Partly allowed

Neelakantappa Puttappagowda v. the Divisional Manager

Karnataka HC8 Nov 2022MFA/7481/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a motor accident compensation appeal filed by a police constable. The Court enhanced the compensation from Rs. 1,90,000 to Rs. 2,94,796 by increasing amounts for pain and suffering, future medical expenditure, diet, amenities, and adding loss of encashment of 132 days of earned leave.

What did the court decide?

Compensation enhanced from Rs. 1,90,000 to Rs. 2,94,796 with interest at 6% p.a. from date of order.

Neelakantappa Puttappagowda Vs the Divisional Manager — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^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.7481/2018 (MV-I)

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BETWEEN :

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NEELAKANTAPPA PUTTAPPAGOWDA S/O PUTTAPPAGOWDA AGED ABOUT 49 YEARS RESIDING AT NO:11, 1ST MAIN, 3RD CROSS, VAISHNAVI LAYOUT, PUJA GARDEN, NEAR BHAKTA ANJANEYA TEMPLE CHANNASANDRA, BANGALORE - 560 043.

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...APPELLANT

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(BY SRI.SHANKAR PRASAD M.B., ADVOCATE)

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AND:

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THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD REGIONAL OFFICE, 3RD FLOOR, SUBARAM COMPLEX, M.G.ROAD, BANGALORE - 560 001.

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SAMRAT KUNDU S/O SHAKTHI SINGH NO:07, MUNISWAMAPPA ROAD, J.C.NAGAR, BANGALORE - 560 006.

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...RESPONDENTS

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(BY SRI.L.SREEKANTA RAO, ADVOCATE FOR R-1;

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R-2 NOTICE DISPENSED WITH V/O DATED 15.12.2021)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.07.2018 PASSED IN MVC NO.3240/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-15) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS M.F.A. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeal is filed by the appellant-claimant challenging the judgment and award dated 02.07.2018 passed in MVC No.3240/2017 by the XIII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-15) seeking enhancement of the compensation.

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2. Brief facts of the case as under:

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On 30.05.2017 at about 8.40 a.m., the appellant-claimant was proceeding by riding in Scooter bearing Reg.No.KA-53-EL-2586 near Hennur main road, when he was reached opposite to D Mart,

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at that time, one Motorcycle bearing Reg.No.KA-05JL-8793 ridden by its rider in rash and negligent manner with high speed and dashed to the petitioner's motorcycle. As a result, the petitioner was fell down and sustained grievous injuries. The petitioners has been taken treatment at Vijayalakshmi hospital and Fortis hospital and spent more than a sum of Rs.1,00,000/- towards medical and other expenses.

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The appellant has filed a claim petition claiming Rs.15,00,000/- as compensation. The Tribunal has awarded Rs.1,90,000/- along with interest at 6% p.a. from the date of petition till the date of realization.

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Being aggrieved by the judgment and award passed by the Tribunal, the appellant has preferred this appeal.

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Learned counsel for the appellant-claimant

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submitted that the compensation awarded by the

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Tribunal is on the lower side and seeks to enhance the compensation and prays to allow the appeal.

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On the other hand, learned counsel for the respondent-insurance company submitted that the judgment and award passed by the Tribunal is just

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and proper and hence there is no need of interference by this Court. Therefore, he prays for dismissal of the appeal.

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The Tribunal has awarded compensation

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under various heads as follows:

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Sl. No.	Head of compensation	Amount
1	Pain and sufferings	Rs.40,000/-
2	Loss of laid up period	Nil
3	Medical expenditure	Rs.50,000/-
4	Future Medical Expenditure	Rs.10,000/-
5	Loss of Future Income	Nil
6	Towards diet and conveyance	Rs.10,000/-
7	Loss of amenities	Rs.30,000/-
8	Loss of physical permanent impairment	Rs.50,000/-
	Total	Rs. 1,90,000/-

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The appellant-claimant is a Police

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constable. As such he is a Government servant, even though disability sustained, he continued in the same job without loss of pay. Therefore, the Tribunal is correct in not awarding the compensation under 'loss of future income' due to disability.

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Due to the accident, appellant-claimant has suffered fracture of both bones tibia and fibula right leg and contusional over the right tibia finger. The aforesaid injuries are grievous in nature. Therefore, the compensation awarded under the head of 'pain and sufferings' at Rs.40,000/- is on lesser side and the same is enhanced to Rs.60,000/-. The medical expenditure is granted as per medical bills produced by the appellant. Therefore, there is no need for enhancement. Hence, the same is kept in tact. For disability treatment the quantum of compensation awarded under the head of 'future medical expenditure' at Rs.10,000/- is on lesser side and the

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same is enhanced to Rs.25,000/-. The compensation awarded under the head of 'diet and conveyance' at

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Rs.10,000/- is on lesser side and the same is enhanced to Rs.20,000/-. The quantum of compensation awarded under the head of 'loss of amenities' at Rs.30,000/- is on lesser side and the same is awarded to Rs.50,000/-.

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The quantum of compensation awarded under the head of 'loss of physical permanent impairment' at Rs.50,000/- is kept in tact.

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Ex.P.17 document along with evidence of

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P.W.2 is the leave sanction details of the Police Department proves that the claimant has applied 132 days of earned leave. Therefore, the appellantclaimant has lost the benefit of encashment of 132 days earned leave, that is to be compensated. The salary of the appellant-claimant is Rs.31,772/-. Therefore, the loss of encashment of earned leave

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comes to Rs.1,39,796/(31,772/30 x

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132=1,39,796/-). The award granted under the

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head of 'loss of encashment' due to availment of 132 days earned leave is Rs.1,39,796/- .

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Thus, in all, this Court has awarded the

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compensation under various heads as follows:

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Sl.	Head of compensation	Amount
No.
1	Pain and sufferings	Rs. 60,000/-
2	Future Medical expenditure	Rs. 25,000/-
3	Diet and Conveyance	Rs. 20,000/-
4	Loss of Amenities	Rs. 50,000/-
5	Loss of encashment	Rs. 1,39,796/-
	TOTAL	Rs.2,94,796/-

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Hence, the claimant-appellant is entitled for a

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total compensation of Rs.2,94,796/ -. The enhanced compensation shall carry interest at the rate 6% per annum from the date of order till the date of deposit.

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Accordingly, I pass the following:

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ORDER

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i. The appeal is allowed in part .

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ii. The appellant-claimant is entitled for enhanced compensation amount of Rs.1,04,796/(Rs.2,94,796-

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Rs.1,90,000/- = Rs.1,04,796/-) along with interest at 6% per annum from the date of filing of the petition till deposit, in addition to what has been awarded by the Tribunal.

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iii. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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iv. Draw award accordingly.

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Sd/JUDGE

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GPG

Neelakantappa Puttappagowda v. the Divisional Manager

Case brief

What is this about?

What did the court decide?

Neelakantappa Puttappagowda v. the Divisional Manager

Case brief

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What did the court decide?

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