Partly allowed

Sri v. Shakthivel @ Shakthivelu v Sri Munivenkatappa

Karnataka HC2 Aug 2012MFA/63/2012

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award totaling Rs.1,83,425 for injuries sustained in a scooter accident, the High Court allowed the appeal in part. The court directed the insurer to deposit an additional Rs.45,000 with 6% interest.

What did the court decide?

Additional compensation of Rs.45,000 with 6% interest granted; insurer to deposit the amount.

Sri v Shakthivel @ Shakthivelu Vs Sri Munivenkatappa — 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 2^nd 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 63 / 2012 (MV)

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Between:

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Sri V Shakthivel @ Shakthivelu 22 yrs, S/o Veerappan R/a # 234/A, I Main, 5^th Cross New Thippasandra, Bangalore

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Appellant

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(By Sri R Krishna Reddy, Adv.)

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And:

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1 Sri Munivenkatappa S/o Hanumappa R/a # 1048, Puttappa Layout New Thippasandra, Bangalore 75

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2 Oriental Insurance Company Ltd D O 11, # 663, I Floor, 1^st Main Defence Colony, 100 ft. Road Indiranagar I Stage, Bangalore 38 By its Divisional Manager

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Respondents

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(By Sri M Narayanappa, Adv. For R2)

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First Appeal is filed under S.173(1) of the Motor Vehicles Act praying to modify the award dated 22.9.2011 in MVC 6642/2009 by the MACT, Bangalore.

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First Appeal coming on for Admission this day, Court delivered the following:

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JUDGMENT

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Claimant is in appeal against the award passed by the MACT, Bangalore in MVC 6642/2009 on 22.9.2011.

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On 19.8.2009, around 8.00 a.m., claimant was crossing the New Thippasandra Raod in front of Sowbhagya Apartments. At that time, a scooter bearing No. KA 03 S 7498 came in a negligent manner and dashed against the claimant who sustained grievous injuries and was immediately shifted to Chinmaya Hospital. The claimant has sustained fracture of both the bones of right leg as per the X Ray, underwent surgery and internal fixation was done. The Tribunal, on the claim petition, having held that the accident was due to the negligence of the rider of the scooter in question, awarded total compensation of Rs.1,83,425/- with 6% interest on the following heads:

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Pain & suffering Rs.25,000/Medicinecharges Rs.1,745/Nourishment & attendant charges Rs.15,000/-

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Loss of amenities Rs.15,000/-
Loss of income during treatment Rs.8,000/-
Loss of future income Rs.1,03,680/-
Future medical expenses Rs.15,000/-

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Not satisfied with the quantum of compensation, this appeal by the claimant.

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Heard the counsel representing the parties.

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Having regard to the nature of injuries suffered, in my opinion, claimant could be awarded another Rs.15,000/- towards medical expenses; Rs.10,000/- towards loss of amenities and enjoyment in life; Rs.5,000/towards pain and suffering and taking the income on a little higher side, another Rs.15,000/- towards loss of future earning due to disability. Thus, the claimant would be entitled to Rs.45,000/- 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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Appeal is allowed in part.

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Sd/-

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Judge

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Sri v. Shakthivel @ Shakthivelu v Sri Munivenkatappa

Case brief

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Sri v. Shakthivel @ Shakthivelu v Sri Munivenkatappa

Case brief

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