFICER, FAST TRACK COURT-1, MEMBER, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS

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DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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In MFA No.6070/2014:

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The Tribunal passed a common award in MVC Nos.144, 145, 160 & 167 of 2010 dated 03.01.2013 against the award passed in MFA No.167/2010 by the Fast Track Court I & Motor Accident Claims Tribunal, Kolar (hereinafter referred to as 'Tribunal' for short) present appeal is filed seeking enhancement of the compensation.

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Heard the arguments of both parties and perused the material on records.

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One Shazad Begum sustained injuries in an accident occurred on 17.04.2010. At the time, she was

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HC-KAR

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aged 55 years and working as a coolie. She stated that her

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daily wage was Rs.200/-, but did not produced any proof of income. In the absence of such evidence, this Court, in accordance with the guidelines issued by the Karnataka State Legal Services Authority (KSLSA), finds it appropriate to fix her monthly income at Rs.5,500/-.

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The claimant examined PW.9-the doctor, he stated that she sustained fracture of mid-shaft of the left femur and was initially hospitalized for eight days. She was Re-list re-admitted on 02.08.2010 for treatment of non-union fracture of the left femoral shaft. She underwent surgery under anesthesia-ORIF with IMIL nailing of the left femur on 18.08.2010. The sutures were removed on 01.09.2010 and she was discharged on 03.09.2010.

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The fracture healed within three months, but she continued follow-up treatment for six months. PW.9 further deposed that the claimant had a limp in her left lower limb. He observed a linear scar over the left

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HC-KAR

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trochanteric region measuring 10 x 1 cm, and another over the lateral aspect of the left thigh, middle third, measuring 12 cm x 1 cm. Tenderness was present in the middle third of the shaft of the left femur.

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The doctor assessed the permanent physical disability at 45% in respect of the left lower limb and 15% with reference to the whole body. She was an inpatient for a total of 26 days. The Tribunal after considering the medical evidence of PW-9, the duration of hospitalization and other factors, rightly assessed the whole body disability at 15%. Accordingly, the 'loss of future income' comes to Rs.1,08,900/-(Rs.5,500 x 12 x 11 x 15%).

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The Tribunal awarded a sum of Rs.60,000/-

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towards medical expenses and transportation, which needs no interference.

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This Court finds it reasonable to enhance the compensation amount Rs.25,000/- towards 'pain and suffering' and Rs.20,000/towards 'food, extra

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HC-KAR

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nourishment and attended charges', considering the

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nature of injuries and period of treatment.

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The claimant was unable to attend work for a

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period of three months due to the injuries sustained in the accident. Therefore, she is entitled compensation towards loss of income during the period of treatment in a sum of Rs.16,500(Rs.5,500 x 3 months).

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Thus, the claimant is entitled to the following compensation:

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Compensation under	Amount in
different heads	(Rs.)
Loss of future income	1,08,900/-
Pain and suffering	25,000/-
Future medical expenses	60,000/-
Loss of income during	16,500/-
treatment laid up period
Food, nourishment,	20,000/-
conveyance and attendant
charges
Total	2,30,400/-

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HC-KAR

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This Court finds it reasonable to enhance an

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amount of Rs.2,30,400/- along with interest at the rate of 6% per annum.

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In MFA No.6068/2014 :

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This appeal is filed against the award passed by the Fast Track Court I & Motor Accident Claims Tribunal, Kolar (hereinafter referred to as 'Tribunal' for short) in MVC No.144/2010, seeking enhancement of the compensation.

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One Ejaj Pasha met with an accident on 17.04.2010 and died as a result of the said accident. His wife and children filed a claim petition seeking compensation of Rs.10,46,000/- along with interest. The Tribunal after considering the entire material on record awarded a compensation of Rs.6,64,000/- with interest at the rate of 6% per annum from the date of petition till realization. Being aggrieved by the said order, this appeal is preferred.

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HC-KAR

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Heard the arguments of learned counsel for

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both parties.

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It is contended that the deceased-Ejaj Pasha

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was aged 50 years and was earning Rs.15,000/- per month. However, the Tribunal erroneously assessed his monthly income at Rs.6,000/- and applied a multiplier of '13' based on his age. It is further contended that the amounts awarded under other heads are also on the lower side. Hence, the appellants/claimants have sought enhancement of the compensation.

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Though it was stated that the deceased was earning Rs.15,000/- per month, no evidence was adduced to prove his income. As the accident occurred on 17.04.2010 and in the absence of income proof, his notional income is reasonably assessed at Rs.5,500/- per month, in accordingly with the guidelines issued by the Karnataka State Legal Services Authority (KSLSA).

