A motor vehicle accident first appeal seeking enhancement of compensation was allowed in part by the High Court of Karnataka, awarding additional Rs.80,000 with interest.
Awarded additional compensation of Rs.80,000 over the Tribunal's award, with Rs.70,000 carrying interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1ST DAY OF AUGUST, 2012
BEFORE
THE HON’BLE MR.JUSTICE HULUVADI G RAMESH MISCELLANEOUS FIRST APPEAL NO.3361 OF 2012 (MV)
BETWEEN:
MOHAN KUMAR S/O INDRAKUMAR AGED ABOUT 36 YEARS R/AT SHANTHIGARAMA VILLAGE AND HOBLI HASSAN TALUK HASSAN DISTRICT. ...PETITIONER (BY SRI: KAVITHA H C, ADVOCATE)
AND:
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE
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JUDGMENT AND AWARD DATED 19.2.2011 PASSED IN MVC NO.927/2005 ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN.) AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Accepting the cause shown, the delay of 313 days in filing the appeal is condoned.
However, the claimant is not entitled to interest for the delay period.
claimant was waiting for the Bus near the old Bus Stand Cross Road, Shanthi Grama, at that
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time, a Maruthi Car bearing No.KA-04-N-7474
came from Hassan side in a rash and negligent manner and dashed against the claimant. As a result, the claimant sustained injuries to his both legs, head, forehead, face, nose and other parts of the body. He was admitted to S.C.Hospital, Hassan, and later was shifted to Sanjay Gandhi Hospital, Bangalore, for further
treatment. He was also treated at Shekar Hospital. He was treated as in-patient for nearly 20 days and was also kept in Intensive Care Unit. He is said to have spent Rs.2/lakh towards medical expenses and Rs.50,000/-
towards transport, diet and conveyance.
Tribunal having held that the accident was due to the rash and negligent driving of the driver of the Maruthi Car in question, has awarded compensation of Rs.2,77,800/- on the following heads.
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| Medical expenses | Rs.1,35,000/- | |
|---|---|---|
| Pain, injuries sufferings |
and | Rs. 20,000/- |
| Loss of future earnings | Rs. 91,800/- | |
| Loss of amenities enjoyment in life |
and | Rs. 20,000/- |
| Conveyance, nourishment attendant charges |
and | Rs. 5,000/- |
| Loss of earnings during | the | Rs. 6,000/- |
| period of treatment and | rest | |
| Total | Rs.2,77,800/- |
fractures, that is comminuted fracture of both the bones of right leg and left leg and blunt injury over the chest. The claimant is said to have undergone surgery and implants are inserted. The Doctor has assessed the
disability at 25% to the whole body.
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Rs.91,800/- towards 'loss of future earnings'.
The accident is of the year 2005. Having regard to the nature of injuries suffered by the claimant, an additional sum of Rs.20,000/is awarded under 'pain and sufferings'. Another sum of Rs.10,000/- is awarded under 'loss of amenities and enjoyment in life'. Under 'Conveyance, nourishment and attendant charges', another sum of Rs.10,000/- is awarded and under 'loss of earning during laid-up period, another sum of Rs.10,000/- is awarded and another sum of Rs.20,000/- is awarded under 'loss of future earnings', taking the income of
the claimant on the higher side. Another sum of Rs.10,000/- is awarded towards the future medical expenses which shall not carry any interest.
accordingly. The claimant is entitled to compensation of Rs.80,000/- over and above the
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compensation awarded by the Tribunal. Out of enhancement amount of Rs.80,000/-, Rs.70,000/shall carry interest at 6% per annum from the date of petition till the date of deposit.
within three weeks from the date of receipt of a copy of this order.
(Sd/-) JUDGE
KM
1 issue framed by the court
Whether the claimant is entitled to enhancement of compensation.
1 provisions across 1 enactments
Mohan Kumar S/o Indrakumar
N R Vishwanatha S/o N N Raghavendra Rao
The Branch Manager The Bajaj Allianz General Insurance Co.Ltd.
Huluvadi G Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
