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2025 DIGILAW 829 (KAR)

Gousa Patel, S/o. Rukkum Patel v. Mansur Patel, S/o. Ajima Patel

2025-07-07

RAVI V.HOSMANI

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JUDGMENT : (RAVI V. HOSMANI, J.) Though appeal is listed for admission, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 28.12.2022 passed by II Additional Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi, (for short, ‘tribunal’) in MVC no.151/2019, this appeal is filed. 3. Sri Sanjeev Patil, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, on 29.11.2017 when claimant was waiting to cross road near Madbool cross, driver of car no.KA-32/N-7799 drove it in rash and negligent manner and dashed against claimant causing accident. Due to injuries sustained in accident, he was shifted to P.G.Shah Hospital, Kalaburagi and later to Kothadia Hospital, Solapur. Despite treatment, he sustained permanent physical disability and loss of earning capacity. Therefore, he filed claim petition under Section 166 of Motor Vehicles Act, against owner and insurer of car. 4. On contest, wherein, only insurer filed objections denying rash and negligent driving by driver of insured vehicle, age, occupation, income and disability sustained by claimant as well as alleging violation of policy conditions, tribunal framed issues and recorded evidence. Claimant examined himself and Dr.Ravi E.Shivaraya as PWs.1 and 2. Exs.P1 to P15 were got marked. In rebuttal, insurer examined its official as RW.1 and got marked Exs.R1 and R2. 5. On consideration, Tribunal held accident had occurred due to rash and negligent driving of insured vehicle by its driver, claimant had sustained permanent physical disability/loss of earning capacity and was entitled for compensation from insurer as follows: 1 Pain and sufferings Rs.40,000/- 2 Medical expenses Rs.1,05,771/- 3 Loss of earning during laid up period Rs.30,750/- 4 Loss of future earning disability Rs.3,44,400/- 5 Nutritious food and attendant charges Rs.20,000/- 6 Loss of future amenities and loss of happiness Rs.20,000/- Rs.5,60,921/- 6. Dissatisfied with same, claimant was in appeal. It was submitted, though claimant had stated that he was working as builder earning Rs.25,000/- per month, tribunal erred in assessing it notionally at Rs.10,250/- only. It was submitted, accidental injuries had led to amputation of his right limb below knee. PW.2 had assessed limb disability at 65%. However, tribunal erred in considering functional disability at 20% only and sought enhancement. 7. It was submitted, accidental injuries had led to amputation of his right limb below knee. PW.2 had assessed limb disability at 65%. However, tribunal erred in considering functional disability at 20% only and sought enhancement. 7. Relying upon decision of Hon’ble Supreme Court in case of Mohd.Sabeer @ Shabir Hussain v. Regional Manager, U.P. State Road Transport Corporation, (2022) 18 S.C.R. 427 it was submitted that future prospects were required to be added to monthly income even in case of personal injury claims. It was submitted compensation awarded to other heads namely pain and suffering, loss of amenities, attendance and loss of income during laid-up period were also on lower side and sought enhancement. It was submitted, tribunal had not awarded any compensation towards future medical expenses for artificial limb, its periodic maintenance and replacement. On above grounds sought enhancement. 8. On other hand, Smt.Preeti Patil Melkundi, learned counsel for insurer opposed appeal. It was submitted, considering facts and circumstances wherein claimant had failed to substantiate his monthly income, tribunal had assessed it notionally and rightly awarded compensation under various heads. Same was adequate and did not call for interference. 9. Heard learned counsel. Perused impugned judgment and award. 10. From above and since only claimant is in appeal for enhancement of compensation, point that would arise for consideration is: “Whether claimant is entitled for enhancement of compensation as sought for?” 11. Same is answered partly in affirmative for following reasons: 12. Insofar as monthly income, indeed claimant stated that he was builder earning more than Rs.25,000/- per month. However to substantiate same, no material is placed. Neither his Contractor’s licence or contract agreements for construction of building or income tax assessments are filed. In absence, tribunal was justified in assessing it notionally. It is seen that notional income for year 2017 as adopted by KSLSA for settlement of cases before Lok-adalat being Rs.10,250/-, tribunal would justified in taking same as his monthly income. It is not in dispute that accidental injuries had led to amputation of right lower limb of claimant below knee. In view of amputation, award of Rs.50,000/- towards pain and suffering would be grossly inadequate, same is enhanced to Rs.1,50,000/-. Tribunal awarded Rs.1,05,771/- towards medical expenses which would be in complete reimbursement of amount for which bills were produced. Therefore, there would be no scope for enhancement. In view of amputation, award of Rs.50,000/- towards pain and suffering would be grossly inadequate, same is enhanced to Rs.1,50,000/-. Tribunal awarded Rs.1,05,771/- towards medical expenses which would be in complete reimbursement of amount for which bills were produced. Therefore, there would be no scope for enhancement. Normally, in case of amputation of lower limb, period of six months is taken as layoff. Therefore, claimant would be entitled for Rs.61,500/- as against Rs.30,750/- towards loss of income during period of layoff. Claimant had taken inpatient treatment for period of 23 days. Award of Rs.20,000/- towards food, attendant and conveyance charges appears just and proper. As per decision of Hon’ble Supreme Court in Raj Kumar v. Ajay Kumar & Anr., (2011) 1 SCC 343 in view of amputation, tribunal erred in awarding only Rs.20,000/- towards loss of amenities. Same is enhanced to Rs.1,50,000/-. Taking note of amputation below knee, which would require artificial limb, tribunal ought to have awarded compensation towards future medical expenses i.e., towards artificial limb. Considering requirement of maintenance and periodical replacement, it is appropriate to award lump-sum of Rs.1,00,000/- towards artificial limb. As noted above, claimant sustained amputation of right lower limb below knee. 13. PW.2 assessed limb disability at 65%. Claimant is stated to be a builder and would require to move around climb up and down upstairs for inspection etc. Therefore, assessment of functional disability at 20% would not be justified, it would be appropriate to considered it 50% of loss of earning. As per decision in Mohd.Sabeer’s case (supra) even in personal injury claims, future prospects has to be added to monthly income. Since claimant was 42 years of age and self-employed, future prospects at rate of 25% has to be added. Tribunal has applied correct multiplier by ‘14’, while assessing compensation. Thus, compensation towards future loss of income has to be re-computed as follows: (Rs.10,250/- + 25%) x 12 x 14 x 50% = Rs.10,76,250/-. 14. Thus, claimant is held entitled for re-assessed compensation under the following heads : 1 Pain and sufferings Rs.1,50,000/- 2 Medical expenses Rs.1,05,771/- 3 Loss of earning during laid up period Rs.61,500/- 4 Loss of future earning disability Rs.10,76,250/- 5 Nutritious food and attendant charges Rs.20,000/- 6 Loss of future amenities and loss of happiness Rs.1,50,000/- 7. Towards artificial limb Rs.1,00,000/- Total Rs.16,63,521/- 15. Point for consideration is answered partly in affirmative. Towards artificial limb Rs.1,00,000/- Total Rs.16,63,521/- 15. Point for consideration is answered partly in affirmative. Consequently following: ORDER i. Appeal is allowed in part, impugned judgment and award dated 28.12.2022 passed by II Additional Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi, in MVC no.151/2019 is modified. Claimant is held entitled for total compensation of Rs.16,63,521/- as against Rs.5,60,921/- awarded by Tribunal with interest at rate of 6% per annum as awarded by Tribunal. ii. Insurer is directed to deposit same before tribunal within a period of six weeks. iii. Other conditions about deposit and release of compensation would apply as per award of tribunal to enhanced amount proportionately.