Partly allowed

Manjunath v. Sidappa @ Revanasiddappa

Karnataka HC10 Jun 2015MFA/1056/2013

Case brief

AI extract

What is this about?

The Miscellaneous First Appeal against the Motor Accident Claims Tribunal's judgment sought enhancement of compensation for loss of future earnings and loss of income during the treatment period. The Court allowed the appeal in part, increasing compensation by Rs.24,600.

What did the court decide?

Appellant entitled to additional compensation of Rs.24,600 with interest at 9% p.a. from the date of petition.

Manjunath Vs Sidappa @ Revanasiddappa — Motor Accident Claims | Karnataka HC (2015)

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MFA 1056/2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2015

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BEFORE

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.1056 OF 2013 (MV)

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BETWEEN:

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MANJUNATH S/O YALLAPPA AGED ABOUT 25 YEARS R/O HANAGAWADI VILLAGE HARIHAR TALUK DAVANAGERE DISTRICT – 581 101.

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... APPELLANT

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(BY SRI: MAHESH R UPPIN, ADV)

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AND:

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SIDAPPA @ REVANASIDDAPPA S/O ERAPPA AGED ABOUT 33 YEARS DRIVER OF SWARAJ MAZDA LORRY BEARING REG NO.KA.16/6568 R/O HIREBIDARI VILLAGE RANEBENNUR TALUK HAVERI DISTRICT – 581 101.

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RAJAPPAGOWDA S/O MUDIGOWDA PATIL

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MFA 1056/2013

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AGED ABOUT 40 YEARS OWNER OF SWARAJ MAZDA LORRY BEARING REG NO KA.16/6568 RANEBENNUR TALUK HAVERI DISTRICT – 581 101.

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THE MANAGER SHRIRAMA GENERAL INSURANCE CO LTD. E/8, EPIP, RLLCO INDUSTRIAL AREA SITAPURA, JAIPUR RAJASTHAN – 302 022.

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... RESPONDENTS

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(BY SRI: B.PRADEEP, ADV FOR R3, R1 & 2 NOTICE DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.08.2012 PASSED IN MVC NO.180/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR FURTHER ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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On the ground that the compensation towards

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loss of income during the laid up period and

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MFA 1056/2013

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loss of future earnings is on the lower side,

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the appeal is filed seeking enhancement.

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The occurrence of accident, rash and negligent driving, involvement of the vehicle and liability are not in dispute. The Tribunal has granted the sum of Rs.3,83,020/as compensation towards fracture of right femur and right fubic bone and consequent disability. The Tribunal having assessed the income at Rs.4,500/- has granted the sum of Rs.1,94,400/towards loss of future earnings. Accepting the disability at 20% granted Rs.27,000/- towards loss of income during the period of treatment.

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In view of the submission made and as

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the accident is of the year 2010, the income has to be accepted at Rs.5,000/- per month. With the difference of income at Rs.5,000/- per month, the loss of future earnings will have to be enhanced by Rs.21,600/-. The loss of income during the laid up period would be Rs.3,000/-/

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MFA 1056/2013

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Thereby, the appellant is entitled to

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Rs.24,600/- as compensation in addition to the compensation awarded by the Tribunal.

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Consequently, the appeal is allowed in part. The appellant is entitled to the compensation of Rs.24,600/- with interest at 9% p.a. from the date of petition till its payment in addition to the compensation awarded by the Tribunal.

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Sd/JUDGE

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*bgn/-

Manjunath v. Sidappa @ Revanasiddappa

Case brief

What is this about?

What did the court decide?

Manjunath v. Sidappa @ Revanasiddappa

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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