Allowed

Ramesh Basappa Nashipudi v. Shabhirkhan S/O. Ambedulla Khan

Karnataka HC21 Jun 2013MFA/20725/2011

Case brief

AI extract

What is this about?

The High Court allowed an appeal for enhancement of compensation in a motor accident case. The Court enhanced the award by Rs. 45,000/- considering pain, suffering, loss of amenities, and pre-existing disability, directing the insurance company to deposit the amount with interest.

What did the court decide?

Enhancement of compensation by Rs. 45,000/- with interest to be deposited by the insurance company within six weeks.

Ramesh Basappa Nashipudi Vs Shabhirkhan… — Contract and Commercial Disputes | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD

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DATED THIS THE 21^ST DAY OF JUNE, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE A.S.BOPANNA MFA No.20725/2011 (MV)

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BETWEEN

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SHRI.RAMESH BASAPPA NASHIPUDI, AGE: 27 YEARS, OCC: COMPUTER OPERATOR CUM CLER, NOW NIL, R/O KURANI, TAL: HUKKERI, DIST: BELGAUM.

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... APPELLANT

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(BY SRI.BHARATESH S.ALASANDI, ADV.)

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AND

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SHABHIRKHAN S/O AMBEDULLA KHAN, AGE: MAJOR, OCC: BUSINESS, R/O H-2, II FLOOR, II MAIN, JAIN TEM, V.V.PURAM, BANGALORE, KARNATAKA.

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ORIENTAL INSURANCE CO. LTD., DWARAKA, II FLOOR, 79, UTTAMAR GANDHI SALAI, CHENNAI, TAMIL NADU, THROUGH DIVISIONAL MANAGER, CLUB ROAD, BELGAUM.

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THE REGIONAL MANAGER, NWKRTC, HUBLI, THROUGH DIVISIONAL MANAGER, N.W.K.R.T.C. DIVISION OFFICE, CHIKODI, DISTRICT: BELGAUM.

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THE INTERNAL INSURANCE FUND, N.W.K.R.T.C., REGION OFFICE AT GOKUL ROAD, HUBLI, DIST: DHARWAD.

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... RESPONDENTS

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(BY SRI.S.S.JOSHI, ADV. FOR R2, R1, R3 & R4 ARE SERVED & UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.03.2010, PASSED IN MVC No.1447/2008 ON THE FILE OF THE MACT-IV, AND III ADDL. DISTRICT JUDGE, BELGAUM AT BELGAUM PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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The appellant is before this Court seeking enhancement

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of compensation as against the sum awarded in MVC No.1447/2008.

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The accident having occurred and the nature of injuries suffered by the claimant is not in dispute. The documents relating to the same are marked at Exs.P3, P7 and P14. The doctor was examined as P.W.6. Insofar as the income and the disability, the Tribunal has taken the income as indicated in the salary certificate. Further, 1/3^rd of what

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has been stated by the doctor to the limb has been taken for whole body. To that extent, the Tribunal was justified.

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The nature of injuries suffered by the claimant has

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been detailed in the course of the judgment. From the nature of the injuries and also keeping in view the fact that the claimant had taken long time for recovery, the amount awarded towards ‘pain and suffering’ is on the lower side and as such, a sum of Rs.10,000/- is awarded under the said head. It is seen that no amount is awarded towards ‘loss of amenities’. Keeping in view the fact that the claimant is already suffering from polio and presently his other leg is also affected due to the accident, a sum of Rs.30,000/- is awarded towards ‘loss of amenities’ and ‘discomfort due to disability’. Further to make good the shortfall under other heads, a sum of Rs.5,000/- is awarded.

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Hence, the claimant in all, is entitled to the enhanced compensation of Rs.45,000/- with interest at the same rate as awarded by the Tribunal. The enhanced

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compensation with interest shall be deposited by the insurance company within a period of six weeks form the date of receipt of a copy of this judgment. On deposit, the entire amount shall be disbursed to the claimant.

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In terms of the above, appeal stands disposed of.

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SD/JUDGE

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MBS/-

Ramesh Basappa Nashipudi v. Shabhirkhan S/O. Ambedulla Khan

Case brief

What is this about?

What did the court decide?

Ramesh Basappa Nashipudi v. Shabhirkhan S/O. Ambedulla Khan

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

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Case details

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