Partly allowed

Smt K M Yashodamma v. Sri Richard Wilson

Karnataka HC9 Nov 2022MFA/8918/2018

Case brief

AI extract

What is this about?

High Court allowed appeals in part, enhancing compensation awarded for injuries and death. Court recalculated loss of dependency based on revised notional income, increased consortium and medical expenses, and added damages for vehicle damage costs

What did the court decide?

Enhanced compensation granted totaling Rs. 2,42,248/- (death/dependency case), Rs. 25,000/- (injury case), Rs. 15,000/- (minor injury), and Rs. 50,000/- (vehicle damage) with 6% interest.

Smt K M Yashodamma Vs Sri Richard Wilson — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^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.8918/2018 (MV-D)

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C/W

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M.F.A.No.8919/2018 (MV-I), M.F.A.No.8920/2018 (MV-I)

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AND M.F.A.No.8921/2018 (MV-DAMAGE) IN M.F.A.No.8918/2018

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BETWEEN:

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SMT. K.M.YASHODAMMA, W/O LATE T.NAGAPPA, AGED ABOUT 47 YEARS,

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SRI. HEMANTH K.N., S/O LATE T.NAGAPPA, AGED ABOUT 22 YEARS,

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BOTH ARE R/O KAIDALA VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 102.

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… APPELLANTS

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(BY SRI.BHOJARAJA, ADVOCATE)

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AND:

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SRI. RICHARD WILSON, S/O WILSON DIVAKAR, AGED ABOUT 37 YEARS, R/AT MICKEY COMPUTER, SAMMEDH COMPLEX, OPP:GURUKULA HOSTEL,

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B H ROAD, TUMKUR – 572 101.

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD., BRANCH OFFICE AT NO.620, A-1, 1^ST FLOOR, NEXT TO ORIOR BAKERY, RAJAJINAGARA, BANGALORE – 560 010. REPRESENTD BY ITS BRANCH MANAGER.

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… RESPONDENTS

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(BY SRI.PRABHAKARA T.C., ADVOCATE FOR R1; SRI.C.R.RAVISHANKAR, ADVOCATE FOR R2)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2018 PASSED IN MVC NO.5043/2017 ON THE FILE OF THE MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN M.F.A.No.8919/2018

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BETWEEN:

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SMT. K.M.YASHODAMMA, W/O LATE T.NAGAPPA, AGED ABOUT 47 YEARS, R/O KAIDALA VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 102.

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… APPELLANT

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(BY SRI.BHOJARAJA, ADVOCATE)

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AND:

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SRI. RICHARD WILSON, S/O WILSON DIVAKAR, AGED ABOUT 37 YEARS, R/AT MICKEY COMPUTER, SAMMEDH COMPLEX, OPP:GURUKULA HOSTEL, B H ROAD, TUMKUR – 572 101.

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD., BRANCH OFFICE AT NO.620, A-1, 1^ST FLOOR, 12^TH MAIN, 35^TH CROSS, 2^ND BLOCK, NEXT TO ORIOR BAKERY, RAJAJINAGARA, BANGALORE – 560 010. REPRESENTD BY ITS BRANCH MANAGER.

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… RESPONDENTS

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(BY SRI.C.R.RAVISHANKAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 06.03.2019)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2018 PASSED IN MVC NO.5044/2017 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN M.F.A.No.8920/2018

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BETWEEN:

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MASTER. SANTHOSH T., AGED ABOUT 13 YEARS, S/O THIMMAIAH,

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R/O MALONAGATHIHALLI (HOSUR), T.BEGUR, THEPPADA BEGUR, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT – 562 123. (SINCE APPELLANT IS A MINOR REPRESENTED BY HIS FATHER/ NATURAL GUARDIAN THIMMAIAH T.). (BY SRI.BHOJARAJA, ADVOCATE)

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… APPELLANT

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AND:

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SRI. RICHARD WILSON, S/O WILSON DIVAKAR, AGED ABOUT 37 YEARS, R/AT MICKEY COMPUTER, SAMMEDH COMPLEX, OPP:GURUKULA HOSTEL, B H ROAD, TUMKUR – 572 101.

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD., BRANCH OFFICE AT NO.620, A-1, 1^ST FLOOR, 12^TH MAIN, 35^TH CROSS, 2^ND BLOCK, NEXT TO ORIOR BAKERY, RAJAJINAGARA, BANGALORE – 560 010. REPRESENTD BY ITS BRANCH MANAGER.

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… RESPONDENTS

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(BY SRI.C.R.RAVISHANKAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 06.03.2019)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2018 PASSED IN MVC NO.5045/2017 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM

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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN M.F.A.No.8921/2018

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BETWEEN:

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SRI.BASAPPA, S/O VEERABHADRAIAH, AGED ABOUT 53 YEARS, RESIDING AT KHOTHEMARANAHALLI, HORAMAV POST, TUMKUR TALUK AND DISTRICT – 572 102.

