Allowed

Smt Asha v. Parashurama

Karnataka HC18 Nov 2022MFA/6918/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka enhanced compensation awarded by the Tribunal in two motor vehicle accident claims alleging death and permanent physical disability. The court recalculated loss of dependency based on corrected income and multipliers, and increased compensation for disability, amenities, and loss of income for the survivor.

What did the court decide?

Impugned judgment and award modified; appellants entitled to enhanced compensation of Rs. 9,90,152/- and Rs. 2,06,240/- respectively with 6% interest.

Smt Asha Vs Parashurama — Motor Accident Claims | Karnataka HC (2022)

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1 MFA NO.6918/2018 C/W MFA NO.6988/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.NO.6918/2018 ( MV-D) C/W M.F.A.NO.6988/2018 (MV-I)

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IN MFA NO.6918/2018

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BETWEEN:

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1 . SMT ASHA W/O LATE HANUMANTHAPPA L., AGE: 24 YEARS,

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2 . MASTER PRAMOD S/O LATE HANUMANTHAPPA L., AGE:2 YEARS,

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3 . SMT VANAJAKSHAMMA W/O LATE LOTHETHAPPA AGE 51 YEARS ,

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APPELLANT NO.2 IS MINOR REPRESENTED BY HIS MOTHER & NATURAL GUARDIAN, ALL ARE RESIDENTS OF 4TH CROSS, VIJAYANAGARA EXTENSION, HARIHAR TOWN, DAVANGERE DISTRICT – 577601.

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...APPELLANTS

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(BY SRI.N PRAVEEN KUMAR, ADVOCATE)

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2 MFA NO.6918/2018 C/W

MFA NO.6988/2018

AND:

1 . PARASHURAMA

S/O MUDHUKAPPA, AGE 44 YEARS, DRIVER OF NEKSTRC BUS REG NO KA-17-F-561 R/O NO 52/1, BANNERUGATTA ROAD D R ROAD, BANGALORE – 560029.

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2 . THE DIVISIONAL CONTROLLER NEKRTC DIVISION OFFIE, KOPPAL – 582114.

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…RESPONDENTS

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(BY SRI. B.L. SANJEEV, ADVOCATE FOR R2, R1-NOTICE DISPENSED WITH V/O DATED:15-02-2019)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27/06/2018, PASSED IN MVC NO.294/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND MACT, HARIHARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.6988/2018

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BETWEEN:

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MALLIKARJUNAIAH, S/O SIDDALINGASWAMY, AGE:32 YEARS, R/O 1^ST MAIN, 3^RD CROSS, VIJAYANAGARA BADAVANE, HARIHAR TOWN-577601. …APPELLANT (BY SRI. N. PRAVEEN KUMAR, ADVOCATE)

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3 MFA NO.6918/2018 C/W MFA NO.6988/2018

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AND:

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1 . PARASHURAMA S/O MUDHUKAPPA AGE MAJOR DRIVER OF NEKSRTC BUS REG NO.KA-17-F-561 R/O NO.52/1, BANNERUGATTA ROAD D.R.ROAD, BANGALORE 560029.

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2 . THE DIVISIONAL CONTROLLER NEKSRTC DIVISION OFFICE KOPPAL-582114

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…RESPONDENTS

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(BY SRI. B.L.SANJEEV, ADVOCATE FOR R2, R1-NOTICE DISPENSED WITH V/O DATED:18-02-2019)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27/06/2018, PASSED IN MVC NO.295/2007, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND ADDITIONAL MACT, HARIHARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE M.F.As. 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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MFA.No.6918/2018 is filed by the

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appellants/claimants who are wife, minor son and mother of the deceased challenging the judgment and

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4 MFA NO.6918/2018 C/W MFA NO.6988/2018

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award dated 27.06.2018 in MVC.No.294/2017 passed

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by the Senior Civil Judge & Addl. MACT, Harihar, for seeking enhancement of compensation on account of death of the deceased.

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appellant/claimant challenging the judgment and award dated 27.06.2018 in MVC.No.295/2017 passed

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by the Senior Civil Judge & Addl. MACT, Harihar, for seeking enhancement of the compensation.

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Brief facts of the case are that, the

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deceased-Hanumanthappa L., and the claimant in MVC.No.295/2017 were coming from Davanagere to Harihar in a bike bearing No.KA-17-EH-3986. At that time, the driver (respondent No.1 herein) of the bus bearing Reg.No.KA-37-F-0561 came and dashed against the bike and as a result, Hanumanthappa L., and the claimant who was the rider of the bike

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5 MFA NO.6918/2018 C/W MFA NO.6988/2018

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suffered injuries and Hanumanthappa L., died in the

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hospital.

