Partly allowed

Lokesh C v. Master Tharun

Karnataka HC17 Jan 2023MFA/3666/2015

Case brief

AI extract

What is this about?

High Court of Karnataka allowed multiple first appeals challenging motor accident compensation awards. The court ruled the insurance company is liable despite license discrepancies and enhanced compensation for three injured claimants, awarding an additional ~Rs. 1.95 million to one minor.

What did the court decide?

Insurance company to indemnify owner; owners' deposit refunded; claimants granted additional global compensation of Rs. 20,000 and enhanced compensation of Rs. 1,95,500.

Lokesh C Vs Master Tharun — Insurance | Karnataka HC (2023)

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 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.3666 OF 2015C/W. M.F.A. NOS.3596, 3597, 3599, 3665 AND 3667 OF 2015 (MV-I)

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IN MFA NO. 3666/2015

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BETWEEN:

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

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LOKESH C., S/O LATE CHOWDAPPA, AGED ABOUT 35 YEARS, YELWARA VILLAGE, KAMADENAHALLI POST, KOLAR TALUK -563 101.

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…APPELLANT

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(BY SRI. VISHWANATHA K., ADVOCATE)

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AND:

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MASTER THARUN, S/O K.V. ANAND KUMAR, AGED ABOUT 12 YEARS, SINCE MINOR REPRESENTED BY HIS FATHER AS NATURAL GUARDIAN, K.V. ANAND KUMAR, RESIDING OF MOCHAPALYA, BENGARPET CIRCLE, KOLAR - 563 101.

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT-401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDER KURLA ROAD, ANDHERI EAST, MUMBAI-400001.

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…RESPONDENTS

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(BY SRI. PAVANCHANDRA SHETTY H., ADVOCATE FOR R1; SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.115/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, AWARDING COMPENSATION OF RS.15,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 3596/2015

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BETWEEN:

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M.K. PRATHIMA, W/O K.V. SURENDRAKUMAR, AGED ABOUT 32 YEARS, R/O MOCHAPALYA, BANGARPET CIRCLE, KOLAR DISTRICT-563 114.

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…APPELLANT

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(BY SRI. PAVANCHANDRA SHETTY H., ADVOCATE)

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AND:

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LOKESH C, S/O LATE CHOWDAPPA,

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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YELWARA VILLAGE, KAMADENAHALLI POST, KOLAR TALUK-563 101.

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT-401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDER KURLA ROAD, ANDHERI EAST, MUMBAI-400 001.

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…RESPONDENTS

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(BY SRI. K. VISHWANATHA, ADVOCATE FOR R1; SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.114/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, AWARDING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 3597/2015

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BETWEEN:

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MASTER THARUN, S/O. K.V. ANAND KUMAR, AGED ABOUT 12 YEARS, SINCE MINOR REPRESENTED BY HIS FATHER AS NATURAL GUARDIAN, K.V. ANAND KUMAR,

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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R/O MOCHAPALYA, BANGARPET CIRCLE, KOLAR DISTRICT-563 114.

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…APPELLANT

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(BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE)

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AND:

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LOKESH C, S/O LATE CHOWDAPPA, YELWARA VILLAGE, KAMADENAHALLI POST, KOLAR TALUK -563 101.

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT-401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDER KURLA ROAD, ANDHERI EAST, MUMBAI-400 001.

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…RESPONDENTS

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(BY SRI. K. VISHWANATHA, ADVOCATE FOR R1; SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2;

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.115/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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IN MFA NO. 3599/2015

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BETWEEN:

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THANUJA, W/O K.V. ANAND KUMAR, AGED ABOUT 30 YEARS, R/O D.NO. 519, MOCHAPALYA, BANGARPET CIRCLE, KOLAR DISTRICT-563 114.

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…APPELLANT

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(BY SRI. H. PAVAN CHANDRA SHETTY, ADVOCATE)

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AND:

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LOKESH C, S/O LATE CHOWDAPPA, AGE: MAJOR YELWARA VILLAGE, KAMADENAHALLI POST, KOLAR TALUK -563 101.

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT-401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDER KURLA ROAD, ANDHERI EAST, MUMBAI-400 001. REP: BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. K. VISHWANATHA, ADVOCATE FOR R1; SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2)

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.116/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 3665/2015

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BETWEEN:

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LOKESH C., S/O LATE CHOWDAPPA, AGED ABOUT 35 YEARS, YELWARA VILLAGE, KAMADENAHALLI POST, KOLAR TALUK -563 101.

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…APPELLANT

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(BY SRI. VISHWANATHA K., ADVOCATE)

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AND:

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M.K.PRATHIMA, W/O K.V. SURENDRAKUMAR, AGED ABOUT 32 YEARS, RESIDING OF MOCHAPALYA, BENGARPET CIRCLE, KOLAR - 563 101.

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT-401, 4TH FLOOR, SANGAM COMPLEX, 127,

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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ANDER KURLA ROAD, ANDHERI EAST, MUMBAI-400 001.

