Partly allowed

Shivaraj S/O Basavaraju v. the United India Insurance Co. Ltd.

Karnataka HC13 Aug 2012MFA/1389/2012

Case brief

AI extract

What is this about?

This is an appeal against a motor accident compensation award. The High Court enhanced the compensation awarded to the claimant for pain, suffering, and future earning loss, directing the insurer to deposit the additional amount.

What did the court decide?

Entitlement for Rs.55,000 over and above the awarded amount with 6% interest; Insurer to deposit within three months.

Shivaraj S/O Basavaraju Vs the United India… — 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 13TH 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.1389 OF 2012(MV)

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BETWEEN :

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SHIVARAJ S/O BASAVARAJU 31 YEARS, KYATANAHALLI VILLAGE, KUNDUR HOBLI, ALUR TALUK, HASSAN.

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PRESENT ADDRESS: RAYARA KOPPALU ALUR TALUK, HASSAN

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...APPELLANT

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( By Sri. GIRISH B BALADARE, ADV )

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AND :

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1 THE UNITED INDIA INSURANCE CO LTD NO.10:4, MITRA TOWER, KASTURBA ROAD, BANGALORE

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R/BY THE UNITED INDIA INSURANCE COMPANY LTD, VENKATESHWARA BUILDING, B.M.ROAD, HASSAN-573 201

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2 K SHODAN KUMAR OWNER M.S.SAGAR SHIPPING SERVICE

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NO.137, 3RD D MAIN, 3RD BLOCK, HRB LAYOUT, SANTHAMAN TOWN ROAD, BANGALORE-560001 ...RESPONDENTS

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( By Sri. JWALA KUMAR, ADV FOR R1 )

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.12.2011 PASSED IN MVC NO.615/2011 BY THE ADDITIONAL MACT, HASSAN, 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 Fast Track Court No.I and Addl. MACT, Hassan in MVC No.615/2011.

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On 28.2.2011 around 8.30 in the morning, when the claimant

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was going to Dharmasthala along with his friend as a pillion rider on a motorcycle bearing No.KA13 Q 2338, near Shiradi gate road on NH 48, a lorry bearing No.KA53 1292 came from opposite direction in a

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negligent manner and dashed against the motorcycle due to which, he sustained grievous injuries. He was treated at Government Hospital, Hassan and later at CSI Memorial Hospital, Hassan. The Tribunal, having held that accident was due to the negligence of the driver of the lorry in question, has awarded a total compensation of Rs.1,08,000/- on the following heads:

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Pain, injuries and sufferings Rs.	15,000/-
Medical expenses Rs.	20,000/-
Loss of future earning Rs.	65,000/-
Conveyance and nourishment Rs.	4,000/-
Loss of earning during laid up period Rs.	2,000/-
Medical attendant Rs.	2,000/-

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Being not satisfied, this appeal is filed.

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Heard.

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Claimant has sustained fracture of the right humerus and

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there is said to be restricted movement of the right shoulder. The disability is assessed at 35% to the right upper limb. Claimant was

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aged about 30 years as on the date of accident and was an agriculturist earning Rs.10,000/- per month. Having regard to the nature of injury sustained, claimant could be awarded another Rs.10,000/- on the head pain and suffering; another Rs.20,000/- on the head loss of amenities and enjoyment in life; another Rs.10,000/- on incidental expenses and loss of earning during laid up period; another Rs.5,000/- towards medical expenses and another Rs.10,000/- towards loss of future earning. Thus, claimant would be entitled for Rs.55,000/- 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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Sri.Jwala Kumar, learned counsel, is permitted to file his

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vakalath within four weeks from today.

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Bkp

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Sd/JUDGE

Shivaraj S/O Basavaraju v. the United India Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Shivaraj S/O Basavaraju v. the United India Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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