Partly allowed

Muddappa v. Rajanna K K

Karnataka HC10 Aug 2012MFA/1357/2012

Case brief

AI extract

What is this about?

The High Court allowed a first appeal filed by a motor accident claimant seeking enhancement of compensation. The court modified the Tribunal's award of Rs.20,000 to Rs.75,000 with interest, directing the insurer to deposit the amount within three months.

What did the court decide?

Modification of the Tribunal award increasing compensation to Rs.75,000 with 6% interest from the date of petition to deposit.

Muddappa Vs Rajanna K K — 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 10^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 1357 / 2012 (MV)

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Between:

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Muddappa S/o Muddappa 56 yrs,R/o Halekallahalli Village Chitradurga Appellant

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(By Sri S Raghavendra, Adv.)

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And:

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1 Rajanna K K S/o Kenchappa R/o Krishnapura Village Dharampura Post, Hiriyur Tq

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2 Divisional Manager United India Insurance Co Ltd D.O: Akkamahadevi Road P J Extension, Davangere

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Respondents

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(By Sri D Vijayakumar, Adv. For R2)

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First Appeal is filed under S.173(1) of the Motor Vehicles Act praying to modify the awarddated 23.3.2001 in MVC 853/2010 by the Addl. MACT, Chitradurga.

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

following:

JUDGMENT

This is a claimant's appeal for enhancement of compensation against

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the award passed by the Addl. MACT, Chitradurga in MVC 853/2010 on 23.3.2001.

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On 9.8.2010 claimant was walking on the left side of the road around

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7.00 p.m. On Dharmapura Road, Doddabeeranahalli Village, Challakere Taluk. At that time, a motor cycle bearing No.KA 16 S 7239 dashed against the claimant due to the negligence of the rider. As such, he sustained grievous injuries. In the claim petition, Tribunal having held that the accident was due to the negligence of the rider of the motor cycle, awarded global compensation of Rs.20,000/- with 6% interest. Not satisfied with the award, this appeal.

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Heard the counsel representing the parties.

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Claimant was admitted to Government Hospital, Chitradurga and

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was inpatient for a week. The X Ray was also taken. Claimant was doing

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agricultural work and earning Rs. 6,000/- p.m. As per the wound certificate, he has sustained three injuries out of which, two are simple in nature by way of contusion on the leg and also fracture of the lower end of the left radius of left hand. The doctor has deposed that claimant has suffered disability to the left upper limb.

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Having regard to the nature of injuries suffered, claimant could be awarded Rs.20,000/- towards pain and suffering; Rs.10,000/- towards diet, conveyance and incidental expenses; Rs.20,000/- towards loss of amenities and enjoyment in life; Rs.5,000/- towards loss of earning and Rs.20,000/towards loss of future earning. Thus, claimant would be entitled to Rs.75,000/- in modification of the award of 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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Muddappa v. Rajanna K K

Case brief

What is this about?

What did the court decide?

Muddappa v. Rajanna K K

Case brief

What is this about?

What did the court decide?

What the court decided

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