Case Note & Summary
The appellant, Imran @ Imran Pasha, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 07.10.2013 passed by the Additional MACT, Channapattana, in MVC No.346/2012. The Tribunal had awarded a compensation of Rs.1,07,380/- with interest at 6% per annum, subject to deposit of 50% in a nationalised bank for one year. The appellant sought enhancement, contending the award was frugal. The respondent-insurer opposed the appeal, arguing that the MACT's award should not be interfered with. The High Court, after hearing both sides and perusing the records, noted that for the accident year 2010, the Lok Adalat Income Chart prescribes a monthly income of Rs.5,000/-. Considering the fracture injury sustained by the claimant, the Court awarded a global compensation of Rs.1,50,000/- without any interest, thereby enhancing the compensation.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Fracture Injury - Claimant sustained fracture of left leg in accident - MACT awarded Rs.1,07,380/- - High Court enhanced to Rs.1,50,000/- as global compensation considering Lok Adalat income chart of Rs.5,000/- per month for accident year 2010 - No interest awarded on enhanced amount (Paras 1-3).
Issue of Consideration
Whether the compensation awarded by the MACT for a fracture injury in a motor accident is just and proper, and whether the claimant is entitled to enhancement.
Final Decision
The appeal is allowed in part. The compensation is enhanced to Rs.1,50,000/- (global) without any interest. The insurer shall deposit the enhanced amount within four weeks.
Law Points
- Motor Accident Claims
- Compensation Enhancement
- Lok Adalat Income Chart
- Global Compensation
- Fracture Injury
- No Interest on Enhanced Amount
Case Details
2020 LawText (KAR) (07) 226
M.F.A NO.2069 OF 2014 (MV)
Sri. T P Vivekananda and Sri. Rajayoga K for appellant; Sri. D S Sridhar for respondent 2
Imran Pasha and IFFCO TOKIO General Insurance Company Limited
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Nature of Litigation
Appeal against judgment and award of MACT in a motor accident claim for compensation enhancement.
Remedy Sought
Enhancement of compensation awarded by MACT.
Filing Reason
Claimant dissatisfied with the quantum of compensation awarded by MACT.
Previous Decisions
MACT in MVC No.346/2012 awarded Rs.1,07,380/- with interest at 6% per annum.
Issues
Whether the compensation awarded by MACT is just and proper?
Whether the claimant is entitled to enhancement of compensation?
Submissions/Arguments
Appellant argued that the award is frugal in quantum.
Respondent-Insurer contended that MACT being an expert body, its reasoning should not be interfered with.
Ratio Decidendi
For accident year 2010, Lok Adalat Income Chart prescribes monthly income of Rs.5,000/-; considering fracture injury, global compensation of Rs.1,50,000/- is just and proper.
Judgment Excerpts
This appeal by the claimant lays a challenge to the judgment & award dated 07.10.2013 entered by the Addl. MACT, Channapattana allowing the claim in MVC No.346/2012, whereby a compensation of Rs.1,07,380/- has been awarded with interest at the rate of 6% per annum subject to a usual condition of depositing 50% thereof in a Nationalised Bank for a period of one year.
Having heard the learned counsel for the parties and having perused the appeal papers, this Court awards a global compensation of Rs.1,50,000/- (Rupees one lakh fifty thousand) only without any interest because: (a) for the accident year 2010, the Lok Adalat Income Chart prescribes a monthly income of Rs.5,000/-
Procedural History
Claim petition MVC No.346/2012 was filed before Addl. MACT, Channapattana, which awarded compensation on 07.10.2013. Aggrieved, the claimant filed MFA No.2069/2014 before the High Court of Karnataka.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
