Partly allowed

Sri M Devaraju v. Sri K B Boraiah

Karnataka HC8 Aug 2012MFA/68/2011

Case brief

AI extract

What is this about?

The High Court allowed the appellant's Miscellaneous First Appeal against the Civil Judge's award in a motor vehicle accident case. The Court enhanced the compensation by approximately Rs. 30,000, considering the medical expenses incurred and specific heads of loss.

What did the court decide?

Compensation enhanced by Rs. 30,000 with 6% interest from the date of the petition till the date of deposit to be paid by the Insurer.

Sri M Devaraju Vs Sri K B Boraiah — Motor Accident Claims | Karnataka HC (2012)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

¶3

DATED THIS THE 8TH DAY OF AUGUST, 2012

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE HULUVADI G RAMESH

¶6

MISCELLANEOUS FIRST APPEAL NO.68 OF 2011 (MV)

¶7

BETWEEN:

¶8

SRI M DEVARAJU S/O LATE M MADAPPA AGED 29 YEARS R/O MANGALA VILLAGE KHILAGATTA VILLAGE, KOPPA HOBLI MANDYA DISTRICT – 571 401. ...APPELLANT (BY SRIYUTHS: R PRAMOD AND K T MOHAN KUMAR, ADVOCATES)

¶9

AND:

¶10

SRI K B BORAIAH S/O SANNABORAIAH MAJOR, R/O KUDURGNDI VILLAGE GEJJALAGERE VILLAGE MADDUR TALUK MANDYA DISTRICT – 571 401.

¶11

THE I.C.I.C.T. LOMBARD INSURANCE CO LTD NO.263, MYTHRI ARCADE KANTHARAJAURS ROAD SARASWATHIPURAM, MYSORE. ...RESPONDENTS

¶12

(BY SRI: B PRADEEP, ADVOCATE FOR R-2, NOTICE TO R-1 IS DISPENSES WITH VIDE ORDER DATED 27.7.2012)

¶13

¶14

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2010 PASSED IN MVC NO.339/2008 ON THE FILE OF CIVIL JUDGE (SR.DN.) AND MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶15

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

¶16

J U D G M E N T

¶17

This appeal by the claimant seeking

¶18

enhancement of compensation is against the award dated 27.10.2010 passed by the Civil Judge (Sr.Dn.) and MACT, Maddur, in MVC No.339/2008.

¶19

On 7.7.2008 at about 7.30 p.m. when the

¶20

claimant was going from Kilaghatta Village towards Haleboodanur on Bajaj Chetak Scooter bearing registration No.KA-05-EB-7361 with his brother and in front of KMF Diary, Gejjalagere, a Tractor and Trailor bearing registration No.KA-11-T-5664-5665 came in a rash and

¶21

¶22

negligent manner from opposite direction on the wrong side of the road and dashed against the scooter of the claimant. As a result, the claimant sustained fracture of ulna of the left forearm. Immediately he was admitted to Sanjo Hospital, Mandya, and was treated for 5 days as inpatient.

¶23

In the claim petition filed, the

¶24

Tribunal having held that the accident was due to the rash and negligent driving of the driver of the Tractor and Trailor in question, awarded compensation of Rs.46,920/- on the following

¶25

heads.

¶26

Pain and suffering	Rs.5,000/-
Medical expenses	Rs.6,000/-
Attendant charges, special diet, etc.	Rs.2,000/-
Loss of amenities of life	Rs.5,000/-
Loss of income during rest	Rs.3,000/-
Loss of future earning capacity (36000184/100)	Rs.25,920/-
Total	Rs.46,920/-

¶27

¶28

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

¶29

Heard.

¶30

As per the medical evidence, the

¶31

claimant is said to have sustained fracture of

¶32

left ulna and spent Rs.20,000/- towards medical expenses. The claimant is entitled to another sum of Rs.15,000/- is awarded towards 'pain and suffering', another sum of Rs.5,000/- towards 'attendant charges and diet expenses', another sum of Rs.5,000/- towards 'loss of amenities and enjoyment in life', another sum of Rs.5,000/- towards 'loss of income during laidup period'. Thus, the claimant is entitled to compensation of Rs.30,000/- over and above the compensation awarded by the Tribunal with 6% interest from the date of petition till the date of deposit.

¶33

¶34

Accordingly, the appeal is partly

¶35

allowed.

¶36

The Insurer to deposit the amount within three months from the date of receipt of a copy of this order.

¶37

Sd/JUDGE

¶38

Sri M Devaraju v. Sri K B Boraiah

Case brief

What is this about?

What did the court decide?

Sri M Devaraju v. Sri K B Boraiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anjaneya Murthy Vs Kenchappa

The Karnataka Chemists & Druggists Assn (R) Vs v Harikrishnan

R a Batavia Vs M/S Elite Bakers Pvt. Ltd.

Jayappa Vs P Basavaraja

Umar Vs Divisional Controller

Smt Sharada Vs Sri Kinnu Moolya S/O Poova Moolya