Karnataka High Court
Hasana vs Subhash And Anr on 23 January, 2024
-1-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.201645 OF 2018 (MV-I)
C/W
MISCL. FIRST APPEAL NO.201644 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201646 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201647 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201648 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201649 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201650 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201651 OF 2018(MV-I)
MISCL. FIRST APPEAL NO.201652 OF 2018(MV-I)
Digitally signed
MISCL. FIRST APPEAL NO.201653 OF 2018(MV-I)
by KHAJAAMEEN MISCL. FIRST APPEAL NO.201654 OF 2018(MV-I)
L MALAGHAN
Location: High
Court of IN MFA NO.201645/2018:
Karnataka
BETWEEN:
GALIB S/O PATHANSAB SOUDHAGAR @ MANAGOLI,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. ALMEL, TQ.SINDAGI, DIST.VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H METAGUDDA, ADVOCATE)
AND:
-2-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 02.06.2022 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO, A) CALL FOR RECORDS IN
MVC.NO.1236/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR. B) ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 21.11.2017
PASSED IN M.V.C.NO.1236/2015 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR AND ENHANCING THE
COMPENSATION FROM RS.60,000/- WITH 9% INTEREST TO
RS.14,00,000/- WITH 12% INTEREST.
-3-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201644/2018:
BETWEEN:
HASAN @ HASANASAB @ HASAN
S/O NABISAB SOUDHAGAR
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. ALMEL, TQ.SINDAGI, DIST.VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 06.12.2018 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR RECORDS IN
MVC.NO.1235/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR, B) ALLOW THIS APPEAL
AND MODIFY THE JUDGMENT AND AWARD DATED 21.11.2017
PASSED IN M.V.C.NO.1235/2015 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR AND ENHANCING THE
COMPENSATION FROM RS.60,000/- WITH 9% INTEREST TO
RS.14,00,000/- WITH 12% INTEREST.
-4-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201646/2018:
BETWEEN:
MALANBI W/O MAKATUMSAB @ MAKATUM
SOUDHAGAR @ JATAGAR,
AGE: 41 YEARS, OCC: TAILORING WORK,
R/O. ALMEL, TQ.SINDAGI, DIST.VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 09.09.2019 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR RECORDS IN
MVC.NO.1237/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR, B) ALLOW THIS APPEAL
AND MODIFY THE JUDGMENT AND AWARD DATED 21.11.2017
PASSED IN M.V.C.NO.1237/2015 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR AND ENHANCING THE
COMPENSATION FROM RS.1,78,000/- WITH 9% INTEREST TO
RS.14,50,000/- WITH 12% INTEREST.
-5-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201647/2018:
BETWEEN:
SHAMASHAD @ SHEMMA
W/O GALISAB @ GALIB SOUDHAGAR,
AGE: 37 YEARS, OCC: TAILORING WORK,
R/O. ALMEL, TQ.SINDAGI, DIST.VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 27.01.2020 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR RECORDS IN
MVC.NO.1238/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR, B) ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 21.11.2017
PASSED IN M.V.C.NO.1238/2015 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AT VIJAYAPUR AND ENHANCING THE
COMPENSATION FROM RS.60,000/- WITH 9% INTEREST TO
RS.14,00,000/- WITH 12% INTEREST.
-6-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201648/2018:
BETWEEN:
SONABEE @ SONABAI
W/O LALSAB SOUDHAGAR @ JATAGAR,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 13.07.2021 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR RECORDS IN MVC.
NO.1239/2015 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT
VIJAYAPUR, B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 21.11.2017 PASSED IN
M.V.C.NO.1239/2015 BY THE MOTOR ACCIDENT CLAIMS
TRIBUNAL AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT
VIJAYAPUR AND ENHANCING THE COMPENSATION FROM
RS.2,04,000/- WITH 9% INTEREST TO RS.14,50,000/- WITH
12% INTEREST.
-7-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201649/2018:
BETWEEN:
FATIMA D/O LALSAB JATAGAR @ SOUDHAGAR,
AGE: 41 YEARS, OCC: TAILORING WORK,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 27.01.2020 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR RECORDS IN
MVC.NO.1240/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AND IV ADDL. DISTRICT JUDGE
VIJAYAPURA AT VIJAYAPUR, B) ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 21.11.2017
PASSED IN M.V.C.NO.1240/2015 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL AND IV ADDL. DISTRICT JUDGE
VIJAYAPURA AT VIJAYAPUR AND ENHANCING THE
COMPENSATION FROM RS.1,68,000/- WITH 9% INTEREST TO
RS.14,50,000/- WITH 12% INTEREST.
-8-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201650/2018:
BETWEEN:
RAJAMA W/O MARENSAB SOUDHAGAR,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 27.01.2020 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.ACT,
PRAYING TO A) CALL FOR RECORDS IN MVC.NO.1241/2015
ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL
XIII AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT-
VIJAYAPUR, B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 21.11.2017 PASSED IN
M.V.C.NO.1241/2015 BY THE MOTOR ACCIDENT CLAIMS
TRIBUNAL XIII AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT
VIJAYAPUR AND ENHANCING THE COMPENSATION FROM
RS.1,11,000/- WITH 9% INTEREST TO RS.14,50,000/- WITH
12% INTEREST.
-9-
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201651/2018:
BETWEEN:
FATHIMA @ BIBIFATIMA
W/O SAIFANSAB SOUDHAGAR,
AGE: 28 YEARS, OCC: TAILORING WORK,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 27.01.2020 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.ACT,
PRAYING TO A) CALL FOR RECORDS IN MVC.NO.1242/2015 ON
THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL XIII
AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT-VIJAYAPUR.
