This forthwright appeal under Section 173(1) of the Motor Vehicles Act challenges the compensation awarded by the Tribunal for a motor accident injury. The Single Judge enhanced the total compensation from Rs.2,36,000 to Rs.2,91,500.
Compensation enhanced to Rs.2,91,500 (from Rs.2,36,000) carrying 6% interest per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.2134 OF 2014 (MV)
BETWEEN :
MR. THIMMAPPA S/O. LATE. UGGAPPA POOJARY, AGED ABOUT 42 YEARS, R/AT YELABE HOUSE, NARIKOMBU POST & VILLAGE, PANEMANGALORE, BANTWAL TALUK, D.K. DISTRICT 574 219
... APPELLANT
(BY SRI. RAVISHANKAR SHASTRY. G, ADVOCATE)
AND :
…RESPONDENTS (BY SRI. VENKATESH R. BHAGAT, ADV. FOR R2; VIDE ORDER DATED 12.11.2014 - NOTICE TO R1 IS DISPENSED WITH)
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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2013 PASSED IN MVC NO.701/2012, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALORE, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated 30.11.2013 passed in MVC No.701/2012 by the Motor Accident Claims Tribunal & I Additional Senior Civil Judge & CJM, Mangaluru (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.
2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
3. The brief facts of the case are as follows:
On 28.11.2011, at about 11.15 p.m., the petitioner
was involved in an accident with a motor cycle bearing registration No.KA-19-L-2039 near Panemangalore New Bridge, Bantwal Taluk. The accident happened due to rash and negligent driving of the said motor cycle belonging to
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respondent No.1 and the vehicle was insured with respondent No.2. The petitioner filed MVC.No.701/2012 and claimed a compensation of Rs.8,00,000/-.
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of petition till the date of deposit. Not satisfied by the same, the petitioner herein has preferred this appeal.
only question that arises for consideration is quantum of compensation.
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hospital for a period of 15 days. The Tribunal has awarded a sum of Rs.15,000/- towards 'Pain and Agony'. In my opinion, given the nature of injuries, it would be appropriate to enhance the same to Rs.45,000/-. Towards loss of future amenities and enjoyment of life, a sum of Rs.15,000/- is awarded. In my opinion, it would be appropriate to enhance the same to Rs.25,000/- Based on the actual medical bills towards medical expenses and incidental charges, a sum of Rs.20,000/- is awarded. I deem it appropriate to retain the same. Towards loss of income during treatment period, a sum of Rs.24,000/- is awarded. Taking his income at Rs.6,500/- per month and considering the treatment period would be of four months, it would be appropriate to enhance the same to Rs.26,000/-. Towards loss of future income and earning capacity, a sum of Rs.1,62,000/- is awarded by the Tribunal. Given his age as 40 years and taking his notional income at Rs.6,500/- per month and multiplier being '15' and percentage of disability being 15%, the same is enhanced to a sum of Rs.1,75,500/- (6,500 x 12 x 15 x 15%). Thus, in all, the
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petitioner would be entitled to a sum of Rs.2,91,500/- as
against Rs.2,36,000/- awarded by the Tribunal. The details of the sum awarded by the Tribunal and enhanced to by this
order is as mentioned below:-
| Sl. No. |
Compensation heads | Compensation amount awarded by the Tribunal |
Compensation amount awarded by this Court |
|---|---|---|---|
| 1. | Pain and agony | Rs. 15,000/- | Rs. 45,000/- |
| 2. | Loss of future amenities and enjoyment of life |
Rs. 15,000/- | Rs. 25,000/- |
| 3. | Medical expenses and incidental charges |
Rs. 20,000/- | Rs. 20,000/- |
| 4. | Loss of income during the treatment period |
Rs. 24,000/- | Rs. 26,000/- |
| 5. | Loss of future income and earning capacity |
Rs. 1,62,000/- | Rs. 1,75,500/- |
| Total | Rs. 2,36,000/- | Rs. 2,91,500/- |
interest per annum. Hence, the following:-
ORDER
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Registry is directed to return the trial Court records forthwith.
Sd/- JUDGE
ag
2 issues framed by the court
Whether the compensation awarded by the Tribunal, which was lower than the petitioner's claim, should be enhanced given the notional income of Rs.6,500 per month and the degree of physical disability.
Whether the quantum of compensation for pain, agony, and loss of amenities/enjoyment of life requires enhancement based on the nature of injuries sustained.
Colour shows how this judgement treated each authority
Sarla Verma vs. D.T.CReferred¶43
Sarla Verma vs. D.T.C [2009(6) SCC 121] · Who else cites this
1 provisions across 1 enactments
Mr. Thimmappa s/o Late. Uggappa Poojary
Mr. Laxmana Poojary
National Insurance Co., Ltd.
M.I. Arun
As recorded by the court registry
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