Purushothama Vs Abdul Jabbar M

¶1

NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶2

1 -

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JULY, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5587 OF 2023 (MV-I)

¶7

BETWEEN:

¶8

PURUSHOTHAMA NOW AGED 47 YEARS, S/O LATE KORAGAPPA GOWDA, R/AT HOIRFSEI HOUSE, VEERAMANGALA, SHANTHIGODU VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 201.

¶9

…APPELLANT

¶10

(BY SRI. RAJARAMA S., ADVOCATE)

¶11

AND:

¶12

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶13

ABDUL JABBAR M. NOW AGED 36 YEARS, S/O ABDUL KAREEM, R/O D. NO.294-11, MARIPALLA HOUSE, PUDU VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 211.

¶14

THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., MAXIMUS COMMERCIAL COMPLEX, 4^TH FLOOR, OPP. KMC LIGHT HOUSE, HILL ROAD, MANGALORE, DAKSHINA KANNADA DISTRICT - 575 001.

¶15

…RESPONDENTS

¶16

(BY SRI. VIVEKAKRISHNA B.S., ADVOCATE FOR R1; SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2)

¶17

2 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶18

HC-KAR

¶19

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.06.2023 PASSED IN MVC NO.608/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PUTTUR D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶20

THIS APPEAL COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶21

ORAL JUDGMENT

¶22

This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 05.06.2023 passed in MVC No.608/2019 by Principal Senior Civil Judge and Member, MACT, Puttur.

¶23

Even though the matter is listed today for admission, with the consent of both the learned counsels appearing for parties, the matter is taken up for disposal.

¶24

The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 10.12.2018 contending that the accident occurred due to

¶25

3 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶26

HC-KAR

¶27

rash and negligent driving by the driver of Maxximo Plus

¶28

goods vehicle bearing registration No.KA-19-AA-2128.

¶29

The Tribunal recorded the evidence adduced by

¶30

the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

¶31

compensation under various heads as under:

¶32

Sl.	Particulars		Amount
No.
1.	Pain and sufferings	Rs.	40,000/-
2.	Laid up period charges	Rs.	24,000/-
3.	Medical attendant and other incidental charges	Rs.	18,000/-
4.	Loss of amenities	Rs.	15,000/-
5.	Medical expense	Rs.	1,85,177/-
6.	Future Medical expenses	Rs.	20,000/-
7.	Loss of earning due to disability		1,20,960/-
	Total	Rs.	4,23,137/-

¶33

The Tribunal has also awarded the interest at

¶34

the rate of 9% per annum from the date of petition till realisation.

¶35

The Tribunal exonerated the insurer and held the owner is liable to pay the compensation on the ground

¶36

4 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶37

HC-KAR

¶38

that the driver of the insured vehicle was not possessing Driving License at the time of accident. The claimant challenging the said finding of the Tribunal exonerating the insurer and also sought for enhancement of compensation in the present appeal.

¶39

Heard the learned counsel for appellant and

¶40

learned counsel for respondent No.1/owner and learned counsel for respondent No.2/insurer.

¶41

Learned counsel for the appellant would contend that, P.W.2 is a Doctor and has examined the injured and assessed disability of lower limb at 25%. Inspite of that, the Tribunal has erred in taking the disability at 6% and ought to have taken 1/3^rd of lower limb as a disability to the whole body. The accident occurred in the year 2018 and as per chart prepared by Karnataka State Legal Services Authority, the notional income fixed for the year 2018 is Rs.12,500/- and same is to be taken as against Rs.12,000/- awarded by the Tribunal.

¶42

5 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶43

HC-KAR

¶44

As per Ex.P3 - Wound Certificate, the claimant

¶45

has sustained fracture of right segmental femur and right radius shaft fracture at junction of distal 1/3^rd and middle 1/3^rd . Considering the same, the compensation awarded for pain and suffering requires to be enhanced. He further contend that, the Doctor stated that the claimant has to undergo surgery for removal of implants and for that, he requires future medical expenses in a sum of Rs.30,000/as against Rs.20,000/- awarded by Tribunal.

¶46

Learned counsel for the appellant further contends that, the claimant/injured is a III party and the offending vehicle is insured with respondent No.2/insurer. Even though, the driver of offending vehicle does not possessing Driving License, pay and recovery order has to be passed, otherwise it is very difficult for the claimant who is a III party to recover the award amount. With these, he prayed to allow the appeal.

¶47

Learned counsel for respondent No.1/owner of the vehicle would contend that, the disability taken by the

¶48

6 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶49

HC-KAR

¶50

Tribunal at 6% is just and proper and the Tribunal has rightly awarded the compensation under all heads and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

¶51

Learned counsel for respondent No.2/insurer would contend that, the owner is before the Court and he has not challenged the order of Tribunal. At the instance of the claimant, the exonerating of insurer from payment of compensation cannot be disturbed. The compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

¶52

Having heard both the learned counsels appearing for parties, the Court has perused the Judgment and Award.