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…RESPONDENTS

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(BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE FOR R1; SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.114/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, AWARDING COMPENSATION OF RS.15,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 3667/2015

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BETWEEN:

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LOKESH C., S/O LATE CHOWDAPPA, AGED ABOUT 35 YEARS, YELWARA VILLAGE, KAMADENAHALLI POST, KOLAR TALUK -563 101.

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…APPELLANT

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(BY SRI. VISHWANATHA K., ADVOCATE)

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AND:

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THANUJA, W/O K.V. ANAND KUMAR, AGED ABOUT 30 YEARS, R/O D.NO. 519, MOCHAPALYA,

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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BANGARPET CIRCLE, KOLAR-563 101.

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT-401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDER KURLA ROAD, ANDHERI EAST, MUMBAI-400 001.

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…RESPONDENTS

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(BY SRI. H. PAVANA CHANDRA SHETTY, ADV. FOR R1; RAVI S. SAMPRATHI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2015 PASSED IN MVC NO.116/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR, AWARDING COMPENSATION OF RS.2,39,300/- WITH INTEREST @ 6% P.A ON RS.1,09,700/-FROM THE DATE OF PETITION TILL REALIZATION.

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

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JUDGMENT

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MFA Nos.3666/2015, 3665/2015 and 3667/2015 are

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filed by the owner of the offending vehicle under Section

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173(1) of Motor Vehicles Act, 1988 (hereinafter referred to

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as 'MV Act' for short), questioning the judgment and

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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award passed in MVC Nos.115, 114 & 116 of 2013 dated 21.01.2015 by the MACT and I Addl. Senior Civil Judge, Kolar.

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MFA Nos.3596/2015, 3597/2015 and 3599/2015 are filed by the claimants seeking

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enhancement of compensation.

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The brief facts of the case are that on 30.04.2013 at about 10.30 p.m., the claimants were proceeding in a APE auto rickshaw bearing No.KA-07-7593 towards Mochapalya, Bangarpet Circle, Kolar, when the auto rickshaw reached near Doom Light circle, Kolar, the driver of the auto rickshaw drove the same in a rash and negligent manner and as a result, the auto rickshaw was turtle on the road and all of them fell and sustained injuries. Therefore, the claimants have preferred to file

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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claim petitions under Section 166 of the MV Act, seeking compensation.

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Heard the arguments on both sides and perused

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the records.

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Regarding Liability :

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In the present case, the offending vehicle auto

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rickshaw bearing No.KA-07-7593 which is light motor vehicle (transport). The driver of the auto rickshaw was holding driving licence to drive the light motor vehicle (non transport).

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The Tribunal has exonerated the Insurance

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Company and fastened the liability on the appellant/owner of the auto rickshaw. The issue involved is no longer res integra in view of the judgment of the Hon'ble Apex Court

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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in the case of Mukund Dewangan v. Oriental Insurance Company Limited, reported in AIR 2017 SC

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3668 . Therefore, the person who is holding the driving licence to drive light motor vehicle (non transport) is also competent to drive light motor vehicle (transport). Therefore, in this regard, the Insurance Company is liable to indemnify the owner as there is no fundamental breach is proved. Therefore, the appeal filed by the owner is liable to be allowed-in-part and the Insurance Company shall pay the compensation by indemnifying the owner of the auto rickshaw.

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Regarding Quantum of Compensation :

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In MFA No.3596/2015:

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In the present case, the Tribunal has granted

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the global compensation of Rs.15,000/- along with interest

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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at the rate of 6% p.a. from the date of petition till its realisation.

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The medical evidence on record proves that the

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claimant has suffered simple injuries and was treated as inpatient for one day. The claimant is a homemaker and coolie of aged 32 years. The claimant has produced total medical bills of Rs.2,727/-. The claimant has sustained hematoma over the left forehead, CT - Brain showed normal and the doctor has opined that the injury is simple in nature. Not only for medical expenses the claimant might have constrained to make expenditure for transportation, conveyance, follow-up treatment, etc. and has lost coolie work for those days. Therefore, by considering the overall facts and circumstances, it is just and proper to award additional global compensation of Rs.10,000/- along with interest at the rate of 6% p.a.

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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from the date of petition till its realisation, in addition to what has been awarded by the Tribunal.

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IN MFA No.3597/2015:

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In the present case, the Tribunal has granted the global compensation of Rs.15,000/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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The medical evidence on record proves that the claimant has suffered simple injuries. The claimant is a student and aged about 10 years. The claimant has produced 12 medical bills of Rs.3,707/-. The claimant has sustained injuries on the right elbow and head, which are simple in nature. Therefore, by considering the overall facts and circumstances, it is just and proper to award additional global compensation of Rs.10,000/- along with

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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interest at the rate of 6% p.a. from the date of petition till its realisation, in addition to what has been awarded by the Tribunal.

