Partly allowed

The Manager v. I. Sirivallappa @ Sirimalappa

Karnataka HC11 Aug 2023MFA/101054/2016

Case brief

AI extract

What is this about?

The High Court modified the compensation amount in a motor accident case. While the insurance company sought reduction, the claimant sought enhancement; the court recalculated future earnings and dietary costs, reducing the total to Rs.1,84,700 with 6% interest, thereby allowing the insurer's appeal in part and dismissing the cross-objection.

What did the court decide?

Insurance company to deposit Rs.1,84,700 plus 6% interest within eight weeks; original judgment modified.

The Manager Vs I. Sirivallappa @ Sirimalappa — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MFA CROB NO.100159/2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.101054/2016 (MV-I)

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IN MFA CROB NO.100159/2016:

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BETWEEN:

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SRI.SHIRIVALLAPPA @ SHIRAMALAPPA S/O. OBAIAH, AGE: 51 YEARS, OCC: FARMER, R/O: KATINAKAMBA VILLAGE, TQ: SANDUR, DIST: BALLARI, NOW AT TILAK NAGAR, CONTONMENT, BALLARI.

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…CROSS OBJECTOR

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(BY SRI M. AMAREGOUDA, ADVOCATE.)

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Digitally signed by SUJATA SUBHASH PAMMAR

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AND:

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SRI S. NAGARAJ S/O. VALLAPPA, AGE: 46 YEARS, OCC: DRIVER OF LORRY NO.KA-34/2043, R/O: NANDIHALLI CAMP, TQ: SANDUR, DIST: BALLARI.

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SRI S. ANKIREDDY, OCC: OWNER OF LORRY NO.KA-34/2043, AND PROP: M/S SRI.VENKATESHWARA STONE CRUSHERS, R/O: D.NO.04, WARD NO.25, NEAR R.T.O. OFFICE, CANTONMENT, BALLARI.

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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THE MANAGER, M/S HDFC ERGO GENERAL INSURANCE CO. LTD., R/O: DOOR NO.25, M.G. ROAD, BENGALURU.

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…RESPONDENTS

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(BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R3; R1 – NOTICE IS DISPENSED WITH; R2 – SERVICE OF NOTICE IS HELD SUFFICIENT.)

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THIS CROSS OBJECTION IN MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO ALLOW THE ABOVE CROSS OBJECTION AND CONSEQUENTLY TO MODIFY THE JUDGMENT AND AWARD DATED 19.12.2015 PASSED IN THE COURT OF III MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI, IN M.V.C.NO.996/2014 AND ENHANCE THE COMPENSATION BY RS.7,04,000/- IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.101054/2016:

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BETWEEN:

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THE MANAGER M/S HDFC ERGO GENERAL INSURANCE CO. LTD., DOOR NO.25, M.G.ROAD, BENGALURU, NOW REP. BY THE AUTHORIZED SIGNATORY, THE H.D.F.C. ERGO GENERAL INSURANCE COMPANY LTD., 1^ST FLOOR, VIRUPAXA BUILDING, OPPOSITE TO KIMS MAIN GATE, P.B.ROAD, VIDYANAGAR, HUBBALLI-590 021.

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…APPELLANT

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(BY SRI S.K. KAYAKAMATH, ADVOCATE.)

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AND:

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SRI I.SIRIVALLAPA AT SIRIMALAPA S/O. OBAIAH, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O: KATINAKAMBA VILLAGE, SANDUR TALUK, BALLARI DISTRICT,

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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NOW AT TILAK NAGAR, CANTONMENT, BALLARI.

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SRI S. NAGARAJ S/O. VALLAPA, AGE: 47 YEARS, OCC:DRIVER OF THE LORRY BEARING REGISTRATION NO.KA-34/2043, R/O: NANDIHALLI CAMP, TALUK: SANDUR, DIST: BALLARI.

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SRI S. ANKIRADDI, OWNER OF LORRY BEARING REGISTRATION NO.KA 34/2043 AND PROPRIETOR M/S SREE VENKATESHWAR STONE CRUSHERS, R/O: DOOR NO.4, WARD NO.25, NEAR RTO OFFICER, CANTONMENT, BALLARI.

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…RESPONDENTS

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(BY SRI M. AMREGOUDA, ADVOCATE FOR R1; R2 AND R3 – NOTICE SERVED.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 19.12.2015, PASSED BY THE III ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI, IN MVC NO.996/2014, ETC.,.

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THESE MFA.CROB AND MFA COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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JUDGMENT

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Though these matters are listed for orders, with

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consent of both sides, taken up for final disposal.

