Partly allowed

T. Jagadeesh S/O Thippanna v. Eranna S/O Nagappa

Karnataka HC27 Oct 2023MFA/20292/2011

Case brief

AI extract

What is this about?

In a miscellaneous first appeal, the High Court enhanced compensation awarded in a motor vehicle accident case. The Court assessed loss of future income based on the claimant's age and disability, increasing the total compensation from Rs.1,75,700 to Rs.8,02,500 along with adjusted interest rates.

What did the court decide?

Compensation enhanced to Rs.8,02,500 with interest at 6% p.a.; insurance company directed to deposit amount within eight weeks.

T. Jagadeesh S/O Thippanna Vs Eranna S/O Nagappa — Insurance | Karnataka HC (2023)

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NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.20292/2011 (MV)

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BETWEEN:

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T. JAGADEESH S/O THIPPANNA, AGE: 23 YEARS, OCC: LORRY CLEANER, R/O: NEAR DURGAMMA TEMPLE, LAXMIPURA VILLAGE, SANDUR TQ, BALLARI DIST.

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…APPELLANT

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(BY SRI S.M.KALWAD, ADVOCATE.)

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AND:

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ERANNA S/O. NAGAPPA, AGE: 27 YEARS, OCC: DRIVER, R/O: SEENA BASAPPA CAMP, TQ: SANDUR, DIST: BALLARI.

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.12.08 12:43:50 +0530

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J. MARUTHI RAO S/O. J. RAMCHANDRA RAO, AGE: MAJOR, OCC: OWNER, R/O: L.B.S COLONY, TQ: SANDUR, DIST: BALLARI.

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M/S. RELIANCE GENERAL INSURANCE CO. LTD., NO.40, 1^ST FLOOR, S.V.L. TOWERS, PARVATI NAGAR, BALLARI, REP. BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R3; R1 AND R2 – SERVICE OF NOTICE DISPENSED WITH.)

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2 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V.ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 04.11.2010, PASSED IN MVC NO.1314/2009, ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER MACT-VI, KUDLIGI, AND CONSEQUENTLY TO ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, ETC.,.

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THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimant challenging the judgment and award dated 04.11.2010, passed by the tribunal, in MVC No.1314/2009, seeking enhancement of compensation.

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The factum of accident, injuries sustained by

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the claimant in the accident and coverage of insurance are not in dispute in this case.

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

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In the present case the claimant has suffered the following injuries.

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Lost left eye and injuries all over the body.

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3 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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The tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and suffering.	15,000
2.	Towards loss of future income.	1,25,000
3.	Towards medical expenses.	15,700
4.	Towards disfiguration.	12,000
5.	Towards attendant charges.	3,000
6.	Towards loss of income during the period of treatment.	5,000
	Total:	1,75,700

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Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

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In the present case the claimant being a cleaner in lorry has suffered injuries resulting loss of left eye completely. Therefore the claimant has suffered 100% loss of vision of left eye. The claimant was aged 23 years old at

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the time of accident. The tribunal is correct in holding 50% disability. Accordingly as per the age group mentioned in

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National Insurance Company Limited vs. Pranay

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4 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar i n MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439, even in the case of injuries, certain income is to be added towards loss of future prospects in life. Considering the age of the claimant, 40% of the income is to be added towards loss of future prospects in life.

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The tribunal has committed an error in taking notional income as Rs.3,000/- per month. But considering the year of accident which occurred in the year 2007, the notional income would be Rs.4,000/per month. Considering the age of the claimant, the appropriate applicable multiplier is 18. Therefore, loss of future income

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5 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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due to disability including loss of future prospects in life is hereby re-assessed and quantified as Rs.6,04,800/(Rs.4,000 + 40% x 50% x 12 x 18).

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Further, the compensation of Rs.15,700/-

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awarded by the tribunal towards medical expenses and hospital charges is as per the actual bills and receipts produced; therefore, the same is kept intact.

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Further, considering the injuries sustained, a compensation of Rs.75,000/- towards injuries pain and suffering, Rs.50,000/- towards loss of amenities are awarded. Further, Rs.10,000/towards incidental expenses like food, nourishment, travelling, attendant charges, etc., and Rs.12,000/- towards loss of income during laid up and medical treatment period for a period of three months, is awarded.

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Further, a compensation of Rs.35,000/- is awarded towards disfiguration and loss of marriage prospects in life.

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6 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards injuries, pain and suffering.	75,000
2.	Towards medical expenses.	15,700
3.	Towards loss of amenities.	50,000
4.	Towards loss of income during laid up period and medical treatment period.	12,000
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	10,000
6.	Towards disfiguration and loss of marriage prospects in life.	35,000
7.	Towards loss of future earning capacity. (Rs.4,000 + 40% x 50% x 12 x 18).	6,04,800
	Total:	8,02,500

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Therefore, the claimant is entitled for total compensation of Rs.8,02,500/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,75,700/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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7 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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The tribunal awarded compensation along with interest at the rate of 8% p.a. The same is scaled down to 6% p.a. from the date of petition till realization.

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In the result, I proceed to 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 judgment and award dated 04.11.2010, passed by the Senior Civil Judge cum Member, MACT-VI, Kudligi, in MVC No.1314/2009, stands modified.

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iii) The claimant is entitled for total compensation of Rs.8,02,500/along with interest at the rate of 6% p.a. from the date of petition till its realization.

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iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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8 - NC: 2023:KHC-D:12613 MFA No. 20292 of 2011

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v) No order as to costs.

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vi) Draw award accordingly.

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Sd/JUDGE

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MRK List No.: 1 Sl No.: 26 CT-ASC

T. Jagadeesh S/O Thippanna v. Eranna S/O Nagappa

Case brief

What is this about?

What did the court decide?

T. Jagadeesh S/O Thippanna v. Eranna S/O Nagappa

Case brief

What is this about?

What did the court decide?

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