B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND
AWARD DATED 21.11.2017 PASSED IN M.V.C.NO.1242/2015
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL XIII AND IV
ADDL. DISTRICT JUDGE VIJAYAPURA AT VIJAYAPUR AND
ENHANCING THE COMPENSATION FROM RS.1,28,000/- WITH
9% INTEREST TO RS.14,50,000/- WITH 12% INTEREST.
- 10 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201652/2018:
BETWEEN:
SHAHEEN W/O RAMJANSAB SOUDHAGAR @
JATAGAR,
AGE: 21 YEARS, OCC: HOUSEHOLD WORK,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 13.12.2018 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.ACT,
PRAYING TO A) CALL FOR RECORDS IN MVC.NO.1243/2015 ON
THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL XIII
AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT-VIJAYAPUR.
B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND
AWARD DATED 21.11.2017 PASSED IN M.V.C.NO.1243/2015
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL XIII AND IV
ADDL. DISTRICT JUDGE VIJAYAPURA AT VIJAYAPUR AND
ENHANCING THE COMPENSATION FROM RS.1,19,000/- WITH
9% INTEREST TO RS.14,50,000/- WITH 12% INTEREST.
- 11 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201653/2018:
BETWEEN:
SHREESHAIL S/O MANOHAR TAMATAGERI @
TAMAUTAGI,
AGE: 41 YEARS, OCC: DRIVER,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 03.01.2019 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR RECORDS IN
MVC.NO.1244/2015 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL XIII AND IV ADDL. DISTRICT JUDGE
VIJAYAPURA AT-VIJAYAPUR, B) ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 21.11.2017
PASSED IN M.V.C.NO.1244/2015 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL XIII AND IV ADDL. DISTRICT JUDGE
VIJAYAPURA AT VIJAYAPUR AND ENHANCING THE
COMPENSATION FROM RS.1,33,000/- WITH 9% INTEREST TO
RS.14,00,000/- WITH 12% INTEREST.
- 12 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
IN MFA NO.201654/2018:
BETWEEN:
MAMATAZ W/O ARAB SOUDHAGAR @ JATAGAR,
AGE: 27 YEARS, OCC: TAILORING WORK,
R/O: ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW RESIDING AT IBRAHIMPUR,
VIJAYAPUR PIN CODE NO.586101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SUBHASH S/O SHREEMANATH KATTI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. TADAVALAGA, TQ. INDI,
DIST. VIJAYAPUR PIN CODE NO.586101.
- 13 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
2. THE MANAGER LEGAL
SHRIRAM GENERAL INSURANCE CO. LTD.,
10003-E-8, RIICO,
INDUSTRIAL AREA SITA PURA, JAIPUR,
RAJASTHAN 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O DATED 02.01.2019 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.ACT,
PRAYING TO A) CALL FOR RECORDS IN MVC.NO.1245/2015
ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL
XIII AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT-
VIJAYAPUR, B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 21.11.2017 PASSED IN
M.V.C.NO.1245/2015 BY THE MOTOR ACCIDENT CLAIMS
TRIBUNAL XIII AND IV ADDL. DISTRICT JUDGE VIJAYAPURA AT
VIJAYAPUR AND ENHANCING THE COMPENSATION FROM
RS.1,15,000/- WITH 9% INTEREST TO RS.14,50,000/- WITH
12% INTEREST.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
- 14 -
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MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
JUDGMENT
These appeals are filed by the claimants aggrieved by the judgment and award passed in MVC.Nos.1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244 and 1245 of 2015 dated 21.11.2017, on the file of the Member MACT - XIII and IV Additional District Judge, at Vijayapura dated 21.11.2017, seeking enhancement of the compensation.
02. The Tribunal by an award dated 21.11.2017 disposed of all the cases by way of a common order. Hence, this Court is also disposing of these cases, by way of a common judgment.
03. The case of the claimants is that on 13.04.2015 they were traveling in a Tata 407 from Mudalagi village towards Vijayapura. The vehicle was driven by the claimant in MVC.No.1244/2015. When the vehicle was
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04. The insurance company has not preferred any appeal and all these appeals are preferred by the claimants only for enhancement of compensation.
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05. MFA.NO.201644/2018 arising out of MVC.No.1235/2015 :- The claim petition is filed seeking compensation of an amount of Rs.14,00,000/- for the injuries sustained by the claimant in the accident. According to the claimant, he was doing an agricultural work and earning an amount of Rs.15,000/- per month. The Tribunal had considered the income of the claimant at Rs.7,500/- per month. According to the claimant he had sustained fracture of 7th rib right side and he was in the hospital for 02 days. The doctor had assessed the disability at 12% to 15%. The Tribunal had not considered the disability as stated by the doctor, as the fracture is properly united and granted the global compensation of an amount of Rs.60,000/-.
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06. The learned counsel for the claimant submits that the Tribunal ought to have considered the disability and ought to have granted the compensation. He further submits that the compensation that was awarded by the Tribunal is on the lower side. It is submitted that when the doctor had deposed that there is 12% to 15% disability, the Tribunal ought to have considered the disability and granted the compensation.
07. The learned counsel for the respondent - insurance company submits that he was in the hospital for 02 days and rib fracture will not lead to disability. The Tribunal had rightly not considered the disability and rightly granted the global compensation of an amount of Rs.60,000/- and no grounds are made out for enhancement of the compensation.
