Allowed

Sharanappa S/O Hemareddy Besatti v. Sadiq Ahemad S/O Busheer Ahemad Khajiand Anr.

Karnataka HC2 Aug 2014MFA/32528/2013

Case brief

AI extract

What is this about?

In a Motor Vehicles Act appeal, the High Court enhanced compensation by applying a notional monthly income of Rs.4,500 for an agriculturist appellant, granting additional damages for loss of future earning capacity.

What did the court decide?

Additional compensation of Rs.72,000/- towards loss of future earning capacity with interest at 6% per annum from the date of claim.

Sharanappa S/O Hemareddy Besatti Vs Sadiq Ahemad S/O… — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH

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DATED THIS THE 2^ND DAY OF AUGUST, 2014

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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MISCELLANEOUS FIRST APPEAL NO.32528/2013 (MV)

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BETWEEN:

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Sharanappa S/o Hemareddy Besatti Age: 38 years, Occupation: Agriculture And Owner of Mini Lorry and doing Business, R/o Heerapur village Taluka and District: Raichur – 584 101.

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… APPELLANT

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(Shri Basavaraj R. Math, Advocate)

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AND:

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Sadiq Abhemad S/o Basheer Ahemad Khaji Age: Major, Occupation: Business and Owner of Lorry KA 25/C-928, R/o Kalameshwar Nagar, Old Hubli, District: Dharwad – 580 024.

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The Manager, Shriram General Insurance Company Limited Raichur – 584 101.

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… RESPONDENTS

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(Shri Sudarshan M. Advocate for respondent No.2 Notice to respondent No.1 is dispensed with vide order dated 12.02.2014)

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This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 27.04.2011 passed in MVC No.539/2010 on the file of the Member Motor Accident Claims Tribunal and Fast Track Court-I at Raichur, partly allowing the claim petition 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 appeal coming on for admission is admitted and

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considered for final disposal, since the appeal is filed on a limited ground as regards the nominal notional income that has been adopted to calculate the compensation towards loss of future earning capacity.

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The motor accident in which the appellant was involved

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was of the year 2010 and he was an agriculturist by avocation. Therefore, the amount adopted as the notional income is on the lower side and having regard to the large number of cases

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where the notional income in such cases has been taken at Rs.4,500 to Rs.5,000/-, it is appropriate if a sum of Rs.4,500/- is applied as the notional monthly income of the appellant in calculating the loss of future income. Though nominal amounts have been awarded under other conventional heads, the same are confirmed. The appellant would thus be entitled to an additional compensation of Rs.72,000/- towards loss of future earning capacity, which shall carry interest at the rate of 6% per annum, from the date of claim till the date of payment.

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The appeal is allowed in terms as above.

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Sd/JUDGE

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swk

Sharanappa S/O Hemareddy Besatti v. Sadiq Ahemad S/O Busheer Ahemad Khajiand Anr.

Case brief

What is this about?

What did the court decide?

Sharanappa S/O Hemareddy Besatti v. Sadiq Ahemad S/O Busheer Ahemad Khajiand Anr.

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

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