Khaleel Pasha S/O Abdul Khader Pasha vs M A Saleem S/O Md.Ibrahim Anr on 9 September, 2014

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Karnataka High Court

Khaleel Pasha S/O Abdul Khader Pasha vs M A Saleem S/O Md.Ibrahim Anr on 9 September, 2014

Bench: Ravi Malimath

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           IN THE HIGH COURT OF KARNATAKA

                   GULBARGA BENCH

          ON THE 09TH DAY OF SEPTEMBER, 2014

                        BEFORE

        THE HON'BLE MR. JUSTICE RAVI MALIMATH

               M.F.A.No. 31846/2010 (MV)

BETWEEN

KHALEEL PASHA
S/O ABDUL KHADER PASHA
AGE : 38 YEARS, OCC : LABOUR
R/O MAILOOR COLONY
BIDAR.
                                       ... APPELLANT
(BY SRI. SHARANABASAPPA K. BABSHETTY, ADV)

AND

1.    M. A. SALEEM
      S/O MD.IBRAHIM
      AGE MAJOR, OCC BUSINESS
      R/O. H NO 161 MAILOOR
      BIDAR.

2.    THE DIVISIONAL MANAGER
      UNITED INDIA INSURANCE CO. LTD.,
      DIVISION OFFICE JAWALI COMPLEX
      SUPER MARKET, GULBARGA.
                                         ... RESPONDENTS

(BY SRI. SHIVANAND PATIL, ADV FOF R2
NOTICE TO R1 IS D/W V/O DTD :21.10.2010)
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     THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:29.06.2010 PASSED
IN MVC NO. 382/2007 ON THE FILE OF THE PRESIDING
OFFICER, FTC-I AND ADDL. M.A.C.T. AT BIDAR, PARTLY
ALLOWING THE CLAIM PETITION AND SEEKING FOR
ENHANCEMENT OF COMPENSATION.


     THIS APPEAL COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Aggrieved by the order of the tribunal the claimant has filed this appeal seeking enhancement. The accident and the liability are admitted.

2. The tribunal held his income at Rs.3,000/- per month. The accident took place on 1-6-2007. Following the Judgment in the case of RAMACHANDRAPPA vs. THE MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD., the income is held at Rs.6,000/- per month. The evidence of the Doctor holding the disability at 20% is incorrect. The claimant was a hamali and due to the injury there is a limping and other difficulties in his leg. In terms of Ex.P-7 there is shortening of the leg by 2". The Doctor 3 has assessed the disability at 50% towards limb and 25% towards the whole body. Under these circumstances, I deem it just and appropriate to hold the disability at 25%. Hence, the loss of future earnings is worked out as follows:-

Rs.6,000/- x12x14x25%=Rs.2,52,000/-. Towards medical expenses and attendant charges a sum of 8,000/- has been awarded. The same is enhanced to Rs.15,000/-. He was in the hospital for 52 days. Hence, a sum of Rs.6,000/- is awarded towards food, nourishment etc. The amount awarded towards loss of amenities is enhanced by a further sum of Rs.20,000/-. The amount awarded towards pain and suffering is enhanced by a further sum of Rs.20,000/-. He was disabled for a period of 6 months. Hence, a sum of Rs.36,000/- is awarded under the said head. A sum of Rs.15,000/- is awarded towards litigation expenses. The compensation now awarded is as follows:-

1 Towards Loss of amenities Rs. 35,000/- 2 Towards pain and suffering Rs. 35,000/- 3 Towards loss of future earnings Rs. 2,52,000/- 4 Towards food, nourishment, Rs. 6,000/-

etc. 5 Towards loss of earning during Rs 36,000/-

laid up period 6 Towards medical & attendant Rs. 15,000/-

charges 7 Towards litigation expenses Rs 15,000/-

Total Rs. 3,94,000/-

Hence, the compensation is enhanced by Rs.2,41,000/-

(Rs.3,94,000/- less Rs.1,53,000/-) which shall carry interest at the rate of 9% from the date of the petition till realisation and to be paid within a period of 8 weeks from the date of receipt of copy of this order.

Sd/-

JUDGE Rsk/-

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