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Heard the arguments from both sides and

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perused the records.

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IN MFA.NO.6918/2018 (MVC.No.294/2017)

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The Tribunal has awarded the

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compensation under various heads as follows:

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1	Loss of dependency	Rs.	22,32,984/-
2	Loss of consortium	Rs.	40,000/-
3	Towards funeral expenses	Rs.	15,000/-
4	Loss of estate	Rs.	15,000/-
	TOTAL	Rs.	23,02,984/-

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In the present case, the deceased was

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aged 27 years as on the date of the accident and was

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working as a peon in Davanagere Visual Arts University on permanent basis. Ex.P.13 is the salary certificate, which shows the gross income of the deceased at Rs.15,534/-. There was deduction of

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6 MFA NO.6918/2018 C/W MFA NO.6988/2018

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Rs.200/- towards professional tax. But the Tribunal has committed error in considering the income at Rs.11,728/-. But the only deductable allowance is professional tax in the present case. Therefore, if an amount of Rs.200/- is deducted from the income of Rs.15,534/-, then the income of the deceased is proved to be Rs.15,334/- per month. As the deceased was aged 27 years as on the date of the accident, the appropriate multiplier applicable is 17. As the claimants are wife, minor son and mother of the deceased, 1/3^rd of income has to be deducted towards personal and living expenses of the deceased. As per the judgment of the Hon’ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others¹ , 50% of income is to be added towards loss of future prospects in life. Hence, the loss of dependency is re-assessed and quantified

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as follows:

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1 (2017) 16 SCC 680

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7 MFA NO.6918/2018 C/W MFA NO.6988/2018

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Rs.15,334/- + Rs.7,667/- (50% of Rs.15,534/-)=Rs.23,001/-

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Rs.23,001/- x 2/3 x 17 x 12=Rs.31,28,136/-

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Accordingly, compensation of Rs.31,28,136/- is

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awarded under the head loss of dependency.

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The compensation of Rs.40,000/- awarded

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under the head loss of consortium is on the lesser side. The claimants are wife, minor son and mother of the deceased. Hence, as per the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others²

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each dependents are entitled to Rs.40,000/- with 10% escalation. Therefore, compensation of Rs.1,32,000/- (Rs.1,20,000/- + Rs.12,000/- (10% of Rs.1,20,000/-) is awarded under the head loss of consortium.

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The compensation of Rs.15,000/- each is

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awarded under the heads loss of estate and funeral

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2 2018 ACJ 2782

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8 MFA NO.6918/2018 C/W MFA NO.6988/2018

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expenses. If 10% escalation is done under these

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heads, then compensation of Rs.16,500/- is awarded

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under the head loss of estate and Rs.16,500/- is

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awarded under the head funeral expenses.

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Thus, in all, the appellants/claimants are

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entitled to enhanced compensation under various heads as follows:

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1	Loss of dependency	Rs.	31,28,136/-
2	Loss of consortium	Rs.	1,32,000/-
3	Towards funeral expenses	Rs.	16,500/-
4	Loss of estate	Rs.	16,500/-
	TOTAL	Rs.	32,93,136/-

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The Tribunal has awarded compensation of

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Rs.23,02,984/-, but the appellants/claimants are entitled to total compensation of Rs.32,93,136/- . Hence, the appellants/claimants are entitled to enhanced compensation of Rs.9,90,152/- (Rs.32,93,136/- - Rs.23,02,984/-). Therefore, the

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9 MFA NO.6918/2018 C/W MFA NO.6988/2018

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appellants/claimants are entitled to enhanced

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compensation of Rs.9,90,152/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.

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IN MFA.NO.6988/2018 (MVC.No.295/2017)

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The Tribunal has awarded the

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compensation under various heads as follows:

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1	Loss of future earning capacity	Rs.	92,160/-
2	Loss of amenities	Rs.	10,000/-
3	Medical expenses	Rs.	1,18,715/-
4	Food, nourishment, attendant charges & conveyance charges	Rs.	10,000/-
5	Loss of income during laid up period for two months	Rs.	12,000/-
6	Towards pain and sufferings	Rs.	50,000/-
7	Towards future medical expenses	Rs.	20,000/-
	TOTAL	Rs.	3,12,875/-

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In the present case, the claimant had

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sustained the fracture of comminuted fracture of

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10 MFA NO.6918/2018 C/W MFA NO.6988/2018

