Partly allowed

Ambadas S/O Nagnath v. Chandrakanth S/O Nagshetty Ors.

Karnataka HC10 Jul 2013MFA/30333/2012

Case brief

AI extract

What is this about?

In an appeal against the judgment of the Motor Accident Claims Tribunal, the High Court permitted an additional award for loss of amenities and marriage prospectus. The Court directed the respondents to deposit Rs.35,000 along with interest at 6% per annum from the date of the claim petition to the date of deposit.

What did the court decide?

An additional sum of Rs.35,000 with interest at 6% per annum from the date of the claim petition till the date of deposit was ordered to be paid by the respondents within eight weeks.

Ambadas S/O Nagnath Vs Chandrakanth S/O… — Contract and Commercial Disputes | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 10^TH DAY OF JULY 2013

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BEFORE

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THE HON’BLE MR.JUSTICE S. ABDUL NAZEER

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MISCELLANEOUS FIRST APPEAL NO.30333/2012 (MV)

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Between:

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Ambadas, S/o Nagnath, Aged about 18 years, Occ;Student, r/o Boral, Tq.Aurad B, Bidar Dist. …. Appellant.

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(By Sri Basavaraj R. Math, Adv.)

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And:

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1 Chandrakanth, S/o Nagshetty, Major, occ; Agriculture and Business, R/o Village Soralli, Aurad Tq., Bidar Dist.

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2 The National Insurance Co. Ltd., Branch Office, Anupam Complex, Basweshwar Chowk, G.G.Road, Bidar.

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3 Maruthi, S/o Nivarti Rao, Major, occ; onwer of the Mahindra Jeep No.KA-38/3423, R/o Ganeshpur, Aurad Tq., Bidar Dist. …. Respondents.

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(By Smt. Preeti Patil, Adv. for R2

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Notice to R1 and R3 dispensed with)

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This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award in MVC No.82/2009 dated 13.7.2011 on the file of the Presiding Officer FTC-I and Addl. MACT at Bidar, etc.

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

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JUDGMENT

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The claimant has filed this appeal challenging the judgment

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and award dated 13.7.2011 in MVC No.82/2009 on the file of the Presiding Officer FTC-I and Addl. MACT, Bidar whereby the Tribunal has awarded total compensation of Rs.1,13,000/- for the injuries sustained by him in the motor vehicle accident occurred on 26.1.2008.

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I have heard the learned Counsel for the parties.

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The contention of the learned Counsel for the appellant is that the claimant was aged 15 years at the time of the accident. He had suffered 20% permanent disability to the whole body on account of the accident. There is a shortening of one inch of his left leg. The disability is of a permanent in nature. The Tribunal has not awarded appropriate compensation towards loss of amenities and towards loss of marriage prospectus.

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On the other hand, learned Counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.

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There is no dispute as to the occurrence of the accident and

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the liability of the respondent-Insurance Company to pay compensation.

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It is clear from the evidence on record that the claimant has suffered 20% permanent disability to the whole body. He was aged

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15 years at the time of the accident. He is engaged in grazing cattle. Having regard to the shortening of one of his legs, he has to suffer throughout his life. The Tribunal has awarded only Rs.20,000/towards loss of amenities. An additional sum of Rs.20,000/- should be awarded under this head. He is also entitled for another sum of Rs.15,000/- towards loss of marriage prospectus. The award of compensation under all other heads is just and proper.

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In the light of the aforesaid discussions, the appellant/claimant is entitled for the following additional compensation:

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Sl.No.	Particulars	Amount
1	Towardsloss ofamenities	Rs.20,000.00
2	Towardsloss of marriage prospectus	Rs.15,000.00
	*TOTAL*	*Rs.35,000.00*

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The claimant is entitled for interest at 6% per annum on the aforesaid sum from the date of the application till the date of deposit.

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In the result, the appeal succeeds and it is accordingly allowed in part. The respondent is directed to deposit a sum of Rs.35,000/- with interest at 6% per annum from the date of the claim petition till the date of deposit. The aforesaid amount shall be deposited within eight weeks from the date of receipt of a copy of this order. The appellant is permitted to withdraw the amount on its deposit. No costs.

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Sd/ - JUDGE.

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BMM/-

Ambadas S/O Nagnath v. Chandrakanth S/O Nagshetty Ors.

Case brief

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Ambadas S/O Nagnath v. Chandrakanth S/O Nagshetty Ors.

Case brief

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