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08. Having heard the learned counsel on either side, perused the entire material on record.
09. In this case, the claimant had sustained fracture of 7th rib right side. The disability which is assessed by the Doctor i.e., 12% to 15% is without any basis. The Tribunal had rightly discarded the said disability. The claimant was in the hospital only for 02 days. Considering the same, the Tribunal had granted the global compensation of an amount of Rs.60,000/-. This Court finds no reasons to interfere with the same.
10. Accordingly, MFA.No.201644/2018 filed by the claimant is dismissed.
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11. MFA.No.201645/2018 arising out of MVC.No.1236/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,00,000/- for the injuries sustained by the claimant in the accident. According to the claimant, he was doing agricultural work and earning an amount of Rs.15,000/- per month. As per the wound certificate the injured had sustained un- displaced shoffer's fracture of left distal end of radius. He was in the hospital for 02 days. According to the doctor there is disability of 20% to 25% to the left upper limb. The Tribunal had granted the global compensation of an amount of Rs.60,000/-.
12. The learned counsel for the claimant submits that the Tribunal without any basis had disbelieved the evidence of the doctor and had not considered the disability. He further submits that the global compensation that was awarded by the Tribunal is not just and reasonable.
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13. The learned counsel for the respondent / insurance company submits that the Tribunal had rightly not considered the disability. The fracture is united. As the evidence of the doctor was not inspiring confidence in the mind of the Court and rightly granted the global compensation of an amount of Rs.60,000/-.
14. Having heard the learned counsel on either side, perused the entire material on record.
15. In this case, the claimant had sustained a un- displaced shoffer's fracture of left distal end of radius. Under the head of pain and suffering the claimant is entitled for an amount of Rs.40,000/-. The claimant was in the hospital for 02 days. Under the head of food, nourishment and transportation and all the
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 incidental expenses, this Court is granting an amount of Rs.5,000/-. Then coming to the loss of income during the laid up period, though it is stated that he was earning an amount of Rs.15,000/- per month, there is no evidence in this regard. This is an accident of the year 2015, as per the Chart prepared by the Karnataka Legal Services Authority, this Court is taking the notional income at Rs.8,000/- per month. Hence, the claimant is entitled for an amount of Rs.16,000/- (Rs.8,000/- x 2) under the head of loss of income during the laid period. Though, the Tribunal had not considered the disability, considering the injuries sustained by the claimant, under the head of loss of amenities, this Court is granting an amount of Rs.30,000/-.
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16. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER1, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for compensation as per the table below:-
Sl. Heads Compensation
No. Awarded by this
Court
01. Towards pain and suffering Rs.40,000/-
02. Towards nourishment, food Rs.5,000/-
and accidental expenses
03. Towards loss of income during Rs.16,000/-
the laid up period
04. Towards loss of amenities Rs.30,000/-
05. Towards legal expenses Rs.10,000.-
Total Rs.1,01,000/-
1
(2014) 11 SCC 178
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MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
17. Accordingly, MFA.No.201645/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.60,000/- to Rs.1,01,100/-.
(a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
(b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
(c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
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18. MFA.No.201646/2018 arising out of MVC.No.1237/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/- for the injuries sustained by the claimant in the accident. According to the claimant, she was working as a Tailor and earning an amount of Rs.15,000/- per month. She had sustained closed displaced fracture of right lateral 1/3rd of clavicle without DNVD, blunt Trauma Chest and soft tissue injury lumbar region. She was in the hospital for 07 days. According to the doctor, she had suffered 25% to 30% disability. The Tribunal had taken 6% as the disability and the income at Rs.6,000/- per month and granted the compensation as per the table given below :-
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MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.60,000/-
2. Pain and sufferings Rs.25,000/-
3. Loss of amenities Rs.15,000/-
4. Loss of future income Rs.64,800/-
5. For removal of implants Rs.10,000/-
6. Attendant and Misc. charges Rs.3,000/-
Total Rs.1,77,800/-
Rounded off Rs.1,78,000/-
19. Learned counsel for the claimant submits that when the claimant had sustained the fracture of right lateral 1/3rd of clavicle without DNVD and the doctor has given disability at 25% to 30% disability, the Tribunal should have taken 10% disability, but it had taken only 6% disability and considered the income at Rs.6,000/-
which is on the lower side. He further submits that the total compensation that was awarded by the Tribunal is not just and reasonable.
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20. The learned counsel appearing for the respondent - insurance company submits that the Tribunal had rightly not considered the disability and rightly granted the compensation. It is submitted that no grounds are made out for enhancement of the compensation.
21. In this case, the claimant had sustained one fracture and simple injuries. Considering the grievous and simple injuries, under the head of pain and suffering this Court is granting an amount of Rs.50,000/-. Towards medical expenses, the Tribunal had rightly granted the compensation and no grounds are made out for interference of the same. Under the loss of income during the laid up period, no amounts are granted by the Tribunal. No evidence is let in with regard to the income of the claimant. As per the Chart prepared by the Karnataka State Legal Services Authority, for the year 2015, this Court is taking the notional income of the claimant at
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Rs.8,000/-. Hence, under the head of loss of income during the laid up period, the claimant is entitled for an amount of Rs.24,000/- (Rs.8,000/- x 3). Claimant was in the hospital for 07 days. Towards attendant and Misc. charges, this Court is granting an amount of Rs.7,000/-. Then coming to the loss of amenities, the Tribunal had granted an amount of Rs.15,000/-. Considering the disability, this Court under the head of loss of amenities is granting an amount of Rs.20,000/-. Under the head of loss of future income, the doctor had assessed the disability between 25% to 30% and the Tribunal had taken the disability at 6%. This Court is taking the disability at 8%. Hence, Rs.8,000/- x 12 x 15 x 8 / 100 = Rs.1,15,200/-. The claimant is entitled for compensation under the head of loss of future income at Rs.1,15,200/-. The Tribunal had granted Rs.10,000/- towards removal of implants is just and reasonable and no interference is called for.