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femur bone of right leg and has also sustained comminuted fracture of tibia and fibula bones of right leg. The doctor has assessed 25% of permanent physical disability towards right lower limb. But the Tribunal has considered the disability at 8% and accordingly, awarded compensation. Considering the nature of injuries sustained and the claimant was working as computer operator on contract basis, therefore, it is just and proper to take functional disability at 10% affecting the earning capacity. The Tribunal has taken the income at Rs.6,000/- pm., which is on the lesser side. Therefore, the income of the claimant is taken at Rs.9,500/- p.m., as per the Notional Income Chart recognized by the Karnataka State Legal Service Authority. As the claimant was aged 31 years, the appropriate multiplier applicable is 16. Accordingly, compensation under the head loss of future earning capacity due to disability is re-assessed and quantified as follows:

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11 MFA NO.6918/2018 C/W MFA NO.6988/2018

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Rs.9,500/- x 10% x 16 x 12=Rs.1,82,400/-

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Accordingly, compensation of Rs.1,82,400/- is

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awarded under the head loss of future earning capacity due to disability.

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The compensation of Rs.10,000/- awarded

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under the head loss of amenities is on the lesser side and the same is enhanced to Rs.50,000/-.

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The compensation of Rs.1,18,715/-

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awarded under the head medical expenses is as per the actual bills produced, which needs no interference.

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Hence, it is kept in tact.

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The claimant was admitted in the hospital as inpatient for a period of 40 days. Therefore, compensation of Rs.25,000/- is awarded under the head food, nourishment, attendant charges & conveyance charges as against Rs.10,000/- awarded by the Tribunal.

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12 MFA NO.6918/2018 C/W MFA NO.6988/2018

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The compensation of Rs.12,000/- awarded under the head loss of income during laid up period is on the lesser side. As the claimant has suffered the fracture of comminuted fracture of femur bone of right leg and has also sustained comminuted fracture of tibia and fibula bones of right leg, he might have not attended for his work atleast for a period of four months. Hence, compensation of Rs.38,000/- (Rs.9,500/- p.m., x 4 months) is awarded under the head loss of income during laid up period.

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The compensation of Rs.50,000/- awarded

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under the head pain and sufferings is on the lesser side and the same is enhanced to Rs.70,000/-

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The compensation of Rs.20,000/- awarded

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under the head future medical expenses is on the lesser side and the same is enhanced to Rs.35,000/-

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13 MFA NO.6918/2018 C/W

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Thus, in all the appellants/claimants are

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entitled to enhanced compensation under various

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heads as follows:

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1	Loss of future earning capacity	Rs.	1,82,400/-
2	Loss of amenities	Rs.	50,000/-
3	Medical expenses	Rs.	1,18,715/-	Kept in tact
4	Food, nourishment, attendant charges & conveyance charges	Rs.	25,000/-
5	Loss of income during laid up period for two months	Rs.	38,000/-
6	Towards pain and sufferings	Rs.	70,000/-
7	Towards future medical expenses	Rs.	35,000/-
	TOTAL	Rs.	5,19,115/-

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The Tribunal has awarded compensation of Rs.3,12,875/-, but the appellant/claimant is entitled to total compensation of Rs.5,19,115/- . Hence, the appellant/claimant is entitled to enhanced compensation of Rs.2,06,240/- (Rs.5,19,115/- - Rs.3,12,875/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,06,240/-

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14 MFA NO.6918/2018 C/W MFA NO.6988/2018

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along with interest at the rate of 6% per annum from

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the date of petition till the date of realization, in

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addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following

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ORDER

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MFA.Nos.6918/2018 and 6988/2018 are

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allowed-in-part .

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The impugned judgment and award dated 27.06.2018 in MVC.Nos.294/2017 & 295/2017 passed

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by the Senior Civil Judge & Addl. MACT, Harihar, is modified to the extent that the appellants/claimants in MFA.No.6918/2018 are entitled to enhanced compensation of Rs.9,90,152/- along with the rate of interest at 6% per annum from the date of petition till the date of realization and the appellant/claimant in MFA.No.6988/2018 is entitled to enhanced compensation of Rs.2,06,240/- along with the rate of interest at 6% per annum from the date of petition

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15 MFA NO.6918/2018 C/W

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till the date of realization, in addition to what has been

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awarded by the Tribunal.

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Draw award accordingly.

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No order as to costs.

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Smt Asha v. Parashurama

Case brief

What is this about?

What did the court decide?

Smt Asha v. Parashurama

Case brief

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