¶53

As per Ex.P3 - Wound Certificate, the claimant has sustained fracture of right segmental femur and right radius shaft fracture at a junction of distal 1/3^rd and

¶54

7 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶55

HC-KAR

¶56

middle 1/3^rd . The claimant has been admitted in the hospital for ten (10) days. P.W.2 is a Doctor who has examined the claimant and assessed his disability and stated that the claimant is having 25% disability of lower limb. The Tribunal ought to have taken 1/3^rd of the said disability as disability to the whole body but, erred in taking the disability at 6%. The 1/3^rd of the said disability of the lower limb comes to 8%. Therefore, the disability of the whole body is to be taken at 8%.

¶57

The Tribunal has taken the national income of Rs.12,000/-. The accident occurred in the year 2018. As the chart prepared by Karnataka State Legal Services Authority, the national income fixed for the said year is Rs.12,500/- and therefore the national income is to be taken at Rs.12,500/- as against Rs.12,000/- taken by the Tribunal. The Tribunal has rightly applied multiplier '14'. In view of the above, loss of future income is calculated as under:

¶58

12,500 X 12 X 14 X 8% = 1,68,000.

¶59

8 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶60

HC-KAR

¶61

Considering the fact that the claimant has sustained the two fractures, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- requires to be enhanced to Rs.60,000/- and loss of amenities awarded in a sum of Rs.15,000/requires to be enhanced to Rs.25,000/-. As the income taken as Rs.12,500/-, the claimant is entitled to loss of income during laid up period for two (02) months in a sum of Rs.25,000/- as against Rs.24,000/- awarded by the Tribunal. The claimant has been admitted in hospital for ten (10) days and therefore, he is entitled to attendant and conveyance charges in a sum of Rs.10,000/- (1,000 per day X 10) as against Rs.18,000/- awarded by the Tribunal.

¶62

The Tribunal has rightly awarded medical expenses of Rs.1,85,177/-.

¶63

The claimant has to undergo surgery for removal of implants. Considering the same, future medical

¶64

9 - NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶65

HC-KAR

¶66

expenses awarded by the Tribunal in a sum of Rs.20,000/-

¶67

requires to be enhanced to Rs.30,000/-.

¶68

The interest awarded by the Tribunal at the rate

¶69

of 9% is on higher side. Considering the Bank interest rate the interest is awarded at 6% per annum.

¶70

Considering all the above aspects, the claimant

¶71

is entitled to total compensation under various heads as under:

¶72

Sl.	Compensation Heads		Amount
No.
1.	Loss of future income	Rs.	1,68,000/-
2.	Pain and suffering	Rs.	60,000/-
3.	Loss of amenities	Rs.	25,000/-
4.	Loss of income during laid up period	Rs.	25,000/-
5.	Attendant and conveyance charges	Rs.	10,000/-
6.	Medical expenses	Rs.	1,85,177/-
7.	Future medical expenses	Rs.	30,000/-
	Total	Rs.	5,03,177/-

¶73

The claimant is entitled to total compensation of

¶74

Rs.5,03,177/- as against Rs.4,23,137/- awarded by the

¶75

10 -

¶76

NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶77

HC-KAR

¶78

Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

¶79

The vehicle of respondent No.1 was insured

¶80

with respondent No.2 and the policy was valid as on the date of accident. The Tribunal has exonerated respondent No.2/insurer on the ground that the driver of the insured vehicle was not holding valid Driving License as on the date of accident. As the driver of insured vehicle was not holding Driving License, there is a violation of policy conditions. The claimant is a III party and as the vehicle is insured with respondent No.2, the insurer has to pay the compensation awarded to the claimant and recover the same from the owner of vehicle i.e., respondent No.1.

¶81

In view of the above, the following:

¶82

ORDER

¶83

i) Miscellaneous First Appeal is allowed-inpart .

¶84

ii) The claimant is entitled to total compensation of Rs.5,03,177/- as against

¶85

11 -

¶86

NC: 2026:KHC:35926 MFA No. 5587 of 2023

¶87

HC-KAR

¶88

Rs.4,23,137/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

¶89

iii) The claimant is not entitled to interest on future medical expenses of Rs.30,000/-.

¶90

iv) Respondent No.2/insurer shall deposit the award amount with interest before the Tribunal within a period of six weeks from this day and recover the same from respondent No.1/owner.

¶91

Sd/-

¶92

(SHIVASHANKAR AMARANNAVAR) JUDGE

¶93

KLV

¶94

List No.: 1 Sl No.: 26

Purushothama v. Abdul Jabbar M

Case brief

What is this about?

What did the court decide?

Purushothama v. Abdul Jabbar M

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Parshwanatha J Vs Mahesh Kumar

Susheel Poojarthy Vs Raju K

The Divisional Controller Ksrtc, Vs C.S. Ramesh

Smt Eramani Vs the New India Ass Co. Ltd.

Sri Mahesh M S Vs Sri Basavaraju

Sri. Mahesh Vs the Managing Director