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… APPELLANT

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(BY SRI.BHOJARAJA, ADVOCATE)

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AND:

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SRI. RICHARD WILSON, S/O WILSON DIVAKAR, AGED ABOUT 37 YEARS, R/AT MICKEY COMPUTER, SAMMEDH COMPLEX, OPP:GURUKULA HOSTEL, B H ROAD, TUMKUR – 572 101. 2. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD., BRANCH OFFICE AT NO.620, A-1, 1^ST FLOOR, 12^TH MAIN, 35^TH CROSS, 2^ND BLOCK, NEXT TO ORIOR BAKERY, RAJAJINAGARA, BANGALORE – 560 010. REPRESENTD BY ITS BRANCH MANAGER. … RESPONDENTS

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(BY SRI.C.R.RAVISHANKAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 06.03.2019)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2018 PASSED IN MVC NO.5046/2017 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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These appeals are filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC Nos.5043/2017, 5044/2017, 5045/2017 and 5046/2017 respectively dated 27.07.2018 by the Prl. Motor Accident Claims Tribunal and Chief Judge, Court of Small causes at Bangalore, seeking enhancement of the compensation.

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The brief facts of the case is that on 25.10.2016, the deceased T.Nagappa, the injured Smt. Yashodamma and Master Santhosh and others were travelling in maruthi omni van bearing No.KA-02/MC-

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2456 from Bangalore to Tumkur. The said vehicle was

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driven by its driver slowly and cautiously. In the midnight at about 00.30 hours, when they were proceeding near Shivaganga Bakery, Thippagondanahalli Bare, Nelamangala Taluk, Bangalore Rural District, a maruthi swift car bearing No.KA-02/MD-9987 came in the same direction in rash and negligent manner caused accident and all the inmates of the car suffered grievous injuries. Therefore, they preferred a claim petitions in MVC Nos.5043/2017, 5044/2017, 5045/2017 and 5046/2017 respectively seeking compensation under Section 166 of the MV Act.

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Learned counsel for the appellants-claimants submitted that the compensation awarded by the Tribunal is on the lower side and seeks to enhance the compensation and prays to allow the appeals.

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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 and

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proper and hence there is no need of interference by this

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Court. Therefore, he prays for dismissal of the appeals.

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The Tribunal has awarded the compensation

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under various heads in MVC.No.5043/2017 as follows:

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Sl. No.	Particulars of Heads	Amount
1	Loss ofdependency	Rs.3,36,000.00
2	Loss ofestate	Rs. 15,000.00
3	Loss ofconsortium	Rs. 40,000.00
4	Funeral expenses	Rs. 15,0000.00
	Total	Rs. 4,06,000.00

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In the present case, the deceased was an agriculturist and was 62 years on the date of the accident. The Tribunal has taken the notional income at Rs.8,000/- p.m. which is on the lesser side. Considering the accident which was occurred in the year 2016, the notional income to be considered is Rs.9,500/- p.m. as recognized by the Karnataka State Legal Services Authority. The claimants are the wife and son. Therefore, 1/3rd amount would be deducted towards personal expenses of the deceased i.e., Rs.6,333.33/-

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(Rs.9,500/- x 1/3rd). The appropriate multiplier is '7'. Therefore, the compensation under the head 'loss of dependency' is reassessed and quantified as follows:

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6,333.33 x 7 x 12 = Rs.5,31,999/- rounded of to Rs.5,32,000/-.

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Further, the amount awarded by the Tribunal under the head 'loss of consortium' at Rs.40,000/- is on the lesser side and accordingly, the same is enhanced to

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Rs.80,000/-.

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The claimants have made expenses of Rs.6,248/-towards medical expenses. The same is to be compensated. Accordingly, a sum of Rs.6,248/- is awarded under the head 'medical expenses'.

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The quantum of compensation awarded by the Tribunal on the other heads are correct and the same is kept intact.

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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. No.	Particulars of Heads	Amount
1	Loss of dependency	Rs. 5,32,000.00
2	Loss of estate	Rs. 15,000.00
3	Loss of consortium	Rs. 80,000.00
4	Funeral expenses	Rs. 15,000.00
5	Medical expenses	Rs. 6,248.00
	Total	Rs.6,48,248.00

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Hence, the claimants-appellants are entitled for a

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total compensation of Rs.6,48,248/ -. 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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The Tribunal has awarded the compensation

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under the following head in MVC.No.5044/2017 as follows:

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Sl.	Particulars of Head	Amount
No.
1	Pain and suffering, amount spent for treatment, conveyance charges, attendant charges, loss of income during the period of treatment	Rs. 75,000.00
	Total	Rs. 75,000.00

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In the present case, as per medical records

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and evidence on record, the claimant had suffered the following injuries:

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1) CLW on left eye brow 3x1 cm

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2) CLW right anterior aspect V shaped

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3) CLW on right ear

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4) CLW on left ear

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It is stated that the above said injuries are

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simple in nature. However, the claimant was admitted in

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the hospital for a period of nine days in two different hospitals namely, Harsha Hospital and Sri Maruthi Nursing Home. It is stated that the claimant had spent medical expenses of Rs.62,249/-. The injuries are caused to the ear and eyebrow and also injuries to the face and head. Therefore, claimant was in hospital for a period of nine days for observation and for treatment. Considering the injuries caused to the face and head, the claimant was undergone follow-up treatment and spent amount towards attendant charges, food and

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nourishment etc. Therefore, the quantum of medical expenses made as above stated.

