Partly allowed

Vayyapuri v. the Divisional Manager

Karnataka HC29 Jan 2014MFA/1998/2011

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the MFA filed by a motor accident claimant in part, enhancing compensation by Rs. 35,000/- considering disability and incidental expenses, while denying interest on the enhanced amount for 365 days of delay.

What did the court decide?

Enhancement of compensation by Rs. 35,000/-; interest on enhanced amount for 365 days denied; deposit within three months.

Vayyapuri Vs the Divisional Manager — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 29^th DAY OF JANUARY 2014

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BEFORE

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THE HON’BLE MR.JUSTICE HULUVADI G. RAMESH

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M.F.A.No.1998 / 2011 (MV)

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BETWEEN :

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Vayyapuri s/o late Muthu, aged 40 years, R/at No.44, Metalli Post, Pallimedu, Kollegala Taluk, Chamarajanagara Dist.

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.. Appellant

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( By Smt.Kavitha H.C., Advocate )

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AND :

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The Divisional Manager, The National Insurance Co.Ltd., Divisional Office-2, No.64, Lalbagh Road, Bangalore.

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Vijaya Kumar P. Major, S/o Prkash K.S. R/at No.126, 18^th Cross, Bendre Nagara, Bangalore.

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.. Respondents

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( By Sri Shivaraj Patil, Advocate for R-1 )

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This MFA is filed under Section 173(1) of M.V.Act against the judgment and award dated 14.12.2009 passed in MVC.No.2008/2008 on the file of MACT (SCCH-5), Bangalore, seeking enhancement of compensation.

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This Appeal coming on for orders this day, the Court delivered the following :

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JUDGMENT

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This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the

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Small Causes Court & MACT-V, Bangalore City, in MVC.No.2008/2008, dated 14^th December 2009.

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It is the case of the claimant that on 9.11.2007 at about 2.45 p.m. when he was proceeding as a pillion rider on TVS motorcycle in Kanakapura town, near Anjaneyaswamy temple, M.G.Road, Ambedkarnagar, a car bearing registration No.KA-05ME-8443 came in a rash and negligent manner and dashed against the motorcycle due to which, he fell down and sustained grievous injuries. Immediately, h was shifted to Kanaka Hospital and thereafter to Kempegowda Hospital. As such, claimant filed claim petition before the Tribunal seeking compensation.

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On the matter being contested by the respondentinsurer, the Tribunal raising as many as three issues, after

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enquiry, holding that the accident was due to negligence on the part of the driver of the car in question, awarded total compensation of Rs.1,90,500/- with 6% interest under the following heads:

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Pain and agony : Rs.40,000/2. medical expenses : Rs.50,500/3. loss of income : Rs.18,000/4. loss of future income : Rs.54,000/5. future medical expenses : Rs. 8,000/6. loss of amenities & unhappiness : Rs.20,000/-

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-------------------------Total Rs.1,90,500/-

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Being not satisfied, the claimant/appellant is before this

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Court seeking enhancement of compensation.

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Heard the learned counsel representing the parties.

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As per the wound certificate, claimant is stated to have

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sustained fracture of left femur and lacerated wound over left temporal region and tenderness over left thigh. The doctor has assessed 21.65% disability to the whole body. The learned counsel for the insurer submitted that the doctor has assessed the disability taking into consideration the medical records.

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However, the Tribunal has taken the disability at 10% to the whole body which is just and proper.

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Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs.15,000/- towards loss of future earning due to disability, Rs.10,000/- towards loss of amenities and Rs.10,000/- towards incidental expenses. Thus, in all the claimant is entitled to compensation of Rs.35,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The insurer to deposit the amount within three months.

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Appeal is allowed in part accordingly.

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The claimant is not entitled for interest on the enhanced amount for the delay period of 365 days.

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Sd/JUDGE

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bk/

Vayyapuri v. the Divisional Manager

Case brief

What is this about?

What did the court decide?

Vayyapuri v. the Divisional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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