Partly allowed

Ningamma v. P Govindarajan

Karnataka HC9 Aug 2012MFA/1635/2012

Case brief

AI extract

What is this about?

The Karnataka High Court allowed two miscellaneous first appeals for enhancement of compensation under the Motor Vehicles Act. The court awarded additional sums of Rs. 30,000 and Rs. 35,000 respectively for loss of amenities, future earning capacity, and incidental expenses over and above the tribunal awards.

What did the court decide?

Awarded Rs. 30,000 for claimant in MFA No.1635/2012 and Rs. 35,000 for claimant in MFA No.1636/2012 with 6% interest.

Ningamma Vs P Govindarajan — Medical Negligence | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 09TH 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 NOS.1635 OF 2012 C/W 1636 OF 2012(MV)

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BETWEEN :

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NINGAMMA, 65 YRS W/O LATE MADRALLI MARIGOWDA R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT

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...APPELLANT IN MFA NO.1635/2012

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SHIVANNA, 55 YRS S/O P N LAKSHMAIAH R/O PALAHALLI VILLAGE BELAGOLA HOBLI, SRIRANGAPATNA TALUK MANDYA DIST

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...APPELLANT IN MFA NO.1636/2012

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( By Sri. M Y SREENIVASAN, ADV )

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AND :

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1 P GOVINDARAJAN S/O V PALANISAMY, MAJOR R/O VIJAYA TRAVELS NO.149/1-D, INDIRA NAGAR VEERAPADI, PALADYAM ROAD TIRUPURA-1, TAMILNADU STATE

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2 ORIENTAL INSURANCE CO LTD A A COMPLEX 1ST FLOOR NO.159, KUMARAN ROAD TIRUPURA-1, TAMILNADU

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...COMMON RESPONDENTS

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( By Sri. V NARAYANA SWAMY, ADV FOR R2 )

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THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.8.2011 PASSED IN MVC NOS.1081/2007 AND 1082/2007 RESPECTIVELY, BY THE MACT, SRIRANGAPATNA, SEEKING ENHANCEMENT OF COMPENSATION.

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THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Delay of 83 days in preferring the appeals is condoned subject

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to the condition that claimants are not entitled for interest for the delay period, on the enhanced amount of compensation. Both I.As.1/2012 are allowed.

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These two appeals have been preferred by the claimants, seeking enhancement of compensation, as against the award passed by the Civil Judge (Sr.Dn.) and MACT, Srirangapatna in MVC Nos.1081/2007 and 1082/2007 respectively.

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These two claimants along with others, have sustained

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grievous injuries in the accident occurred on 3.4.2006 around 11.00 a.m. when they were travelling in a luxury bus bearing No.TN 39 AC 3999 from Ranibennur towards Haveri side near Kadammanahalli cross, due to the negligence of the driver of the said bus who, in order to avoid the on coming vehicle, lost control over the bus and the bus fell into a 6 feet ditch. The claimants were treated at Government Hospital, Haveri and thereafter at Srirangapatna Government

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Hospital. They have spent Rs.50,000/- and Rs.25,000/- respectively towards medical expenses and were said to be selling provisions and doing milk vending respectively. The Tribunal, after enquiry, has awarded Rs.65,900/- in MVC No.1081/2007 and Rs.25,000/- in MVC No.1082/2007. Being not satisfied, the claimants are before this Court for enhancement.

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Heard.

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In MFA 1635/2012, claimant has sustained fracture of right

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humerus. As per the medical evidence, there is 25% disability to the particular limb and the Tribunal has taken it as 8% to the whole body. However, claimant could be awarded another Rs.20,000/- towards loss of amenities and enjoyment in life; another Rs.5,000/- towards loss of income during the laid up period and another Rs.5,000/- towards incidental expenses. Thus, claimant in MFA No.1635/2012 would be entitled for Rs.30,000/- over and above what has been awarded by the

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Tribunal with 6% interest from the date of petition till deposit.

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In MFA No.1636/2012, claimant has sustained fracture of lower hand bone. The disability is assessed at 20% to the particular

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limb. However, claimant would be awarded another Rs.35,000/- over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit, which is towards loss of future earning capacity, loss of amenities and also incidental expenses. Insurer to deposit the amount in three months in both the appeals.

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Appeals are allowed in part.

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Sd/JUDGE

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Bkp

Ningamma v. P Govindarajan

Case brief

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What did the court decide?

Ningamma v. P Govindarajan

Case brief

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