Partly allowed

Jayappa v. P Basavaraja

Karnataka HC8 Aug 2012MFA/1147/2012

Case brief

AI extract

What is this about?

In this First Appeal, the High Court allowed the appellant's claim for enhancement of compensation arising from a 2009 motor accident. The court held that deducting one-third from medical expenses was improper and awarded additional amounts for future loss of earnings, amenities, future medical needs, and income loss during treatment.

What did the court decide?

Additional total of Rs.83,000/- awarded over the existing award, excluding Rs.15,000/- for future medical expenses, with 6% interest and deposit within three months.

Jayappa Vs P Basavaraja — Motor Accident Claims | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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Dated this the 8^th day of August, 2012

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Before

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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Miscellaneous First Appeal 1147 / 2012 (MV)

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Between:

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Jayappa S/o Sanna Dyamappa 37 yrs,Agriculturist R/o Chikkabennur, Chitradurga Appellant

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(By Sri R Shashidhara, Adv.)

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And:

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1 P Basavaraja S/o Puttappa R/o Chikkabennur, Chitradurga

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2 Divisional Manager United India Insurance Co Ltd D O: MMK Complex P J Extension, Davangere Respondents

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(By Sri A N Krishnaswamy, Adv. For R2)

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First Appeal is filed under S.173(1) of the Motor Vehicles Act praying to modify the award dated 26.9.2011 in MVC 391/2009 by the Addl. MACT, Chitradurga.

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First Appeal coming on for Orders this day, Court delivered the following:

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JUDGMENT

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Appeal is by the claimant for enhancement of compensation as against the award passed by the Addl. MACT, Chitradurga in MVC 391/2009 on 26.9.2011.

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The accident occurred on 21.9.2009. Claimant was traveling as a pillion rider in the vehicle bearing No.KA 16 R 7814 from Chikkabennur to Ch.itradurga and when they came near Sirigeri Circle on NH 4 around 9.30 a.m., the driver of the goods auto bearing No.KA 16 A 7123 dashed against the motorcycle in a negligent manner due to which claimant fell down and sustained grievous injuries. The claimant has taken treatment at K Hospital, Manipal and spent about Rs.50,000/- towards medical expenses and also suffered disability because of the grievous injuries. In the claim petition filed, Tribunal having held that accident was due to the negligence of the driver of the goods auto in question, awarded compensation of Rs.1,78,900/- under the following heads::

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Pain & agony	Rs.50,000/-
Medical Expenses	Rs.44,500/-
Future loss of income	Rs.38,400/-
Loss of Income	Rs.6,000/-
Loss of amenities	Rs.20,000/-
Conveyance & attendant charges	Rs.20,000/-

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Not satisfied with the quantum of compensation, claimant is before this Court.

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Heard the counsel representing the parties.

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Claimant has sustained fracture of the lower end of radius of left forearm and sub luxation of the distal radio Ulna joint and fracture of the right patella and other two simple injuries on the right and left hand. The disability is assessed at 25% to the left upper limb and 20% to the right lower limb and he was in patient for nearly one month.

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The accident is of the year 2009. Taking the income around Rs.4,500/-, the disability at 10% to the whole body, Tribunal has awarded

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Rs.44,500/- after deducting 1/3^rd towards loss of earnings. The deduction is improper. The claimant is entitled for another Rs.50,000/- towards loss of future earning due to disability; another Rs.10,000/- towards loss of amenities and enjoyment in life; Rs.15,000/- towards future medical expenses to remove the insertions and Rs.8,000/- towards loss of income during treatment period. Thus, claimant would be entitled to Rs.83,000/over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit except on Rs.15,000/- awarded towards future medical expenses. Insurer to deposit the amount in three months.

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Appeal is allowed in part.

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Sd/Judge

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Jayappa v. P Basavaraja

Case brief

What is this about?

What did the court decide?

Jayappa v. P Basavaraja

Case brief

What is this about?

What did the court decide?

What the court decided

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