Partly allowed

Shivalingegowda v. Smt. Sunitha G K

Karnataka HC4 Jun 2015MFA/270/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Motor First Appeal partly, enhancing the compensation awarded to the appellant for a motor vehicle accident. The court adjusted the income assessment and granted additional damages for loss of future income and loss of income during the treatment period, totaling Rs. 31,000 with interest.

What did the court decide?

Appellant entitled to additional compensation of Rs. 31,000 with interest at 9% p.a. from the date of petition till payment, in addition to the existing award.

Shivalingegowda Vs Smt. Sunitha G K — Motor Accident Claims | Karnataka HC (2015)

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MFA No.270/2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^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.270 OF 2014(MV)

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BETWEEN:

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SHIVALINGEGOWDA AGED ABOUT 46 YEARS S/O THIMMEGOWDA R/O HONGANURU VILLAGE & POST KASABA HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT-571 501

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... APPELLANT

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(BY SRI: VIVEKANANDA T P, ADV)

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AND:

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SMT SUNITHA G K AGE NOT KNOWN TO THE APPELLANT W/O NAGENDRA KUMAR M PP: KSRTC QUARTERS KSRTC BUS STAND, B M ROAD CHANNAPATNA - 571 501 RAMANAGARAM DISTRICT.

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MFA No.270/2014

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THE RELIANCE GENERAL INSURANCE COMPANY LIMITED NO.4/3/1 & 3/2-M 11^TH MAIN ROAD III BLOCK,JAYANAGAR BANGALORE – 560 061.

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... RESPONDENTS

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(BY SRI: ASHOK N PATIL, ADV FOR R2, NOTICE TO R1 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2013 PASSED IN MVC NO.183/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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J U D G M E N T

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The enhancement of compensation is sought

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for the injuries sustained by the appellant in the motor vehicle accident.

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The occurrence of accident, rash and negligent driving, the involvement of vehicle

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MFA No.270/2014

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and the liability is not in dispute. The appellant suffered the dislocation of right shoulder in the accident. The Tribunal assessed the disability at 3.72% to the whole body. His income is assessed at Rs.3,000/- per month. He was a coolie. It has granted Rs.64,012/- as compensation on all heads.

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Heard the learned Counsel for both

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the parties.

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Learned counsel submits that the

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assessment of income and liability is on the lower side and reasonable compensation is not granted on each of the heads, hence, he seeks for enhancement.

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On the other hand, learned Counsel

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for the insurer supports the judgment and award and submits that just compensation is granted.

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The accident is of the year 2010. In

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the lok adalat with the consent of parties, the

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MFA No.270/2014

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income is generally assessed at Rs.5,500/-. Therefore, the income of the appellant has to be assessed at Rs.5,500/- per month. With this difference and disability as concluded by the Tribunal, which is reasonable, the difference of compensation towards loss of future earnings would be Rs.14,508/-. The appellant is entitled to the aforesaid sum.

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No compensation is granted towards

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loss of income during the period of treatment.

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When there is dislocation, it requires three months time to resume to normal duties. At Rs.5,500/- per month, for three months, the loss

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of income would be Rs.16,500/-. Though the counsel submits that there is no compensation paid towards food, nourishment and attendant charges, as compensation towards loss of amenities is on the higher side, it is adjusted in the said sum. Thereby, the appellant is entitled to additional compensation as under:

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MFA No.270/2014

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Loss of future income

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Rs.14,508/-

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Loss of income during

Period of treatment

Rs.16,500/-

Total

Rs.31,008/-

Consequently, the appeal is allowed in part. The appellant is entitled to additional sum of Rs.31,008/- which is rounded off to Rs.31,000/- with interest at 9% p.a. from

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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/-

Shivalingegowda v. Smt. Sunitha G K

Case brief

What is this about?

What did the court decide?

Shivalingegowda v. Smt. Sunitha G K

Case brief

What is this about?

What did the court decide?

What the court decided

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