The High Court
Case Details
- 1 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9153 OF 2018 (MV-I) …APPELLANT BETWEEN: SUHEL AHAMED, S/O LIYAQATH ALI, AGED ABOUT 41 YEARS, R/O #1030, 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE-577 002. (BY SRI. SREE HARSHA A K., ADVOCATE) AND: 1. SRIRAM GENERAL INSU. CO. LTD., REP. BY ITS MANAGER, E/8, EPIP, RIICO INDUSTRIAL AREA, SEETAPURA, JAIPUR, RAJASTAN-302 022. 2. GURURAJ, S/O LATE GADIGEPPA TALAVAR, AGED ABOUT 36 YEARS, DRIVER OF TRUCK BEARING REG. NO.KA-37/2624, R/O TADAKANAHALLI VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT.
Legal Reasoning
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 3. GAFOOR KHAN, S/O ABDUL WAHAB KHAN, AGED ABOUT 58 YEARS, OWNER OF TRUCK BEARING REG. NO.KA-37/2624, R/O #60/1, IST MAIN, 14TH CROSS, KTJ NAGAR, DAVANAGERE-577 002. …RESPONDENTS
Legal Reasoning
(BY SRI.B.C.SHIVANNE GOWDA, ADV. FOR R1; VIDE ORDER DATED 22.11.2022, NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.02.2018 PASSED IN MVC NO.645/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The appeal is filed by the claimant seeking enhancement of the compensation aggrieved by the award passed in MVC.No.645/2016 dated 07.02.2018 by the Court of Senior Civil Judge and VI MACT at Davanagere. 2. The claim petition was filed seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the accident. It is the case of the claimant that, in - 3 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 the accident, he had sustained a crush injury on the right foot of the claimant. He underwent surgery by nail fixation and discharged with follow up treatment. He was in hospital for two months and as per the evidence of the doctor, he had sustained 20% disability to the limb and 7% disability to the whole body. It is the case of the claimant that, his salary is between Rs.12,000/- to Rs.15,000/- per month. In support of his case, he had examined the employer. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Heads 1. Loss of future earning capacity Compensation awarded : Rs. 1,26,000/- 2. Pain and suffering : Rs. 40,000/- 3. Loss of amenities : Rs. 10,000/- 4. Loss of food, nourishment and attendant and conveyance charges : Rs. 10,000/- 5. Medical expenses : Rs. 1,61,422/- 5. Loss of income during laid up period for three months : Rs. 30,000/- TOTAL : Rs. 3,77,422/- - 4 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 3. Learned counsel appearing for the claimant submits that the compensation that is awarded by the Tribunal on all the counts is not a reasonable compensation. It is submitted that, the Tribunal had failed to consider the two months hospitalization and also the fact that his income is between Rs.12,000/- and Rs.15,000/- and the Tribunal ought not to have taken Rs.10,000/- as income. Even for the loss of amenities also, the amount that is granted is only Rs.10,000/-. It is submitted that, the compensation needs to be enhanced. 4. Learned counsel appearing for the Insurance Company submits that the Tribunal had rightly considered and granted compensation; no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record, considering the crush injury sustained by the claimant, this Court is inclined to grant an amount of Rs.60,000/- under the head of pain and suffering. Coming to the food, nourishment, attendant charges and transport, he was in hospital for two months and under the said head, he is entitled for an amount of Rs.60,000/-. Coming to the medical expenses, there is no - 5 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 dispute on the same and accordingly, no interference is called for. Coming to the loss of income during the laid-up period, according to the claimant, his income is between Rs.12,000/- to Rs.15,000/-. The Tribunal had rightly observed that, though he has examined the employer, no other documents were placed before the Tribunal and the Tribunal had rightly taken the income at Rs.10,000/-. This Court finds no reason to interfere. When it comes to the loss of income during the laid-up period, he was in hospital for the period of two months, for the recovery another three months, altogether for five months, he is entitled to Rs.50,000/-. Coming to the loss of future income, the Tribunal had rightly considered the income at Rs.10,000/- and disability at 7% to the whole body and granted Rs.1,26,000/- and this Court finds no reason to interfere. Coming to the loss of amenities, considering the disability, this Court is granting Rs.30,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI - 6 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 40,000/- 60,000/- 2. Food, nourishment, attendant charges and transport : Rs. 10,000/- 60,000/- 3. Medical Expenses : Rs. 1,61,422/- 1,61,422/- 4. 5. Loss of income during the laid up period Loss of future earnings : : Rs. 30,000/- 50,000/- Rs. 1,26,000/- 1,26,000/- 5. Loss of amenities : Rs. 10,000/- 30,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,77,422/- 4,97,422/- Enhancement : Rs. 1,20,000/- 8. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation amount from Rs.3,77,422/- to Rs.4,97,422/- and the Insurance company is liable to pay the compensation. 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:15654 MFA No. 9153 of 2018 i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The respondent - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. __________Sd/-_______________ JUSTICE LALITHA KANNEGANTI PA List No.: 2 Sl No.: 46