Partly allowed

Gopal S/O Bapu Dhumale @ Bagadi v. N Shivayogi

Karnataka HC2 Jul 2012MFA/21639/2011

Case brief

AI extract

What is this about?

Appeals against an MACT award enhancing compensation under Section 163-A of the Motor Vehicles Act. The High Court modified the award, limiting future loss compensation based on appealed income and adding specific happiness awards, while dismissing the insurer's appeal for full reduction.

What did the court decide?

Compensation modified to reflect proven income of Rs. 1.5 lakh p.a. for conventional heads and awarded Rs. 9,500 for happiness. Claimant appellants appeal allowed in part; insurer appeal dismissed.

Gopal S/O Bapu Dhumale @ Bagadi Vs N Shivayogi — Cheque Dishonour | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD

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DATED THIS THE 02nd DAY OF JULY 2012

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BEFORE

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THE HON’BLE MR.JUSTICE V.JAGANNATHAN

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Miscellaneous First Appeal No.21639/2011

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C/w.

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Miscellaneous First Appeal No.20093/2011 (MV)

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IN M.F.A.No. 21639/2011

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BETWEEN:

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Age: 47 Years, 0cc: Nil,

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1. Gopal S/o Bapu Dhumale @ Bagadi

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R/o: Gavisiddanmaddi, Athani,

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Tal: Athani, Dist: Belgaum.

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Age: 40 years, 0cc: Household Work, Smt.Shobha W/o Gopal Dhumale @ Bagadi, R/o: Gavisiddanmaddi, Athani, Tal : Athani, Dist: Belgaum.

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.APPELLANTS

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(By Sri. Harish S.Maigur, Advocate)

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AND:

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Maharashtra State. Vishramba, Near Police Head Quarters, R/o: C/o: Hanamat Gangappa Teli, Sangli, District Sangli, Mr.N.Shivayogi Age:Major, 0cc: Business, 1.

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National Insurance Co.Ltd., Divisional Office, Ramadev Galli, Belgaum. 2. The Divisional Manager,

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.RESPONDENTS

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(By Sri. Laxman B.Mannodar, Adv.for R2)

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judgment 18/09/2010 enhancement of compensation. passed in petition compensation dated Presiding Officer, Fast Track Court-TI and Addi. and the at Belgaum, partly allowing the Section seeking and award This miscellaneous first appeal is filed under claim 173(1) of the Motor Vehicles Act, against for of the MACT Belgaum, MVC No.2701/2009 on the file

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IN M.F.A.No. 20093/2011

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BETWEEN:

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The Divisional Manager, Now represented by its Administrative Officer, A.P.Kulkarni, National Insurance Co.Ltd, National Insurance Company Ltd. Divisional Office Ramadev Galli, Divisional Office, Belgaum. Ramadev Galli, Belgaum.

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.APPELLANT

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(By Sri. Laxman B Mannoddar, Adv.)

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AND:

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Sri. Gopal Sb Age:46 years, 0cc: Nil, Tq: Athani, Dist: Belgaum.

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1. R/o: Gavisiddanmaddi Athani, Babu Dhumale @ Bagadi,

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Smt.Shobha

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W/o Gopal Dhumale @ Bagadi,

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Age: 39 years, 0cc: House Hold Work,

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Tq: Athani, Dist: Belgaum. R/o: Gavisiddanmacidi Athani,

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Age: Major, 0cc: Business, Maharashtra State. Vishramba, Near Police Head Quarters, Sangali, Dist: Sangali. R/o: C/o: Hanamant Gangappa Teli, Mr.N.Shivayogi,

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.RESPONDENTS

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(By Sri. Harish S Maigur, Adv.for Ri & R2)

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18/09/2010 passed in MVC No.2701/2009 on the interest against judgment compensation Fast Track Court-TI the award dated the rate of 6% p.a., from the date of petition till Section and and Member, Addl.MACT, Belgaum, awarding the the date of realisation. This miscellaneous first appeal is filed under with at 173(1) of the Motor Vehicles Act, 1988, file of the Presiding Officer, of Rs.2,60,000/-

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this day, the Court delivered the following: These appeals are coming on for admission

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JUDGMENT

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These two appeals arise out of one and the same award passed by the MACT.

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enhancement and appeal the Insurance The appeal filed by the claimants is for by 2.

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Company is for reduction of compensation.

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petition was filed under Section the It is not in dispute that the claimants’ 163-A of 3.

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that, submission therefore, compensation be reduced. the ceiling is only Rs.9,500/- as per II schedule, awarding Therefore, company Vehicles made was wrong Motor is in Act. by Sri.Laxman Rs.1.OO lakh under the conventional head when B. Mannodar for insurance MACT

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that happiness increased. account of death of the son of the claimants. hand, Sri.Harish future other deceased at Rs.15,000/- per annum and this requires to be referring the decision in R.K.Malik’s case in Vol.11 (2009) ACC towards and awarded the the Court loss Maigur, learned counsel for the claimant submits doing coolie work. But, MACT has taken income 705 SC) he submits that compensation has to be was aged was Apex of Also on to 4. On 17 years S.

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taking Rs.15,000/annum concerned, in view of the claim petition being filed per income Having thus heard both sides, as far as of is 5.

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conventional proper. towards the after Court decision referred by the learned counsel for Section the the the accident, are concerned, it should have been restricted to wherein the same which comes to Rs.2,09,500/-. as have been entitled but for death of their son in work out to Rs.1,50,000 However, as far as conventional amount is in 163-A of M.V.Act, In view of the Apex my view, the compensation will + Rs.9,500 + Rs.50,000/Rs.9,500/happiness for which the claimants, which would under claimants, consideration having not taken the loss of future respect of 163-A of the Act. heads court, mentioned in the Schedule to the M.V.Act and in

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and accordingly the company award modified filed The is allowed in part and that filed by the 6. is by insurance claimants is dismissed. amount appeal

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C”

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The amount in deposit iay be

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transferred to MACT.

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JUDGE

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Pst/

Gopal S/O Bapu Dhumale @ Bagadi v. N Shivayogi

Case brief

What is this about?

What did the court decide?

Gopal S/O Bapu Dhumale @ Bagadi v. N Shivayogi

Case brief

What is this about?

What did the court decide?

What the court decided

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