Partly allowed

J Manjunath v. Mohammed Jaffar

Karnataka HC17 Aug 2012MFA/1347/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed this miscellaneous first appeal filed by the claimant seeking enhancement of compensation awarded for injuries sustained in a motor vehicle accident. The Court granted additional compensation for pain, suffering, loss of amenities, and treatment expenses while retaining the disability portion from the original award.

What did the court decide?

Additional Rs.54,000 (broken down into specific heads) awarded over the original award, with 6% interest payable by the insurer within three months.

J Manjunath Vs Mohammed Jaffar — 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 17TH 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 NO.1347 OF 2012(MV)

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BETWEEN :

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J MANJUNATH S/O.JAYARAMAPPA 37 YEARS, R/O.MADAKARI NAGAR, CHALLAKERE TALUK, CHITRADURGA ...APPELLANT

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( By Sri. S RAGHAVENDRA, ADV )

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AND :

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1 MOHAMMED JAFFAR S/O.MOHAMMED SAIF MAJOR, OM SHAKTHI SAW MILL PAVAGADA ROAD, CHALLAKERE TALUK CHITRADURGA DISTRICT

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2 THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO LTD BRANCH OFFICE, VIJAYASHREE OPP NANJUNDESHWARA PETROL BUNK UNION PARK, DAVANAGERE ROAD CHITRADURGA ...RESPONDENTS

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( By Sri. S V HEGDE MULKHAND, ADV FOR R2 )

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.01.2012 PASSED IN MVC NO.95/2011 BY THE MACT, CHALLAKERE, SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is by the claimant, seeking enhancement of

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compensation, as against the award passed by the Civil Judge (Sr.Dn.) & MACT, Challakere in MVC No.95/2011.

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Claimant has been awarded compensation of Rs.84,000/-

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towards the injuries sustained in the accident occurred on 5.3.2011

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around 11.30 p.m. due to the negligence of the driver of the Tata Indigo car bearing No.KA 16 A 8591 in which he was traveling, which capsized on the left side of the road. He has sustained fracture of the left femur. In the claim petition filed, the Tribunal, having held that accident was due to the negligence of the driver of the Tata Indigo in question, has awarded the above said compensation on the following

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heads:

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Pain, sufferings, trauma and injuries Rs. 15,000/Medical and incidental expenses Rs. 10,000/Loss of income during treatment period Rs. 3,000/Loss of amenities Rs. 2,000/Loss of future income due to disability Rs. 54,000/-

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Being not satisfied with the compensation awarded, this appeal is filed.

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Heard.

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According to the learned counsel for the appellant, claimant

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was treated at C.G.Hospital, Davanagere and also at Basaveshwara Medical College Hospital and Research Centre, Chitradurga and was inpatient for three months.

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Claimant was aged about 36 years as on the date of accident.

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There is a comminuted fracture of proximal upper 3^rd of the left femur.

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However, claimant could be awarded another Rs.15,000/- on the head pain and suffering; another Rs.20,000/- on the head loss of amenities and enjoyment in life; another Rs.10,000/- towards loss of income during the treatment and another Rs.5,000/- towards diet and conveyance. Though, claimant is not entitled for any amount towards loss of income due to disability, however, the Tribunal has awarded Rs.54,000/- on that head and the same may be taken as compensation towards the disability suffered on account of the fracture. Thus, claimant would be entitled for Rs.50,000/- over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit. 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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Bkp

J Manjunath v. Mohammed Jaffar

Case brief

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J Manjunath v. Mohammed Jaffar

Case brief

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