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Hence, the claimant-appellant is entitled for a total compensation of Rs.1,00,000/ - in the place of amount ordered by the Tribunal along with interest at the rate 6% per annum from the date of order till the date of deposit.

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The Tribunal has awarded the compensation

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under the following head in MVC.No.5045/2017 as follows:

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Sl.	Particulars of Head	Amount
No.
1	Painand suffering	Rs. 15,000.00
	Total	Rs. 15,000.00

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In the present case the Tribunal awarded global compensation of Rs.15,000/- along with interest.

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As per medical records and evidence on

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record, the claimant had suffered the following injuries:

1 ) Lip Laceration

2) Head injury

The doctor opined that injury No.1 is grievous

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injury and injury No.2 is simple in nature. The claimant is 12 years old boy. The amount spent towards medical expenses is Rs.3,704/-, which includes ambulance charge also. The claimant had suffered with grievous injuries. Accordingly, the claimant has undergone follow-up treatment, food, nourishment, suffering mental agony, discomfort, suffered injuries, pain and suffering and loss of amenities to some extent. Accordingly, the compensation of Rs.15,000/- is on lesser side and the same is enhanced to Rs.30,000/- as against Rs.15,000/- along with interest at the rate 6% per annum from the date of order till the date of deposit.

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The Tribunal has awarded the compensation under the following head in MVC.No.5046/2017 as follows:

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Sl.	Particular of Head	Amount
No.
1	Parts of the vehicle to be	Rs. 1,00,000.00
	replaced and the labour
	charges
	Total	Rs. 1,00,000.00

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In the present case the maruthi omni van bearing No.KA-02-MC-2456 was damaged. PW.5 is the engineer, surveyor and valuer of the vehicle. He has deposed the evidence and produced estimation report for repair of the car approximately at Rs.1,75,000/-. But, the car was not got repaired. It is explained by the claimant that he is unable to bear the expenses for the repair, hence, the car was not get repaired. Accordingly, the Tribunal has awarded compensation of Rs.1,00,000/as damages.

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It is not disputed fact that the accident was occurred and the maruthi omni van bearing No.KA-02MC-2456 was damaged extensively. For this, the claimant and inmates were constrained to made expenses for travelling, payment to the engineer and

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valuer of the car and for towing the damaged vehicle. The claimant might have spent other miscellaneous expenses towards car on account of damage caused. But, the Tribunal has observed that since the estimation is Rs.1,75,000/-, granted a compensation of Rs.1,00,000/- as damages. In the present case, the claimant has not get repaired the vehicle. Therefore, there are no bills and receipts produced to prove that whatever the actual expenses incurred towards repair of car. The claimant has claimed compensation only on the basis of estimation made by the engineer/valuer. But the claimant has not got repaired the vehicle. Therefore, he has not spent amount for getting repair of the vehicle and also to ply on the road.

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Considering the above factors, the claimant might have spent towards towing of vehicle, payment of engineer/valuer and other miscellaneous expenses on account of accident. It is just and proper to award additional compensation of Rs.50,000/- . Accordingly,

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the total compensation of Rs.1,50,000/- is awarded along with 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 appeals are allowed in part .

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ii. The judgment and decree passed in MVC Nos.5043/2017, 5044/2017, 5045/2017 and 5046/2017 respectively dated 27.07.2018 by the Prl. Motor Accident Claims Tribunal and Chief Judge, Court of Small causes at Bangalore are hereby modified.

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iii. The appellants-claimants in MFA.No. 8918/2018 are entitled for enhanced compensation amount of Rs.2,42,248/- (Rs.6,48,248/- - Rs.4,06,000/-) along with interest at 6% per annum from the date of filing of the petition till deposit, in MFA.No.8919/2018 is entitled for enhanced compensation amount of Rs.25,000/- (Rs.1,00,000/- - Rs.75,000/-) along with

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interest at 6% per annum from the date of filing of the petition till deposit, in MFA.No.8920/2018 is entitled for enhanced compensation amount of Rs.15,000/- (Rs.30,000/- - Rs.15,000/-) along with interest at 6% per annum from the date of filing of the petition till deposit and in MFA.No.8921/2018 is entitled for enhanced compensation amount of Rs.50,000/- (Rs.1,50,000/- - Rs.1,00,000/- along with interest at 6% per annum from the date of filing of the petition till deposit.

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iv. 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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v. Draw award accordingly.

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Sd/-

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JUDGE

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ssb

Smt K M Yashodamma v. Sri Richard Wilson

Case brief

What is this about?

What did the court decide?

Smt K M Yashodamma v. Sri Richard Wilson

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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