Partly allowed

S M Suresh v. the Manager

Karnataka HC2 Aug 2012MFA/368/2012

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court of Karnataka allowed the claimant's appeal partly. The court enhanced the compensation awarded in the lower tribunal, specified increased amounts on specific heads, and held that interest would be payable on the enhanced amount with a six-month time limit for deposit by the insurer.

What did the court decide?

Enhancement of compensation ordered with an additional sum of Rs.70,000; insurer directed to deposit within three months.

S M Suresh Vs the Manager — 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 2ND DAY OF AUGUST, 2012

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BEFORE

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THE HON’BLE MR.JUSTICE HULUVADI G RAMESH MISCELLANEOUS FIRST APPEAL NO.368 OF 2012 (MV)

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BETWEEN:

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S M SURESH AGED ABOUT 31 YEARS S/O MANJEGOWDA SATHENAHALLI VILLAGE SANTHIGRAMA HOBLI HASSAN TALUK HASSAN DISTRICT – 573 201. ...APPELLANT

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(BY SRI: GIRISH B BALADARE, ADVOCATE)

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AND:

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THE MANAGER THE ORIENTAL INSURANCE CO LTD 1ST FLOOR, S S COMPLEX SUBHASH CHOWK, HASSAN – 573 201.

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H HANUMANTHEGOWDA AGED ABOUT 42 YEARS S/O LATE HAVALEGOWDA HOUSE NO.490, NISARGA NILAYA NEAR DENTAL COLLEGE VIDYA NAGARA, HASSAN – 573 201 ...RESPONDENTS

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(BY SRI: A G SHIVANANDA AND SMT.HARINI SHIVANANDA, ADVOCATES FOR R-1, NOTICE TO R-2 IS DISPENSED WITH VIDE ORDER DATED 16.3.2012)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.4.2011 PASSED IN MVC NO.1552/2008 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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J U D G M E N T

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The delay of 112 days in preferring the appeal is condoned. However, the claimant is not entitled to interest for the delay period on the enhanced compensation.

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This appeal by the claimant seeking

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enhancement of compensation is against the award dated 23.4.2011 passed by the Additional Senior Civil Judge and Addl. MACT, Hassan, in MVC No.1552/2008.

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On 18.1.2007 at about 2.30 p.m. when

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the claimant was waiting for Bus along with one

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Mahesh near Halasinahallygate, the rider of the motor cycle bearing registration No.KA-13-Q9979 came in a rash and negligent manner from Shanthigrama side and dashed against him. As a result, the claimant sustained injuries. Immediately he was admitted to Government Hospital, Hassan, and thereafter shifted to St.John's Medical College, Bangalore, where he underwent surgery and took treatment as inpatient for 23 days. The claimant is said to have spent Rs.40,895/towards medical expenses. It is contended that the claimant was an agriculturist and earning Rs.6,000/- per month.

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In the claim petition filed, the Tribunal having held that the accident was due to the rash and negligent driving of the driver of the motor cycle in question, awarded compensation of Rs.1,38,600/- on the following heads.

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Medical expenses		Rs.41,600/-
Pain, injuries sufferings	and	Rs.15,000/-
Loss of future earnings		Rs.61,000/-
Loss of amenities enjoyment in life	and	Rs.10,000/-
Conveyance, nourishment attendant charges	and	Rs.5,000/-
Loss of income during period of treatment/rest	the	Rs.6,000/-
Total		Rs.1,38,600/-

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Not being satisfied, the claimant is before this Court seeking enhancement of compensation.

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The claimant is said to have sustained fracture of the right knee and leg swelling, tenderness over the calf muscle region, posterior tibial pulse and dorsalis pedis pulsation, & fracture of tibial condyle.

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Heard.

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Having regard to the nature of injuries sustained by the claimant, the claimant is entitled to another sum of Rs.15,000/- towards 'pain and sufferings', another sum of Rs.15,000/- towards 'loss of amenities and enjoyment in life', another sum of Rs.10,000/towards 'conveyance, nourishment and attendant charges' and another sum of Rs.10,000/- towards 'loss of earning during laid-up period'.

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The Doctor has assessed the functional disability at 10% to the whole body and 20% to the limb. The functional disability can be taken around 7% to the whole body. The claimant was aged about 28 years as on the date of accident. Hence, the claimant would be entitled to Rs.81,000/- towards 'loss of future earnings', taking the income of the claimant at Rs.4,500/- per month. Since the Tribunal has

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awarded compensation of Rs.61,000/- towards 'loss of future earnings', the claimant is

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entitled to additional compensation of Rs.20,000/- towards 'loss of future earnings'. Therefore, the claimant is entitled to compensation of Rs.70,000/- over and above the compensation awarded by the Tribunal with 6% interest from the date of petition till the date of deposit.

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Accordingly, the appeal is partly allowed. The Insurer to deposit the amount within three months from the date of receipt of a copy of this order.

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Sd/JUDGE

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S M Suresh v. the Manager

Case brief

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What did the court decide?

S M Suresh v. the Manager

Case brief

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What did the court decide?

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