Mohammed Rehaman Vs Ashik C

MOHAMMED REHAMAN S/O.MOHAMMED ABBAS, AGED ABOUT 28 YEARS OCCUPATION:DRIVER BY PROFESSION, RESIDENT OF 5^TH MAIN, 16^TH CROSS, H.S.EXTENSION, HARIHAR, DAVANAGERE DISTRICT-577601.

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…APPELLANT

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(BY SRI. SRINIVAS N , ADVOCATE)

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AND:

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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ASHIK C S/O.CHAMAN SAB, AGED ABOUT 24 YEARS STUDENT, RESIDENT OF DURGAMBIKA EXTENSION, BHARMASAGARA, CHITRADURGA TALUK-577519, DIRVER OF MOTORCYCLE BEARING, REG.NO.KA-17-EE-8781.

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CHAMAN SAB S/O.DODDA HUSSAIN SAB, AGED ABOUT 48 YEARS OCCUPATION:BUSINESSMAN, C/O.N.J.NAGAPPA, NO.1675/2, BEHIND SIDDAGANGA SCHOOL, RAMESHWARA EXTENSION, DAVANAGERE-577002.

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HC-KAR

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THE DIVISIONAL MANAGER NATIONAL INSURANCE CO.LTD., DENTAL COLLEGE ROAD, DAVANAGERE-577002.

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…RESPONDENTS

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(BY SRI.M ARUN PONNAPPA, ADVOCATE FOR R3 NOTICE TO R1 IS DISPENSED WITH V/O DTD 18.11.2022 NOTICE TO R2 IS DISPENSED WITH V/O DTD 07.07.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.09.2016 PASSED IN MVC NO.158/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HARIHAR, 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 Vehicle Act, 1988¹ challenging the judgment and award dated 21.09.2016 passed in

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1 Hereinafter referred as to ‘Act’

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HC-KAR

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MVC.No.158/2014 by the Senior Civil Judge and Additional MACT, Harihar² seeking for enhancement of compensation.

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The Tribunal vide its judgment and award dated 21.09.2016 has partly allowed the claim petition and awarded a total compensation of `2,07,535/- together with interest at 6% 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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Heard the submissions of learned counsel Sri

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Srinivas N appearing for the appellant - claimant and learned counsel Sri M Arun Ponnappa appearing for respondent No.3 - insurer.

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The claimant was aged 26 years as on the date of accident i.e., 04.09.2012. Hence, the Tribunal has applied the appropriate multiplier ‘17’.

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2 Hereinafter referred as to ‘Tribunal’

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HC-KAR

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It was averred that the claimant was a driver.

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However, no documents have been produced to demonstrate his income. The Tribunal has assessed the income of the claimant at 6,000/- per month. However, having regard to the date of accident, the notional income of the claimant is reassessed as 7,000/- per month.

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The claimant has sustained fracture of his left tibia and fibula. The doctor (PW.3) has assessed the permanent physical disability at 25% to 30%. The Tribunal has assessed the whole body disability at 8% which is just and proper. The claimant was an inpatient from 11.09.2012 to 19.09.2012 i.e., for a period of nine days.

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

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i. Having regard to the nature of injuries sustained, 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. The compensation towards the medical expenses is as per the medical bills of 34,614/- awarded by the Tribunal, which is just and proper and is rounded of to 35,000/-.

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HC-KAR

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iii. The period of treatment is construed as three months and the compensation towards loss of income during laid up period is assessed as (7000/- X 3) =21,000/- as against `5,000/- awarded by the Tribunal.

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iv. The compensation awarded towards food, nourishment, attendant, transportation and incidental charges is `20,000/- which is just and proper.

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v. 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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vi. Loss of earning capacity is re-assessed as (7000/-X 12 X 17 X 8%) =1,14,240/- as against `97,920/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 earning	97920.00	114240.00
2	Pain and suffering	30000.00	40000.00
3	Medical expenses	34614.00	35000.00
4	Towards loss of income during laid up period	5000.00	21000.00
5	Food, nourishment and incidental charges and nourishment	20000.00	20000.00
6	Towards loss of amenities	20000.00	25000.00
	Total	207534.00	255240.00

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Accordingly, the Claimant is entitled to an enhanced

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compensation of (2,55,240/- - 2,07,534/-)= 47,706/rounded of to 48,000/-.

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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 21.09.2016 passed in MVC.No.158/2014 by the Senior Civil Judge and

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HC-KAR

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Additional MACT, Harihar, 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 `48,000/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

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