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MFA.No.101054/2016 is filed by the Insurance

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Company, challenging the judgment and award dated

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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19.12.2015, passed by the Tribunal in MVC No.996/2014, seeking reduction of quantum of compensation. Whereas, MFA CROB No.100159/2016 is filed by the claimant seeking enhancement of compensation.

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Heard the arguments and perused the material placed before the Court.

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Brief facts of the case are that, on 07.03.2014 at about 6.45 p.m. the claimant was travelling on motorcycle bearing registration No.KA-35/X-5222 at Sandur in front of S.L.R.Factory. At that time, driver of the lorry bearing registration No.KA-34/2043 drove the vehicle in rash and negligent manner and dashed to the claimant who fell down and sustained injuries.

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In the present case, from the evidence placed

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on record, it is proved that claimant has suffered the following injuries.

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i) Lacerated wound 1x1 Cms. Right upper eye lid.

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ii) Abrasion right knee.

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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iii) Lacerated wound 1x1 Cms. Right knee. iv) Contusion of the left foot.

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The Tribunal has awarded compensation under

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various heads as follows:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Pain and suffering.	30,000
2.	Loss of amenities and happiness.	25,000
3.	Medical and incidental charges.	5,000
4.	Loss of earnings during treatment period.	10,000
5.	Loss of future earnings due to disability.	1,26,000
	Total:	1,96,000

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The quantum of compensation of Rs.30,000/-

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under the head pain and suffering, Rs.25000/-, under the head loss of amenities and Rs.5,000/- under the head incidental charges, awarded by the tribunal are found to be correct. Hence, they are kept intact. But the tribunal has awarded combined compensation under head medical and incidental expenses. Therefore, Rs.5,000/- is awarded towards medical expenses.

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- 6 - NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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The claimant has produced the Adhar Card,

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which shows the date of birth as 12.07.1956. The accident occurred on 07.03.2014. Therefore as on the date of accident, the age of the claimant is proved to be 58 years. But the tribunal has committed error in taking the age as 45 years. Further, as the accident was of the year 2014, notional income would be taken as Rs.7,500/- per month as recognized by the Karnataka State Legal Services Authority. The tribunal has held 15% functional disability, which is on higher side. The claimant is an agriculturist. Taking into consideration the nature of injuries suffered and disability occurred and avocation of the claimant is concerned as he is an agriculturist, 12% of functional disability is to be taken into consideration. The claimant was aged 58 years. Therefore, appropriate applicable multiplier is 9. Hence loss of future income due to disability is hereby reassessed and quantified as Rs.97,200/- (Rs.7,500 x 12% x 12 x 9).

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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Further, a compensation of Rs.22,500/-

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(Rs.7,500 x 3) is awarded under the head loss of earning during laid up period and treatment period for three months. Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards injuries, pain and suffering.	30,000
2.	Towards medical expenses.	5,000
3.	Towards loss of amenities.	25,000
4.	Towards loss of income during laid up period and medical treatment period.	22,500
5.	Towards incidental charges like attendant charges, food, nourishment, etc.,.	5,000
6.	Towards loss of future earning capacity.	97,200
	Total:	1,84,700

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Therefore, the claimant is entitled for compensation of Rs.1,84,700/- as against Rs.1,96,000/awarded by the tribunal i.e., reduced by Rs.11,300/-. The claimant is entitled for interest on the compensation at the rate of 6% p.a. from the date of filing of the petition till realization. The Insurance Company is directed to deposit

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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the amount of compensation within eight weeks from the

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date of receipt of certified copy of this judgment.

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Accordingly, I pass the following:

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ORDER

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i) The appeal filed by the insurance

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company in MFA No.101054/2016 is allowed in part.

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ii) The cross objection filed by the

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claimant in MFA CROB No.100159/2016 is dismissed.

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iii) The judgment and award dated 19.12.2015, passed by the III Addl. MACT, Ballari, in MVC No.996/2014, stands modified.

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iv) The claimant is entitled for total compensation of Rs.1,84,700/along with interest at the rate of 6% p.a. from the date of filing of the petition till realization.

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NC: 2023:KHC-D:8840 MFA.CROB No. 100159 of 2016 C/W MFA No. 101054 of 2016

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v) The insurance company shall deposit

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the compensation along with interest within eight weeks from the date of receipt of a copy of this judgment.

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vi) The remaining observations and findings made by the Tribunal in the aforesaid impugned judgment and award are kept in tact.

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vii) No order as to costs.

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viii) Draw award accordingly.

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SD/JUDGE

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SSP,MRK List No.: 2 Sl No.: 5 CT-ASC

The Manager v. I. Sirivallappa @ Sirimalappa

Case brief

What is this about?

What did the court decide?

The Manager v. I. Sirivallappa @ Sirimalappa

Case brief

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