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IN MFA.NO.3599/2015

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The Tribunal has awarded the compensation

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under various heads as follows:

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1	Pain and sufferings	Rs.25,000/-
2	Medical expenses	Rs.63,000/-
3	Incidental charges	Rs.7,200/-
4	Loss of income during laid up period	Rs.13,500/-
5	Future loss of income due to disability	Rs.1,29,600/-
6	conveyance	Rs.1,000/-
	TOTAL	Rs.2,39,300/-

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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In the present case, as per medical evidence and wound certificate coupled with the doctor’s evidence, it is proved that the claimant has suffered lacerated wound over left leg anterior medial aspect measuring 15x6 cms., with abnormal mobility, crepitus, tenderness, X-ray shows fracture of both bones of left leg.

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The claimant was a coolie and was earning Rs.6,000/- p.m. The claimant was aged 29 years as on the date of the accident. The doctor has stated that the claimant has suffered disability at 44% to lower limb and whole body disability is assessed at 15%. The Tribunal has taken the disability at 15%, which is found to be correct. As the claimant was aged 29 years as on the date of the accident, the appropriate multiplier applicable is 17. Considering the accident occurred on 30.04.2013, the notional income of the claimant is to be taken at

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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Rs.8,000/- as per the Notional Income Chart recognized by the Karnataka State Legal Service Authority. Therefore, compensation under the head loss of future income due to disability is re-assessed and quantified as follows:

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Rs.8,000/- x 15% x 17 x 12=Rs.2,44,800/-

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Accordingly, compensation of Rs.2,44,800/- is

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awarded under the head loss of future income due to disability.

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The compensation of Rs.25,000/- awarded

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under the head pain and suffering is on the lesser side and the same is enhanced to Rs.40,000/-.

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The compensation of Rs.63,000/- awarded

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under the head medical expenses is as per the actual bills produced. Hence, it is kept in tact.

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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Further compensation of Rs.13,500/- awarded under the head loss of income during laid up period is on the lesser side. By taking the income at Rs.8,000/- pm., for a period of four months, compensation of Rs.32,000/- is awarded under the head loss of income during laid up period.

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The Tribunal has awarded compensation of Rs.7,200/- under the head incidental charges, and Rs.1,000/- awarded under the head conveyance, which are on the lesser side and the same is enhanced to

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Rs.20,000/- under the said heads .

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The Tribunal has not awarded compensation under the head loss of amenities. Hence, compensation of Rs.35,000/- is awarded under the head loss of amenities.

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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Thus, in all, the appellant/claimant is entitled to

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the compensation as follows:

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1	Pain and sufferings	Rs.40,000/-
2	Medical expenses	Rs.63,000/-	Kept in tact
3	Incidental charges, conveyance	Rs.20,000/-
4	Loss of income during laid up period	Rs.32,000/-
5	Future loss of income due to disability	Rs.2,44,800/-
6	Loss of amenities	Rs.35,000/-
	TOTAL	Rs.4,34,800/-

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The Tribunal has awarded compensation of

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Rs.2,39,300/-, but the appellant/claimant is entitled to total compensation of Rs.4,34,800/- . Hence, the appellant/claimant is entitled to enhanced compensation of Rs.1,95,500/- (Rs.4,34,800/Rs.2,39,300/-).

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,95,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal. Accordingly, I proceed to pass the following:

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ORDER

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i. MFA Nos.3666/2015, 3665/2015 and 3667/2015 filed by the owner of the offending vehicle are allowed in part .

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ii. MFA Nos.3596/2015, 3597/2015 and 3599/2015 filed by the claimants are allowed in part .

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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iii. The impugned judgment and award passed in

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MVC Nos.115, 114 & 116 of 2013 dated 21.01.2015 by the MACT and I Addl. Senior Civil Judge, Kolar, is modified to the extent that the appellant/claimant in MFA No.3596/2015 is entitled to additional global compensation of Rs.10,000/- along with interest at the rate of 6% p.a. from the date of petition till its realisation, in addition to what has been awarded by the Tribunal. The appellant/claimant in MFA.No.3597/2015 is entitled to additional global compensation of Rs.10,000/- along with interest at the rate of 6% p.a. from the date of petition till its realisation, in addition to what has been awarded by the Tribunal. The appellant/claimant is entitled to enhanced

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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compensation of Rs.1,95,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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iv. Respondent No.2- Insurance Company shall pay the compensation to the claimants by indemnifying the owner of autorickshaw bearing Reg.No.KA.07-7593.

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v. No order as to costs

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vi. The amount in deposit made by the owner of the offending vehicle shall be refunded to the owner of autorickshaw bearing Reg.No.KA.077593.

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MFA No. 3666 of 2015 C/W. MFA No. 3596 of 2015 MFA No. 3597 of 2015 MFA No. 3599 of 2015 MFA No. 3665 of 2015 MFA No. 3667 of 2015

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vii. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.

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viii. Draw award accordingly.

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Sd/JUDGE

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KA/PB

Lokesh C v. Master Tharun

Case brief

What is this about?

What did the court decide?

Lokesh C v. Master Tharun

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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Case details

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