Partly allowed

Somashekhara v. T Kumara

Karnataka HC13 Aug 2012MFA/433/2012

Case brief

AI extract

What is this about?

The High Court allowed the two miscellaneous first appeals partly, enhancing the compensation awarded by the Tribunal for two claimants injured in a common motor accident, considering severity of injuries, disability, and incidental expenses, directing insurers to deposit amounts with interest.

What did the court decide?

Appeals allowed in part; compensation enhanced from Rs.37,200/- to Rs.52,200/- and Rs.1,12,400/- to Rs.1,47,400/- respectively with 6% interest.

Somashekhara Vs T Kumara — 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 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 NOS.433 OF 2012 C/W 442 OF 2012(MV)

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BETWEEN :

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SOMASHEKHARA, 23 YEARS, S/O SHIVASHANKARAPPA R/O THADAKALURU VILLAGE, SIRA TALUK, AT PRESENT R/O HIRIYUR TOWN-572143 CHITRADURGA DISTRICT

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...APPELLANT IN MFA NO.433/2012

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HANUMANTHAPPA, 62 YEARS S/O SANJEEVAPPA, AGRICULTURIST, R/O CHILLAHALLY VILLAGE-572143 CHITRADURGA DISTRICT

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...APPELLANT IN MFA NO.442/2012

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( By Sri. PATEL D KAREGOWDA, ADV )

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AND :

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1 T KUMARA S/O K THIMMAIAH OWNER OF MOTOR CYCLE

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R/O CHALLAMADU VILLAGE-572143 HIRIYUR TK, CHITRADURGA DISTRICT

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2 THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD NO.1 & 2, I FLOOR, MAGANUR COMMERCIAL COMPLEX, B.D.ROAD, CHITRADURGA-577501 ...COMMON RESPONDENTS

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( By Sri. D S SRIDHAR, 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 23.9.2011 PASSED IN MVC NOS.80/2009 AND 113/2009 RESPECTIVELY BY THE ADDITIONAL MACT, HIRIYUR, SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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These two appeals have been taken together for disposal as they arise out of common accident, as against the common judgment and

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award passed by the Senior Civil Judge and Addl. MACT, Hiriyur in MVC Nos.80/2009 and 113/2009 respectively dated 23.9.2011.

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The Tribunal, having held that the accident was due to the negligence on the part of the rider of the motorcycle bearing No.KA 16 K 5396, who dashed against the claimants in MVC Nos.80/2009

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and 113/2009 respectively, when they were proceeding near Mahalingappa's land on the left side of Chillahally road of Hiriyur taluk on 1.12.2008 around 6.15 p.m, has awarded a compensation of

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Rs.37,200/- and 1,12,400/- respectively on the following heads:

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In MVC No.80/2009:

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Pain and sufferings	Rs. 27,000/-
Attendant charges	Rs. 1,200/-
Medical expenses	Rs. 4,000/-
Loss of earning during treatment period	Rs. 5,000/-

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In MVC No.113/2009:

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Pain and sufferings	Rs. 43,000/-
Attendant charges	Rs. 3,000/-
Medical expenses	Rs. 10,000/-
Loss of earning during treatment period	Rs. 6,000/-
Loss of earning due to disability	Rs. 50,400/-

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Being not satisfied, these appeals are filed.

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Heard.

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In MVC No.80/2009, Doctor has not been examined.

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Claimant is said to have suffered undisplaced fracture of distal end of radius and fracture of 2^nd metacarpal. He was treated at Government Hospital, Hiriyur. Having regard to the nature of injury sustained, claimant would be awarded another Rs.15,000/- 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 earning during the laid up period and incidental expenses.

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In MVC No.113/2009, claimant has sustained fracture of

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distal 1/3^rd of left humerus and comminuted fracture 1/3^rd of left ulna and fracture of junction of middle 1/3^rd of radius. Doctor has been examined in this regard and he has deposed that there is disability of 20%. Claimant would be entitled for another Rs.25,000/- towards loss of amenities and enjoyment in life and another Rs.10,000/- towards

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loss of income and incidental charges. Thus, claimant would be entitled for Rs.35,000/- 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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Accordingly, appeals are allowed in part.

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Sd/JUDGE

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Bkp

Somashekhara v. T Kumara

Case brief

What is this about?

What did the court decide?

Somashekhara v. T Kumara

Case brief

What is this about?

What did the court decide?

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