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HC-KAR

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The deceased was aged 50 years at the time of

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death and thus, multiplier of '13' is applicable and future prospects at the rate of 10% are to be added and 1/3rd is to be deducted towards personal expenses. Accordingly, loss of dependency comes to Rs.6,29,148/- (Rs.5,500 + 550=6050 x 1/3rd x 12 x 13) . As per the decision of Hon'ble Supreme Court in Magma General Insurance

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Company Limited vs. Nanu Ram Alias Chuhru Ram & others¹ , and in United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others² , claimant No.1/appellant No.1 wife of the deceased is entitled for Rs.40,000/- towards loss of consortium and claimant Nos.2 & 3/appellant Nos.2 & 3 being children of the deceased are entitled for Rs.40,000/each towards parental consortium. Therefore, towards loss of consortium, the claimants are entitled to Rs.80,000/(40,000 x 2). Apart from that they are also entitled for Rs.30,000/- towards 'conventional heads' as per the

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1 (2018) 18 SCC 130

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2 (2020) 9 SCC 644

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HC-KAR

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decision of Hon'ble Apex Court in the case of National

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Insurance Company Limited Vs. Pranay Sethi &

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Other .

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Thus in all, components awarded by this court

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are as below,

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Particulars	Amount in Rs.
Loss of dependency	6,29,148.00
Loss of consortium	40,000.00
Loss of parental consortium	40,000.00
Conventional heads	30,000.00
Total	7,79,148.00

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Hence, the appellants–claimants are entitled to

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equal apportionment of the total enhanced compensation of Rs.7,79,148/-, together with interest at the rate of

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6% per annum.

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In MFA No.6069/2014:

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This appeal is filed against the award passed by the Fast Track Court I & Motor Accident Claims Tribunal, Kolar

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HC-KAR

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(hereinafter referred to as 'Tribunal' for short) in MVC No.144/2010, seeking enhancement of the compensation.

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Heard the arguments of learned counsel for the both the parties.

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The petitioner was aged 24 years, working as a cleaner and earning Rs.5,000/- per month, but did not produced any proof of income. In the absence of such proof, this Court, in accordance with the guidelines issued by the Karnataka State Legal Services Authority (KSLSA), finds it appropriate to fix her monthly income at Rs.5,500/-.

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He examined PW-8, the doctor, who assessed the disability in detail and stated that the petitioner sustained 30% disability to the lower limb, 5% to the chest and 15% disability to the whole body. This Court finds no reason to interfere with the disability assessed by the doctor. The loss of future income comes to Rs.1,78,200,/-(Rs.5,500 x 12 x 18 x15%).

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HC-KAR

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The petitioner was hospitalized for 31 days for

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the injuries sustained, which included fractures of multiple ribs on right side with flail chest (fracture of 4/5/6 ribs and 5th and 6th segmental fracture), fracture of left tibia and fibula at the distal 1/3rd and right side haemothorax. Emergency intercostals drainage was performed for the rib fractures and haemothorax. On 21.04.2010, closed reduction and intrameduallary interlocking were carried out. The petitioner was kept under observation for respiratory disturbances and was discharged on 06.05.2010 with advice to report to the Orthopedics out patient department after ten days.

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This Court finds it reasonable to enhance the compensation of Rs.20,000/- towards attendant charges, Rs.20,000/towards food and nourishment and Rs.25,000/pain and suffering. The amount of Rs.50,000/- granted by the Tribunal towards medical treatment, transportation and other incidental expenses Rs.50,000/- requires no interference.

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HC-KAR

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The appellant may not have attended work for a

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period of at least three months due to the injuries sustained. Therefore, this Court finds it reasonable to grant compensation towards loss of income for this period, amounting to Rs.16,500/- (5,500x3 months).

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Thus in all, components awarded by this Court

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are as below,

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Particulars	Amount in Rs.
Loss of future income	1,78,200/-
Attendant charges	20,000/-
Food and nourishment	20,000/-
Pain and suffering	25,000/-
Medical expenses	50,000/-
Loss of income during laid up period	16,500/-
Loss of amenities	15,000/-
TOTAL	3,24,700/-

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This Court finds it reasonable to enhance an

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amount of Rs.3,24,700/- along with interest at the rate of 6% per annum.

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HC-KAR

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In the result, the following order is passed:

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ORDER

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These appeals are hereby partly allowed.

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In MFA No.6070/2014:

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i. The judgment and award dated 03.01.2013 passed in M.V.C.No.167/2010 by the Fast Track Court I & Motor Accident Claims Tribunal, Kolar is modified;

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ii. The appellant is entitled to a sum of Rs.2,30,400/- along with interest at 6% p.a.

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iii. Respondent No.3 is directed deposit the entire compensation amount within one month from the date of this order.

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iv. On such deposit, the petitioners/claimants are permitted to withdraw the entire amount along with interest accrued on it.

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v. The appellants are not entitled to interest

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for the delayed period of *509 days.

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In MFA No.6068/2014:

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i. The judgment and award dated 03.01.2013 passed in M.V.C.No.144/2010 by the Fast Track Court I & Motor Accident Claims Tribunal, Kolar is modified;

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ii. The appellants are entitled to a sum of Rs. **_7,79,148_ /-* along with interest at 6% p.a.

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iii. Respondent No.3 is directed deposit the entire compensation amount within one month from the date of this order.

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iv. On such deposit, the petitioners/claimants

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are permitted to withdraw the entire amount along with interest accrued on it.

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v. Petitioners Nos. 2 and 3, being the major children of the deceased, are entitled to an

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*Corrected vide chamber order dated 06.02.2026.

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amount of Rs.1,00,000/- each. Petitioner No.1, being the wife of the deceased, is entitled to the balance amount along with the interest accrued thereon.

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