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22. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER2, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for compensation under the following heads :-
Sl. Heads Compensation Compensation No. Awarded by the Awarded by Tribunal this Court
01. Medical expenses Rs.60,000/- Rs.60,000/-
02. Pain and sufferings Rs.25,000/- Rs.50,000/-
03. Loss of amenities Rs.15,000/- Rs.20,000/-
04. Loss of future Rs.64,800/- Rs.1,15,200/-
income
05. For removal of Rs.10,000/- Rs.10,000/-
implants
06. Attendant and Misc. Rs.7,000/-
Rs.3,000/-
charges
07. Loss of income Rs.24,000/-
during the laid up -
period
08. Legal expenses - Rs.10,000/-
Total Rs.1,77,800/- Rs.2,86,200/-
Rounded off Rs.1,78,000/- Rs.2,86,000/-
2
(2014) 11 SCC 178
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MFA No. 201646 of 2018
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MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
23. Accordingly, MFA.No.201646/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,78,000/- to Rs.2,86,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
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24. MFA.No.201647/2018 arising out of MVC.No.1238/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,00,000/- for the injuries sustained by the claimant in the accident. According to the claimant, she was working as a Tailor and earning an amount of Rs.15,000/- per month. There is a fracture of 6th rib of right side and she was in the hospital for 02 days. According to the Doctor there is a disability at 15% to 20%. The Tribunal had granted global compensation of an amount of Rs.60,000/-.
25. The learned counsel for the claimant submits that the Tribunal ought to have considered the disability and ought to have granted the compensation. He further submits that the compensation that was awarded by the Tribunal is on the lower side. It is submitted that when the doctor had deposed that there is 20% disability, the Tribunal ought to have considered the disability and granted the compensation.
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26. The learned counsel appearing for the respondent - insurance company submits that the claimant was in the hospital for 02 days and rib fracture will not lead to disability. The Tribunal had rightly not considered the disability and rightly granted the global compensation of an amount of Rs.60,000/- and no grounds are made out for enhancement of the compensation.
27. Having heard the learned counsel on either side, perused the entire material on record.
28. In this case, the claimant had sustained fracture of 6th rib of right side. This Court is not able to appreciate the contention of the learned counsel for the claimant. The Tribunal had rightly granted the global compensation of Rs.60,000/- and no interference is called for.
29. Accordingly, MFA.No.201647/2018 filed by the claimant is dismissed.
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30. MFA.No.201648/2018 arising out of MVC.No.1239/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/-. The claimant is a house wife and earning an amount of Rs.15,000/-. According to the claimant, she had sustained 6th, 7th ribs fracture of right side of chest, closed displaced fracture of left lateral 1/3rd of clavicle and right superior and inferior ramus fracture. The claimant was in the hospital for 07 days. According to the doctor he had sustained 20% to 25%. The Tribunal had considered the disability at 10% and taken the income at Rs.6,000/- per month and granted the compensation as per the table given below:-
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MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.66,000/-
2. Pain and sufferings Rs.50,000/-
3. Loss of amenities Rs.25,000/-
4. Loss of future income Rs.50,400/-
5. For removal of implants Rs.10,000/-
6. Attendant and Misc. charges Rs.3,000/-
Total Rs.2,04,400/-
31. The learned counsel appearing for the claimant submits that when the claimant had sustained fracture injuries, the compensation that was awarded by the Tribunal under the different heads is not reasonable. It is submitted that the Tribunal had taken only 10% disability and the income was considered only at Rs.6,000/- per month which is on the lower side. Under the head of pain and suffering the amount that was granted was on the lower side. It is submitted that the total compensation that was awarded by the Tribunal is not just and reasonable.
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32. Learned counsel for the respondent - insurance company submits that the Tribunal had granted reasonable compensation. No grounds are made out for enhancement of the compensation.
33. Having heard the learned counsel on either side and perused the entire material on record.
34. Considering the three fractures sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.70,000/-. The Tribunal had rightly granted the compensation under the head of medical expenses and no interference is called for. Then coming to the loss of future income, as there is no evidence in support of the income, this Court is considering an amount of Rs.8,000/- as per the Chart prepared by the Karnataka State Legal Services Authority as notional income. Considering the fracture sustained by the claimant, this Court is taking disability at 7%. Hence,
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Rs.8,000/- x 12 x 7 x 10/100/- = Rs.67,200/-. The claimant is entitled for the compensation under the head of loss of future income at Rs.67,200/-. When coming to the loss of income during the laid up period, considering the injuries, for three months income at Rs.8,000/- x 3 = 24,000/-. Hence, the claimant is entitled for compensation under the head of loss of income during the laid up period at Rs.24,000/-. Tribunal had granted the compensation towards loss of amenities at Rs.25,000/-. Considering the disability, this Court is granting an amont of Rs.30,000/- towards loss of amenities. Towards attendant and incidental charges, considering the 07 days hospitalization an amount of Rs.7,000/- is awarded. Towards future operation, the Tribunal had granted only Rs.10,000/-. Considering the evidence of the doctor, this Court is granting an amount of Rs.15,000/- under the head of for removal of implants.
