Partly allowed

Smt. Sujata W/O. Naganagouda Patil v. Muniyappa S/O. Santappa

Karnataka HC11 Nov 2019MFA/21845/2013

Case brief

AI extract

What is this about?

This single bench order concerns an appeal against a Motor Accident Claim Tribunal award. The High Court modified the Tribunal's award by enhancing the compensation amount by Rs. 60,000/- covering pain, suffering, loss of amenities, and future medical expenses.

What did the court decide?

Enhanced compensation of Rs. 60,000/- towards pain and suffering, loss of amenities, and future medical expenses, carrying interest at 6% per annum.

Smt. Sujata W/O. Naganagouda Patil Vs Muniyappa S/O. Santappa — Insurance | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF NOVEMBER 2019

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Present

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THE HON’BLE MR.JUSTICE ALOK ARADHE

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and

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THE HON’BLE MR.JUSTICE P.G.M. PATIL

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MFA. No.21845/2013 (MV)

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BETWEEN

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SMT. SUJATA W/O. NAGANAGOUDA PATIL AGE: 39 YEARS, OCC: BUSINESS, NOW NIL, R/O. KALPATRU NIVAS, VIDYA NAGAR 1ST CROSS, BEHIND GADAG PETROL BUNK, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELGAUM.

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... APPELLANT

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(BY SRI. MADANMOHAN M KHANNUR, ADV.)

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AND

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MUNIYAPPA S/O. SANTAPPA AGE: MAJOR (CORRECT AGE NOT KNOWN), OCC: PRIVATE SERVICE, R/O. 120, NAGANAYAKANAHALLI VILLAGE, POST: MARSOOR, TQ: ANEKAL-562106, DIST: BANGALORE. (OWNER OF THE VEHICLE NO.KA-51/P-6705)

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THE MANAGER LEGAL,

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TATA AIG GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, J.P.DEVI JAMBUKESHAR ARCADE, NO.69, MILLERS ROAD, BANGALORE-560052, TQ: & DIST: BANGALORE, COVER NOTE NO.10903978

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(INSURER OF VEHICLE BEARING NO.KA-51/P-6705). ... RESPONDENTS

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(BY SRI.G.N.RAICHUR, ADV. FOR R2 R1-SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED:16-01-2013 PASSED IN MVC NO.2294/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT AND MEMBER, ADDL. MACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR HEARING THIS DAY, P.G.M.PATIL , J, DELIVERED THE FOLLOWING:

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JUDGMENT

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The claimant being dissatisfied with the judgment and award dated 16/1/2013 passed in MVC No.2294/2011 on the file of the Fast Track Court & AMACT, Bailhongal, has filed this appeal.

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The admitted facts in the appeal are that, the appellant sustained injuries in a motor

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vehicle accident which was occurred on 29/4/2011 at 00.10a.m on NH-7 Hosur-Bangalore road due to the rash and negligent driving of the Charvolet Tevera LMV bearing No.KA-51/P-6705. The claimant filed the claim petition seeking compensation against the owner and insurer of the offending vehicle for the injuries sustained in the motor cycle accident Her claim petition was resisted by respondent No.2-insuser by filing objections.

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On the basis of the pleadings of the parties, Tribunal framed the issues. The claimant got examined herself as PW-1 and one witness as PW-2 and got marked 29 document as Ex.P1-P29. Respondent No.2 did not produce any oral and documentary evidence.

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On the basis of the material placed before the Tribunal, the claim petition was partly allowed awarding compensation of Rs.3,85,200/-

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with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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The claimant being dissatisfied by the impugned judgment has filed this appeal for enhancement of compensation.

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We have heard the learned counsel for

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the parties and perused the records.

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The Tribunal on the basis of the material on record has assessed the permanent disability of the claimant at 10% of the whole body based on the evidence of PW-2. The income of the petitioner is also considered at Rs.7,000/p.m. and proper multiplier 15 was applied and accordingly loss of future earnings of Rs.1,05,000/- is awarded. The Tribunal has awarded Rs.30,000/- towards pain and suffering which needs to be enhanced in view of the multiple fractures sustained by her. Accordingly, a sum of Rs.20,000/- is enhanced towards pain

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and sufferings. The Tribunal has awarded compensation towards loss of amenities only at Rs.20,000/-. Therefore, a further sum of Rs.30,000/- is awarded towards loss of amenities due to the fracture injures. Further, the Tribunal has awarded Rs.5,000/- towards future medical expenses. On the basis of the material on record, we deem it necessary to enhance the same by a sum of Rs.10,000/-

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Thus, the claimant is entitled for

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enhanced compensation of Rs.60,000/-

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For the aforementioned reasons, the amount of compensation awarded to the claimant is enhanced by a further sum of Rs.60,000/-. Needless to state that the aforesaid amount shall carry interest at the rate of 6% per annum from the date of petition till payment is made.

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To the aforesaid extent, the award passed by the

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Tribunal is modified and accordingly, the appeal is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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Smt. Sujata W/O. Naganagouda Patil v. Muniyappa S/O. Santappa

Case brief

What is this about?

What did the court decide?

Smt. Sujata W/O. Naganagouda Patil v. Muniyappa S/O. Santappa

Case brief

What is this about?

What did the court decide?

What the court decided

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