Partly allowed

Ashwith S/O Bhaskara Suvarna v. Vijith Kumar

Karnataka HC13 Aug 2012MFA/1535/2012

Case brief

AI extract

What is this about?

In this motor accident appeal, the High Court allowed the claimant's petition for enhanced compensation. The court awarded an additional sum for pain and suffering, diet, conveyance, incidental expenses, and loss of amenities, rejecting the claim for future earning loss. The insurer was directed to deposit the enhanced amount within three months.

What did the court decide?

Additional compensation of Rs.38,000 awarded with 6% interest; insurer to deposit within three months.

Ashwith S/O Bhaskara Suvarna Vs Vijith Kumar — Execution and Attachment | 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.1535 OF 2012(MV)

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BETWEEN :

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ASHWITH, S/O BHASKARA SUVARNA 26 YRS, SHABARI KRUPA, MEENAKALIYA, BIAKAMPADY, MANGALORE ...APPELLANT

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( By Sri. KRISHNA MOORTHY D, ADV )

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AND :

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1 VIJITH KUMAR S/O MADAVA PUTRAN 25 YEARS, R/A MANJANA GURIKARA HOUSE, D.NO.1-139, BABY NIVASA, MEENAKALIYA, BAIKAMPADY, MANGALORE

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2 THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD SUNDARAM TOWERS, 46 WHITES ROAD, ROYAPETTAH, CHENNAI-600014 BRANCH OFFICE AT KRISHNA PRASAD BUILDING

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2ND FLOOR, LALBAGH, MANGALORE REPRESENTED BY ITS MANAGER ...RESPONDENTS

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( By Sri. P B RAJU, ADV FOR R2 )

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 5.11.2011 PASSED IN MVC NO.1546/2010 BY THE MEMBER, MACT MANGALORE, D.K. 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 compensation, as against the award passed by the III Addl. Senior

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Civil Judge and MACT, Mangalore, D.K in MVC No.1546/2010.

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On 1.8.2010 around 1.30 p.m., when the claimant was

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proceeding in a Maruti Omni car bearing No.KA 19 Z 6259 along

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with his friend and when they went near Mahindra showroom at

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Kottara Chowki, Mangalore on N.H.17, due to the negligence of the

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driver of the said car, he lost control and dashed the car to a roadside culvert as a result, the vehicle capsized and due to the impact, claimant sustained grievous injuries. He was shifted to A.J. Hospital, Kuntikana and was hospiltalised for 21 days. He was earning Rs.25,000/- per month. The Tribunal, having held that accident was due to the negligence of the driver of the Maruti Omni in question, has

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awarded a total compensation of Rs.2,12,700/- on the following heads:

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Medical expenses	Rs.1,17,500/-
Pain and suffering	Rs. 30,000/-
Amenities	Rs. 30,000/-
Conveyance charges	Rs. 2,000/-
Loss of income during treatment	Rs. 27,000/-
Food, extra nourishment and attendant
charges	Rs. 6,200/-

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Being not satisfied, this appeal is filed.

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Heard

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As per the medical evidence, claimant has sustained fracture

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of left tibia and dislocation of right metatarsal bone. Claimant could be awarded another Rs.10,000/- on the head pain and suffering; another Rs.10,000/- on the head diet, conveyance and attendant charges; another Rs.8,000/- on the head incidental expenses and another Rs.10,000/- towards loss of amenities and enjoyment in life. Having regard to the nature of avocation, claimant is not entitled for any amount towards loss of future earning due to disability. Thus, claimant would be entitled for Rs.38,000/- 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

Ashwith S/O Bhaskara Suvarna v. Vijith Kumar

Case brief

What is this about?

What did the court decide?

Ashwith S/O Bhaskara Suvarna v. Vijith Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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