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35. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER3, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for compensation under the following heads:-
Sl. Heads Compensation Compensation No. Awarded by the Awarded by Tribunal this Court
01. Medical expenses Rs.66,000/- Rs.66,000/-
02. Pain and sufferings Rs.50,000/- Rs.70,000/-
03. Loss of amenities Rs.25,000/- Rs.30,000/-
04. Loss of future Rs.50,400/- Rs.67,200/-
income
05. For removal of Rs.10,000/- Rs.15,000/-
implants
06. Attendant and Misc. Rs.7,000/-
Rs.3,000/-
charges
07. Loss of income Rs.24,000/-
during the laid up -
period
08. Legal expenses - Rs.10,000/-
Total Rs.2,04,400/- Rs.2,89,200/-
3
(2014) 11 SCC 178
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MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
36. Accordingly, MFA.No.201648/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.2,04,400/- to Rs.2,89,200/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
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37. MFA.No.201649/2018 arising out of MVC.No.1240/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/- for the injuries sustained by the claimant in the accident. According to the claimant she was working as Tailor and earning an amount of Rs.15,000/-. As per the wound certificate she had sustained closed displaced fracture right superior and inferior rami fracture. According to the doctor there is a disability of 30% to 35%. The Tribunal had considered the disability at 10% and considered the income at Rs.6,000/- and granted the compensation as per the table given below:-
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.27,000/-
2. Pain and sufferings Rs.20,000/-
3. Loss of amenities Rs.10,000/-
4. Loss of future income Rs.1,08,000/-
5 Attendant and Misc. charges Rs.3,000/-
Total Rs.1,68,000/-
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38. The learned counsel for the claimant submits that the Tribunal ought to have taken the disability as per the evidence of the doctor. Under the head of pain and suffering the compensation that was awarded by the Tribunal was not just and reasonable. It is submitted that under all other heads the compensation that was awarded by the Tribunal is not just and reasonable.
39. The learned counsel for the respondent - insurance company submits that the Tribunal had rightly considered the disability and had rightly granted the compensation. No grounds are made out for enhancement of the compensation.
40. Having heard the learned counsel on either side, perused the entire material on record.
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
41. Considering the injuries sustained by the claimant, this Court is granted an amount of Rs.60,000/- under the head of pain and suffering. The claimant was in the hospital for 07 days. Under the head of attendant and incidental charges, this Court is granting an amount of Rs.7,000/-. Towards medical expenses the Tribunal had already granted an amount of Rs.27,000/- and no interference is called for. Then coming to the loss of future income, there is no evidence on record with regard to income, considering the Chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the claimant at Rs.8,000/- per month. Considering the injuries sustained by the claimant, this court is taking the disability at 10% (Rs.8,000/- x 12 x 15 x 10/100 = Rs.1,44,000/-). Hence, under the head of loss
- 41 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 of future income at Rs.1,44,000/-. Towards loss of income during the laid up period this Court is granting an amount of Rs.24,000/- (Rs.8,000/- x 3). Under the head of loss of amenities, the Tribunal had granted an amount of Rs.10,000/-. Considering the disability and impact on her future life, this Court is granting an amount of Rs.30,000/- under the head of loss of amenities.
42. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER4, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for compensation under the following heads :-
4
(2014) 11 SCC 178
- 42 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Sl. Heads Compensation Compensation No. Awarded by the Awarded by Tribunal this Court
01. Medical expenses Rs.27,000/- Rs.27,000/-
02. Pain and sufferings Rs.20,000/- Rs.60,000/-
03. Loss of amenities Rs.10,000/- Rs.30,000/-
04. Loss of future Rs.1,08,000/- Rs.1,44,000/-
income
05. Attendant and Misc.
Rs.3,000/-
charges Rs.7,000/-
06. Loss of income
during the laid up - Rs.24,000/-
period
07. Legal Expenses - Rs.10,000/-
Total Rs.1,68,000/- Rs.3,02,000/-
- 43 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
43. Accordingly, MFA.No.201649/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,68,000/- to Rs.3,02,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
- 44 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
44. MFA.No.201650/2018 arising out of MVC.No.1241/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/- for the injuries sustained by her in the accident. It is the case of the claimant that she is a housewife. She had sustained fracture of right superior and inferior ramus fracture, blunt trauma chest and soft tissue injury lumbar region. She was in the hospital for 07 days. According to the doctor she had sustained 30% to 35% disability. The Tribunal had taken 10% disability. It is the case of the claimant that she was earning an amount of Rs.15,000/- per month. The Tribunal had taken the disability at 10%. The Tribunal had taken the income of the claimant at Rs.6,000/- per month and granted the compensation as per the Table given below:-
- 45 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.27,000/-
2. Pain and sufferings Rs.30,000/-
3. Loss of amenities Rs.15,000/-
4. Loss of future income Rs.36,000/-
5 Attendant and Misc. charges Rs.3,000/-
Total Rs.1,11,000/-
45. The learned counsel for the claimant submits that for those three injuries sustained by the claimant, the Tribunal had not granted the reasonable compensation and the disability taken was also on the lower side. The compensation that was awarded is not just and reasonable.
