Partly allowed

Mahadevaiah v. H M Devaraju

Karnataka HC11 Oct 2023MFA/3237/2013

Case brief

AI extract

What is this about?

The Hon'ble Karnataka High Court allowed a first appeal against a Motor Vehicle Accident judgment. The Court enhanced the compensation amount from Rs. 2,01,400/- to Rs. 2,70,131/- for permanent disability, medical expenses, pain and suffering, and other heads, directing the insurance company to deposit the amount.

What did the court decide?

Compensation enhanced from Rs. 2,01,400/- to Rs. 2,70,131/- with 6% interest; deposit directed within 8 weeks.

Mahadevaiah Vs H M Devaraju — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:37319 MFA No. 3237 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3237 OF 2013

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(MV-I)

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BETWEEN:

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MAHADEVAIAH S/O KENCHAIAH AGED ABOUT 33 YEARS BOOVANAHALLI VILLAGE KASABA HOBLI HASSAN TALUK, HASSAN

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…APPELLANT

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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(BY SRI. VINAY KUMAR T.,ADVOCATE)

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AND:

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H.M. DEVARAJU S/O MELEGOWDA HARALAHALLI VILLAGE KASABA HOBLI HASSAN TALUK, HASSAN (OWNER OF MOTO CYCLE)

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THE MANAGER NATIONAL INSURANCE COMPANY LTD. BUS STAND ROAD HASSAN CITY

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NC: 2023:KHC:37319 MFA No. 3237 of 2013

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…RESPONDENTS

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HASSAN

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(BY R1 - NOTICE SERVED;

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SRI. MALLIKARJUNA REDDY N.A.,ADVOCATE FOR; SMT. GOWHAR UNNISA.,ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED16.01.2013 PASSED IN MVC NO.1229/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This is an appeal filed by the claimant, aggrieved by the award passed in MVC.No.1229/2010 dated 16.01.2013 on the file of the Prl. Senior Civil Judge & Addl. MACT, Hassan.

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The claim petition is filed seeking compensation of an amount of Rs.3,54,000/- for the injuries sustained

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3 - NC: 2023:KHC:37319 MFA No. 3237 of 2013

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by the claimant and the court below had granted an amount of Rs.2,01,400/-. It is the case of the claimant that on 28.11.2009 at about 6.00 p.m. he was going by walk on left side of the M.G. Road in front of Petrol Bank, Hassan City. At that time, a motor cycle driven in a rash and negligent manner had dashed against the claimant from behind. Due to the impact, the claimant sustained multiple injuries and was admitted in Rajeev Hospital, Hassan and then shifted to NIMHANS Hospital, Bangalore where he was treated as an inpatient and injuries have

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resulted in permanent disability affecting his loss of future earning. According to the doctor he had sustained 40% disability to the limb and 13% to the whole body. The court below on the issue of the negligence had held that accident had taken because of the negligence on part of the driver of the offending vehicle and held that as it is insured, the insurance company is liable to pay the compensation. When it comes to the compensation, according to the doctor, claimant sustained left fronto temporal scalp hematoma and left fronto temporo parietal

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4 - NC: 2023:KHC:37319 MFA No. 3237 of 2013

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SDH with diffuse cerebral edema and he took treatment as

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an inpatient at Rajeev Hospital, Hassan and NIMHANs Hospital, Bangalore. Considering the injuries sustained by the claimant, under the head of pain and suffering the court below had granted an amount of Rs.20,000/-, considering the injuries, this court is inclined to grant an amount of Rs.40,000/-, towards the medical expenses

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court had granted an amount of Rs.41,291/- basing on the evidence produced by the claimant which is also reasonable. Then coming to transport, attendant and

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extra nourishment on these three heads, the court below had granted an amount of Rs.16,000/- which is a reasonable amount and no interference is called for. Towards loss of earning during the laid up period , the court had considered the income at Rs.4,000/-, applying the ratio in case of Ramachandrappa -Vs- The Manager, Royal Sundaram Alliance¹ this court is inclined to consider Rs.4,500/- as income and for three

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1 2011(13) SCC 236

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5 - NC: 2023:KHC:37319 MFA No. 3237 of 2013

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months, he is entitled for an amount of Rs.13,500/-. Then coming to the loss of future income due to disability , considering the disability at 40% to the whole body and 13% to the limb, by applying the multiplier i.e., Rs.4,500/- x 12 x 17 x 13/100 it comes to Rs.1,19,340/. Towards loss of amenities , as per the evidence of the doctor the claimant had lack of concentration and CT scan shows that ghotie changes in the left temporo parietal area and the said injuries may affect the area. Considering this the court below had granted an amount of Rs.10,000/- as this is a head injury, considering the evidence of the doctor, this court is inclined to grant an amount of Rs.30,000/- towards loss of amenities .

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V. MEKALA -vs- M. MALATHI AND ANOTHER² , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses .

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2 (2014) 11 SCC 178

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6 - NC: 2023:KHC:37319 MFA No. 3237 of 2013

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Altogether the claimant is entitled for an amount

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Rs.2,49,631/-.

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4. The claimant is entitled for compensation under

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the following heads:

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Sl. No.	Description of Items	C	ompensation Awarded
1.	Loss of income due to disability	Rs.	1,19,340/-
2.	Medical expenses	Rs.	41,291/-
3.	Pain and suffering	Rs.	40,000/-
4.	Loss of amenities	Rs.	30,000/-
5.	Transport, attendant and extra nourishment	Rs.	16,000/-
6.	Loss of earning during laid up period	Rs.	13,500/-
7.	Legal Expenses	Rs.	10,000/-
	Total	Rs.	2,70,131/-

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5. Accordingly, the appeal filed by the claimant is

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Allowed-in-part by enhancing the compensation amount

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from an amount of Rs.2,01,400/- to Rs.2,70,131/-.

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NC: 2023:KHC:37319 MFA No. 3237 of 2013

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(a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.

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(b) Respondent-Insurance Company shall deposit the said enhanced compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks.

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(c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay.

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(d) No Costs.

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Pending miscellaneous petitions, if any, shall

stand closed.

SD/JUDGE

List No.: 1 Sl No.: 17

Mahadevaiah v. H M Devaraju

Case brief

What is this about?

What did the court decide?

Mahadevaiah v. H M Devaraju

Case brief

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