IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.542/2019 C/W M.F.A.No.781/2019(MV) M.F.A.No.542/2019: BETWEEN:
MR SYED GUFFER S/O MR SYED HAYATH, AGED ABOUT 60 YEARS R/AT MASEEDI ROAD, BELURU TOWN, HASSAN TALUK-573 115 ..APPELLANT (BY SRI SHARAN K.J., ADVOCATE FOR SRI C G GOPALASWAMY, ADVOCATE) AND:
1 . MR SYED THOFIC S/O MR SYED GUFFER MAJOR, R/AT NEAR BHARATH PETROL PUMP BELURU, HASSAN DISTRICT-573 115 (OWNER OF MARUTHI OMINI VAN BEARING NO.KA-13-N-7050) 2 . THE GENERAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., POST OFFICE NO.460/20, 1ST FLOOR, 8TH MAIN ROAD, JAYANAGARA BENGALURU-560 041 REPT. BY ITS BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., VENKATESHWARA BUILDING, B.M. ROAD,HASSAN-573 201 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2018 PASSED IN MVC NO.1782/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, BELUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
M.F.A.No.781/2019:
BETWEEN:
MUMTHAZ W/O MR. SYED GUFFER AGED ABOUT 58 YEARS R/AT MASEEDI ROAD, BELURU TOWN HASSAN TALUK-573115. ..APPELLANT (BY SRI SHARAN K.J., ADVOCATE FOR SRI C G GOPALASWAMY, ADVOCATE) AND:
1 . MR SYED THOFIC S/O MR. SYED GUFFER MAJOR R/AT NEAR BHARATH PETROL PUMP BELURU HASSAN DISTRICT -573 115 (OWNER OF MARUTHI OMINI VAN BEARING NO.KA-13-N-7050) 2 . THE GENERAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., POST OFFICE NO.460/20 1ST FLOOR, 8TH MAIN ROAD, JAYANAGARA BENGALURU-560 041 REPT. BY ITS BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., VENKATESHWARA BUILDING B.M. ROAD, HASSAN 573201. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2018 PASSED IN MVC NO.1783/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT These are the two appeals directed against the Judgment and award dated 28.09.2018 passed in MVC Nos.1782/2016 and 1783/2016 wherein claim petitions came to be allowed in part and compensation of Rs.2,10,000/- together with interest @ 9% p.a. from the date of petition till realization was ordered in MVC No.1782/2016 and Rs.1,03,000/- together with interest @ 9% p.a. from the date of petition till realization came to be awarded in MVC No.1783/2016. Being aggrieved by the said Judgment and award petitioners preferred these two appeals seeking enhancement of compensation.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. It appears both the petitioners in each of the cases together are spouses and accident occurred on 16.08.2016 in the morning at 4.45 a.m. when petitioners in both cases Syed Guffer and Mumthaz were traveling in vehicle bearing registration No.KA- 13-N-7050 which is a Maruthi Omni vehicle and after leaving Danayakanahalli farm house they were proceeding towards their house at Belur town and when they reached near Chikkabydagere Village near Chikkamagaluru-Belur road because of the rash and negligent driving by the driver of the vehicle they fell down into a drain. Petitioners in both the cases sustained injuries more particularly Syed Guffer was inpatient for two months and even was compelled to spend Rs.5,00,000/- for medical treatment. Similarly Mumthaz his wife had to spend Rs.3,00,000/- for medical expenses.
4. Insofar as injuries sustained by the petitioner - Syed Guffer in MVC No.1782/2016 are:
1. Fracture of neck femur left 2. Dislocation right elbow 3. Chest injury 4. Tenderness TL spine 5. Laceration knee And he was stated to have been inpatient for nine days.
5. Insofar as petitioner -Mumtaz in MVC No.1783/2016 suffered following injuries:
1. Crush injury left hand with tendon injury 2. Facial injury 6. Disability suffered by Syed Guffer is stated to be 48% in total i.e., 28% to left leg and 20% to right hand. The total disability considered by the Tribunal is at 16%. He is stated to be agriculturist and doing business and aged 58 years according to him. However it is stated to be above 65 years and compensation awarded under the head loss of future earning is as under:
5000x16/100x12x5 =Rs.48,000/-
The break up of compensation awarded is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and suffering Rs. 65,000/-
2. Medical expenses, future medical expenses, attendant charges, conveyance and nourishment 3. Loss of income during laid up period Rs. 57,000/-
Rs. 10,000/-
4. Loss of future income Rs. 48,000/-
5. Loss of amenities Rs. 30,000/- Total Rs.2,10,000/-
7. Insofar as petitioner -Mumthaz in MVC No.1783/2016 is concerned total functional disability due to injuries is 18% to left hand and it is considered by the Tribunal at 6%, as a result loss of future earning is as under:
5000x6%x12x5 =18,000/-
The break up showing compensation awarded to her is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and suffering Rs. 40,000/-
2. Medical expenses, future medical expenses, attendant charges, conveyance and nourishment 3. Loss of income during laid up period Rs. 21,000/-
Rs. 4,000/-
4. Loss of future income Rs. 18,000/-
5. Loss of amenities Rs. 20,000/- Total Rs.1,03,000/-
8. Learned counsel appearing for the appellant would submit that there has been under assessment of compensation. The compensation awarded is not in proportion to the injuries sustained by both the petitioners. Similarly insofar as pain and suffering there is no nexus between assessment and amount awarded. Further for the injuries sustained medical expenditure incurred by the petitioner in MVC No.1782/2016 and petitioner in MVC No.1783/2016 is Rs.5,00,000/- and Rs.3,00,000/- respectively.
I do not find there is any under assessment or over assessment of compensation. Amount awarded is fair, just and equitable. There is no necessity of further proceedings to be continued in these appeals. Both the appeals are rejected.
Sd/- JUDGE SBN