46. The learned counsel appearing for the respondent - insurance company submits that the Tribunal had rightly considered the disability and had rightly granted the compensation. No grounds are made out for enhancement of the compensation.
- 46 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
47. Having heard the learned counsel on either side, perused the entire material on record.
48. Considering one grievous injury and two simple injuries, under the head of pain and suffering this Court is granting an amount of Rs.50,000/-. The claiamant was in the hospital for 07 days. This Court is granting an amount of Rs.7,000/- towards attendant and incidental charges. The Tribunal had already granted an amount of Rs.27,000/- towards medical expenses and no interference is called for. Then coming to the disability, considering the 30% disability to the limb, the Court had rightly taken the disability at 10%. As per the Chart prepared by the Karnataka State Legal Services Authority, this Court is taking income of the claimant at Rs.8,000/- per month. The proper multiplier applicable to the age of the injured is 5. Hence, Rs.8,000/- x 12 x 5 x 10/100 =
- 47 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Rs.48,000/-. Hence, the claimant is entitled for compensation of an amount of Rs.48,000/- under the head of loss of future income. Then coming to the loss of income during the laid up period, Rs.8,000/- x 3 = Rs.24,000/-. Hence, the claimant is entitled for compensation under the head of loss of income during the laid up period at Rs.24,000/-. Towards loss of amenities, the Tribunal had granted an amount of Rs.15,000/-. This Court is granting an amount of Rs.30,000/- towards loss of amenities.
49. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER5, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for the compensation under the following heads :-
5
(2014) 11 SCC 178
- 48 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Sl. Heads Compensation Compensation No. Awarded by the Awarded by Tribunal this Court
01. Medical expenses Rs.27,000/- Rs.27,000/-
02. Pain and sufferings Rs.30,000/- Rs.50,000/-
03. Loss of amenities Rs.15,000/- Rs.30,000/-
04. Loss of future Rs.36,000/- Rs.48,000/-
income
05. Attendant and Misc.
Rs.3,000/-
charges Rs.7,000/-
06. Loss of income
during the laid up - Rs.24,000/-
period
07. Legal Expenses - Rs.10,000/-
Total Rs.1,11,000/- Rs.1,96,000/-
- 49 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
50. Accordingly, MFA.No.201650/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,11,000/- to Rs.1,96,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
- 50 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
51. MFA.No.201651/2018 arising out of MVC.No.1242/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/- for the injuries sustained by the claimant. According to the claimant, she was doing tailoring work and earning an amount of Rs.15,000/- per month. She had sustained un- displaced fracture of left superior ramus. The claimant was in the hospital for 02 days. According to the doctor she had sustained 25% to 30% disability. The Tribunal had taken the disability at 7%. The Tribunal had taken the income of the claimant at Rs.6,000/- and granted the compensation as per the table given below:-
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.9,000/-
2. Pain and sufferings Rs.20,000/-
3. Loss of amenities Rs.10,000/-
4. Loss of future income Rs.85,680/-
5 Attendant and Misc. charges Rs.3,000/-
Total Rs.1,27,680/-
Rounded of Rs.1,28,000/-
- 51 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
52. The learned counsel for the claimant submits that for the injuries sustained by the claimant, the Tribunal had not granted reasonable compensation and the disability taken was also in the lower side. The compensation that was awarded is not just and reasonable.
53. The learned counsel appearing for the respondent - insurance company submits that the Tribunal had rightly considered the disability and had rightly granted the compensation. No grounds are made out for enhancement of the compensation.
54. Having heard the learned counsel on either side, perused the entire material on record.
- 52 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
55. Considering one fracture injury, under the head of pain and suffering this Court is granting an amount of Rs.40,000/-. The claimant was in the hospital for 02 days. The Tribunal had granted an amount of Rs.3,000/- under the head of attendant and other incidental expenses and this Court is not inclined to interfere with the same. Towards loss of future income, the Tribunal had rightly taken 7% as disability and no interference is called for. As per the Chart prepared by the learned Karnataka State Legal Services Authority, this Court is taking the income of the claimant at Rs.8,000/- per month. Hence, Rs.8,000/- x 12 x 17 x 7/100 = Rs.1,14,240/-. Hence, the claimant is entitled for compensation under the head of loss of future income at Rs.1,14,240/-. Towards medical
- 53 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 expenses the Tribunal had already granted an amount of Rs.9,000/- and no interference is called for. Under the head of loss of amenities, this Court is granting an amount of Rs.20,000/-. Then coming to the loss of income during the laid up period, this Court is granting an amount of Rs.8,000/- x 3 = Rs.24,000/-.
56. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER6, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for the compensation under the following heads :-
6
(2014) 11 SCC 178
- 54 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Sl. Heads Compensation Compensation No. Awarded by Awarded by the Tribunal this Court
01. Medical expenses Rs.9,000/- Rs.9,000/-
02. Pain and Rs.20,000/- Rs.40,000/-
sufferings
03. Loss of amenities Rs.10,000/- Rs.20,000/-
04. Loss of future Rs.85,680/- Rs.1,14,240/-
income
05. Attendant and Rs.3,000/-
Rs.3,000/-
Misc. charges
06. Loss of income Rs.24,000/-
during the laid up -
period
07. Legal Expenses - Rs.10,000/-
Total Rs.1,27,680/- Rs.2,20,240/-
Rounded of Rs.1,28,000/- Rs.2,20,000/-
- 55 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
57. Accordingly, MFA.No.201651/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,28,000/- to Rs.2,20,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
- 56 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
58. MFA.No.201652/2018 arising out of MVC.No.1243/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/- for the injuries sustained by the claimant in the accident. According to the claimant, she was earning an amount of Rs.15,000/- per month. She had sustained LI wedge compression fracture and contusion right shoulder. She is in the hospital for 02 days. According to the doctor there is a disability of 20% to 25%. The Tribunal had taken the disability at 6%. The Tribunal had taken the income of the claimant at Rs.6,000/- per month and granted the compensation as per the table given below:-
- 57 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.10,500/-
2. Pain and sufferings Rs.20,000/-
3. Loss of amenities Rs.10,000/-
4. Loss of future income Rs.77,760/-
5 Attendant and Misc. charges Rs.1,000/-
Total Rs.1,19,260/-
Rounded of Rs.1,19,000/-
59. The learned counsel for the claimant submits that for the injuries sustained by the claimant, the Tribunal had not granted reasonable compensation and the disability that taken was also on the lower side. The compensation that was awarded by the Tribunal is not just and reasonable.
60. The learned counsel appearing for the respondent - insurance company submits that the Tribunal had rightly considered the disability and had rightly granted the compensation. No grounds are made out for enhancement of the compensation.
- 58 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
61. Having heard the learned counsel on either side, perused the entire material on record.
62. Considering the injuries sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. The claimant was in the hospital for 02 days. Under the head of attendant and incidental charges, this Court is granting an amount of Rs.2,000/-. The Tribunal had rightly taken the disability at 6%. Coming to the income there is no evidence with regard to income, as per the Chart prepared by the Karnataka State Legal Services Authority, this Court is taking the notional income of the claimant at Rs.8,000/- per month (Rs.8,000/- x 12 x 18 x 6/100 = Rs.1,03,680/-). The claimant is entitled for an amount of Rs.1,03,680/- for the loss of future income. Then coming to the loss of income during the laid up period,
- 59 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Rs.8,000/- x 3 = Rs.24,000/-. Hence, the claimant is entitled for an amount of Rs.24,000/- under the head of loss of income during the laid up period. Under the head of loss of amenities, the Tribunal had granted only Rs.10,000/-. Considering the disability and injury sustained by the claimant, this Court is granting an amount of Rs.30,000/- under the head of loss of amenities. The Tribunal had granted the compensation towards medical expenses at Rs.10,500/- and no interference is called for.
63. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER7, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for compensation as under:-
7
(2014) 11 SCC 178
- 60 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Sl. Heads Compensation Compensation No. Awarded by Awarded by the Tribunal this Court
01. Medical expenses Rs.10,500/- Rs.10,500/-
02. Pain and Rs.20,000/- Rs.40,000/-
sufferings
03. Loss of amenities Rs.10,000/- Rs.30,000/-
04. Loss of future Rs.77,760/- Rs.1,03,680/-
income
05. Attendant and Rs.2,000/-
Rs.1,000/-
Misc. charges
06. Loss of income Rs.24,000/-
during the laid up -
period
07. Legal Expenses - Rs.10,000/-
Total Rs.1,19,200/- Rs.2,20,180/-
Rounded of Rs.1,19,000/- Rs.2,20,000/-
- 61 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
64. Accordingly, MFA.No.201652/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,19,000/- to Rs.2,20,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
- 62 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
65. MFA.No.201653/2018 arising out of MVC.No.1244/2015 :- The claim petition was filed seeking the compensation of an amount of Rs.14,00,000/- for the injuries sustained by the claimant in the accident. According to the claimant he was a driver and earning an amount of Rs.15,000/- per month. He had sustained closed comminuted fracture of lower pole of right patelia. He was in the hospital for 07 days. According to the doctor he had sustained 35% to 40% disability. The Tribunal had not considered the disability, as he was continuing with his work and granted compensation under the following heads:-
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.50,000/-
2. Pain and sufferings Rs.50,000/-
3. Loss of amenities Rs.30,000/-
4. Attendant and Misc. charges Rs.3,000/-
Total Rs.1,33,000/-
- 63 -
NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
66. The learned counsel for the claimant submits that for the injuries sustained by the claimant, the Tribunal had not granted reasonable compensation. The compensation that was awarded by the Tribunal is not just and reasonable.
67. The learned counsel appearing for the respondent - insurance company submits that the Tribunal had rightly not considered the disability and had rightly granted the compensation. No grounds are made out for enhancement of the compensation.
68. Having heard the learned counsel on either side, perused the entire material on record.
- 64 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
69. Considering one fracture injury, this Court is granting an amount of Rs.40,000/- towards pain and suffering. Then coming to the loss of future income, the Tribunal had observed that he is continuing his job. It does not mean that the disability will not have any impact on his future life. As there is closed comminuted fracture of lower pole of right patella, the Tribunal ought to have taken the disability as stated by the doctor. Hence, this Court taking the disability at 10% and considering the income at Rs.8,000/- as per the Chart prepared by the Karnataka State Legal Services Authority (Rs.8,000/- x 12 x 15 x 10/100 = Rs.1,44,000/-). The claimant is entitled for compensation under the head of loss of future income at Rs.1,44,000/-. Then coming to the loss of income during the laid up period, for three months (Rs.8,000/- x 3) claimant is entitled for an amount of
- 65 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Rs.24,000/- under the head of loss of income during the laid up period. The claimant was in the hospital for 07 days. This Court is granting an amount of Rs.7,000/- towards attendant and incidental expenses. The Tribunal under the head of loss of amenities had granted an amount of Rs.30,000/- and no interference is called for. Towards the medical expenses also the Tribunal had granted an amount of Rs.50,000/- basing on the evidence which is reasonable.
70. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER8, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for the compensation under the following heads :-
8
(2014) 11 SCC 178
- 66 -
NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Sl. Heads Compensation Compensation No. Awarded by Awarded by the Tribunal this Court
01. Medical expenses Rs.50,000/- Rs.50,000/-
02. Pain and Rs.50,000/- Rs.40,000/-
sufferings
03. Loss of amenities Rs.30,000/- Rs.30,000/-
04. Loss of future - Rs.1,44,000/-
income
05. Attendant and Rs.7,000/-
Rs.3,000/-
Misc. charges
06. Loss of income Rs.24,000/-
during the laid up period
07. Legal Expenses - Rs.10,000/-
Total Rs.1,33,000/- Rs.3,05,000/-
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
71. Accordingly, MFA.No.201653/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,33,000/- to Rs.3,05,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
72. MFA.No.201654/2018 arising out of MVC.No.1245/2015 :- The claim petition was filed seeking compensation of an amount of Rs.14,50,000/- for the injuries sustained by the claimant in the accident. According to the claimant she is the Tailor and earning an amount of Rs.15,000/- per month. As per the doctor the claimant had sustained closed displaced fracture of left lower 1/3rd humerus without DNVD and soft tissue injury lumbar region. The claimant was in the hospital for 07 days. The Tribunal had taken the disability at 8%. The Tribunal had taken the income of the claimant at Rs.6,000/- per month and granted the compensation as per the Table given below:-
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NC: 2024:KHC-K:941
MFA No. 201645 of 2018
C/W MFA No. 201644 of 2018
MFA No. 201646 of 2018
MFA No. 201647 of 2018
MFA No. 201648 of 2018
MFA No. 201649 of 2018
MFA No. 201650 of 2018
MFA No. 201651 of 2018
MFA No. 201652 of 2018
MFA No. 201653 of 2018
MFA No. 201654 of 2018
Sl. Heads Compensation
No. Awarded
1. Medical expenses Rs.78,000/-
2. Pain and sufferings Rs.20,000/-
3. Loss of amenities Rs.10,000/-
4 Loss of future income Rs.1,03,680/-
5 Attendant and Misc. charges Rs.3,000/-
Total Rs.2,14,680/-
Rounded of Rs.2,15,000/-
73. The learned counsel for the claimant submits that for those injuries sustained by the claimant, the Tribunal had not granted reasonable compensation and the disability taken was also on the lower side. The compensation that was awarded by the Tribunal is not just and reasonable.
74. The learned counsel appearing for the respondent - insurance company submits that the Tribunal had rightly considered the disability and had rightly granted the compensation. No grounds are made out for enhancement of the compensation.
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
75. Having heard the learned counsel on either side, perused the entire material on record.
76. Considering the injuries sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. The claimant was in the hospital for 07 days. Under the head of attendant and incidental expenses, this Court is granting an amount of Rs.7,000/-. Under the head of medical expenses, the Tribunal had rightly granted the compensation of an amount of Rs.78,000/-. Then coming to the disability, the doctor had deposed that it is 30% to 35% disability. The Tribunal had rightly taken the disability at 10%. As per the Chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the claimant at Rs.8,000/- per month (Rs.8,000/- x 12 x 18 x 10/100 = Rs.1,72,800/-) the claimant is entitled for
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 an amount of Rs.1,72,800/- under the head of loss of future income. Towards loss of income during the laid up period (Rs.8,000/- x 3) the claimant is entitled for an amount of Rs.24,000/-. Towards loss of amenities, the Tribunal had granted the compensation of an amount of Rs.10,000/-. Considering the injuries sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards loss of amenities.
77. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER9, claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether claimant is entitled for the compensation under the following heads :-
9
(2014) 11 SCC 178
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Sl. Heads Compensation Compensation No. Awarded by Awarded by the Tribunal this Court
01. Medical expenses Rs.78,000/- Rs.78,000/-
02. Pain and Rs.20,000/- Rs.40,000/-
sufferings
03. Loss of amenities Rs.10,000/- Rs.30,000/-
04. Loss of future Rs.1,72,800/-
Rs.1,03,680/-
income
05. Attendant and Rs.7,000/-
Rs.3,000/-
Misc. charges
06. Loss of income Rs.24,000/-
during the laid up period
07. Legal Expenses - Rs.10,000/-
Total Rs.2,14,680/- Rs.3,61,800/- Rounded of Rs.2,15,000/- Rs.3,62,000/-
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018
78. Accordingly, MFA.No.201654/2018 filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.2,15,000/- to Rs.3,62,000/-.
a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.
b) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.
d) No Costs.
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NC: 2024:KHC-K:941 MFA No. 201645 of 2018 C/W MFA No. 201644 of 2018 MFA No. 201646 of 2018 MFA No. 201647 of 2018 MFA No. 201648 of 2018 MFA No. 201649 of 2018 MFA No. 201650 of 2018 MFA No. 201651 of 2018 MFA No. 201652 of 2018 MFA No. 201653 of 2018 MFA No. 201654 of 2018 Pending miscellaneous petitions, if any, shall stand closed.
Sd/ Judge KJJ List No.: 3 Sl No.: 39 CT:VD