The High Court allowed the motor accident claimant's appeal in part, enhancing compensation for pain and suffering and future medical expenses to Rs.30,000 with interest, finding the Tribunal's deduction of personal expenses erroneous.
Additional compensation of Rs.30,000 with 6% interest granted; Insurance Company directed to pay within six weeks.
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 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.1117/2013 (MV)
BETWEEN:
VENKATESH S/O. BEERAPPA AGED ABOUT 46 YEARS R/AT MARASA VILLAGE KASABA HOBLI SAGAR TALUK. … APPELLANT
(BY SRI KESHAVA MURTHY H.B., ADVOCATE)
AND:
M/S. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, S.S.COMPLEX HARSHA BUILDING SHIVAMOGGA. ... RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R-2; APPEAL AGAINST R-1 IS DISMISSED VIDE ORDER DATED 16.07.2021)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2011 PASSED IN MVC NO.68/2010 ON THE FILE OF THE SENIOR CIVIL
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JUDGE, JMFC, MEMBER, ADDITIONAL MACT, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard the learned counsel for the appellant and learned counsel for the respondent No.2.
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Rs.5,000/- towards future medical expenses. The Tribunal, while calculating the disability, committed an error in deducting 1/3rd towards personal expenses taking the income at Rs.100/per day and the same is erroneous. The Tribunal also awarded Rs.3,000/- towards special food and the injured was inpatient for 2 days and the same is just and reasonable. For repair of the vehicle, the Tribunal awarded an amount of Rs.10,000/- and also awarded Rs.3,000/- towards conveyance.
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following:
ORDER
Sd/-
JUDGE
ST
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal for pain and suffering and medical expenses requires enhancement.
Whether the Tribunal erred in deducting personal expenses when calculating disability compensation.
1 provisions across 1 enactments
Venkatesh
Ganapathi
National Insurance Co. Ltd.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
