Bhimappa Ramappa Dasa Age 40 Years, v. Govind Bandhu Jadhav Age Major, Occ Not Known

Karnataka HC3 Feb 2017MFA/23180/2010

Case brief

AI extract

What is this about?

In a miscellaneous first appeal challenging a Motor Accidents Claims Tribunal award, the Court allowed the appeal in part, correcting an error where 50% compensation was wrongly deducted. The appellant was granted additional compensation of Rs.1,83,000 with 6% interest.

What did the court decide?

Additional compensation of Rs.1,83,000 with 6% annual interest from the date of claim.

Bhimappa Ramappa Dasa Age 40 Years, Vs Govind Bandhu… — Motor Accident Claims | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2017

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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MISCELLANEOUS FIRST APPEAL No.23180/2010 (MV)

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BETWEEN:

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Bhimappa Ramappa Dasa Age: 40 years, Occupation: Agriculture (now Nil) Resident of Nagnur, Taluk: Gokak, District: Belgaum.

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… APPELLANT

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(By Shri Ravi V Hosmani, Advocate)

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AND:

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Mr. Govind Bandhu Jadhav Age: Major, Occupation: Not known, At post Arbyanwadi Village, Taluk: Chikodi, District: Belgaum.

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The United India Insurance Company Limited, Through its Divisional Manager, Divisional Office, “Seta Smruti” II Floor P.B.No.156 1568 Maruti Galli Belagum, Belgaum. … RESPONDENTS

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(By Smt. Preeti Shashank, Advocate for Respondent No.2, Respondent No.1 served)

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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 dated 09.10.2009 passed in MVC No.612 of 2005 on the file of the Motor Accidents Claims Tribunal and Additional District Judge, Fast Track Court-IV, Belgaum.

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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 considered for final disposal at the stage of admission having regard to the limited ground on which the appeal could be sustained.

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It is noticed that the appellant was aged 35 and was an agriculturist by avocation. When he was walking along the road, a motor cycle had, while overtaking a bus, dashed against the appellant and as a result of the accident, the appellant had sustained grievous injuries, particularly to his leg and it required amputation of the leg. He was hospitalised for a considerable time and he had spent more than Rs.1,30,000/- towards his treatment. It is in this background that he had raised a claim for compensation.

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The Tribunal has awarded a total sum of Rs.2,94,000/under various heads, but however has proceeded to deduct 50% of

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the compensation and has awarded a sum of Rs.1,53,000/- under the head ‘loss of future earning capacity’. This is an apparent error and therefore, if the same is corrected, the appellant would be entitled to a sum of Rs.3,36,000/- (3500x12x16x50%) as against Rs.1,53,000/-.

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Therefore, the appeal is allowed in part and the appellant is entitled to an additional compensation under the head ‘loss of future earning capacity’ in a sum of Rs.1,83,000/- (Rs.3,36,000 – Rs.1,53,000) which shall carry interest at 6% per annum from the date of claim till the date of payment.

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Sd/JUDGE

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Bhimappa Ramappa Dasa Age 40 Years, v. Govind Bandhu Jadhav Age Major, Occ Not Known

Case brief

What is this about?

What did the court decide?

Bhimappa Ramappa Dasa Age 40 Years, v. Govind Bandhu Jadhav Age Major, Occ Not Known

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

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