The High Court of Karnataka allowed the Motor First Appeal in part, enhancing the compensation awarded by the Motor Accident Claims Tribunal for the Petitioner by Rs. 67,260/- along with interest.
Compensation enhanced by Rs. 67,260/- along with interest at 6% per annum from the date of the petition in the Tribunal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO. 2883 OF 2023 (MV-I)
BETWEEN:
S/O LATE A M ABDUL SALAM AGED ABOUT 50 YEARS R/A WARD NO.17, #34, NORANI MASIDI ROAD, CHIKKANALU, HASSAN-573201.
…APPELLANT
(BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
MYAGMA HDI GENERAL INSURANCE COMPANY LIMITED,2ND FLOOR, H M J C ROAD, 36, J C ROAD, NEAR MINERVA CIRCLE, BANGALORE-560002.
…RESPONDENTS
(BY SRI. PRADEEP B.,ADVOCATE FOR R1; V/O. DTD. 12.9.2023, NOTICE TO R2 IS DISPENSED WITH)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2023 PASSED IN MVC NO.90/2021 ON THE FILE OF THE MEMBER, ADDITIONAL MACT, SENIOR CIVIL JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Addl. Senior Civil Judge and Addl. M.A.C.T, Hassan (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.
On 04.08.2020 at about 9.00 a.m., while the petitioner was traveling on motor cycle bearing
registration No.KA-13-EK-7979 as a pillion rider, met with an accident near Thimmannakka Tank bund, Masarangala Village, Hassan District when the rider of the motor cycle drove it in a rash and negligent manner and it fell down. The motor cycle was duly insured with respondent No.2Insurance company at the time of accident.
a) A lacerated contaminated wound around 10x8 c.m.,
over the antero medical aspect of the right leg.
b) Fracture of Tibia and Fibula of right leg.
consequently, the petitioner has suffered a whole body disability of 9%. The same is not in dispute.
NC: 2023:KHC:32921 MFA No. 2883 of 2023
petitioner was aged 51 years at the time of accident and he has not established his income before the Tribunal. Hence, it is deemed appropriate to fix his income notionally as per the chart prepared by the Karnataka State Legal Services Authority in consultation with Insurance Companies which will be Rs.14,500/- per month. Given his age, a multiplier of '11' is adopted as per the law laid down by the Apex Court in SARLA VERMA & ORS V. DELHI TRANSPORT CORP.& ANR reported in 2009(6) SCC 121.
attendant charges a sum of Rs.3,500/- is awarded. I deem the same to be appropriate.
compensation from the date of petition till realization. Hence, the following:
ORDER
compensation of Rs.67,260/- along with interest at the rate of 6% p.a. from the date of petition before the Tribunal till realization which shall be over and above what has been awarded by the Tribunal;
(iii) Respondent No.2-Insurance company shall pay the enhanced compensation within a period of six weeks from the date of receipt of the certified copy of the judgment and order;
(iv) Office to draw modified award accordingly;
SSD
SD/JUDGE
2 issues framed by the court
Whether the compensation awarded under Section 166 of the Motor Vehicles Act requires enhancement based on thePetitioner's injuries and income.
The quantum of loss of future earnings, medical expenses, pain and suffering, and loss of amenities.
Colour shows how this judgement treated each authority
SARLA VERMA & ORS V. DELHI TRANSPORT CORP.& ANRApplied¶37
SARLA VERMA & ORS V. DELHI TRANSPORT CORP.& ANR reported in 2009(6) SCC 121 · Who else cites this
1 provisions across 1 enactments
Abdul Azeeer
The Manager, MYAGMA HDI General Insurance Company Limited
Abdul Shukur
M.I.Arun
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