Partly allowed

Sri Shivaprasad R v. Sri H P Devakumar

Karnataka HC11 Sept 2023MFA/4059/2021

Case brief

AI extract

What is this about?

This appeal challenged the compensation award in a motor accident case. The High Court calculated the total permanent whole body disability at 13% and enhanced various heads of compensation, including a significant increase for future medical expenses, to grant total additional relief of Rs. 1,78,207/-.

What did the court decide?

An enhanced compensation of Rs. 1,78,207/- awarded along with interest at 6% p.a. from the date of petition.

Sri Shivaprasad R Vs Sri H P Devakumar — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:32646 MFA No. 4059 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO. 4059 OF 2021 (MV-I)

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BETWEEN:

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SRI SHIVAPRASAD R. S/O. RANGASWAMAIAH AGED ABOUT 37 YEARS R/O. ADAGONDANAHALLI KADABA HOBLI, GUBBI TALUK NOW RESIDING AT 3RD CROSS, SAJJANARA BEEDI KORATAGERE TOWN TUMAKURU DISTRICT.

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…APPELLANT

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(BY SRI SATHISHA T., ADVOCATE)

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AND:

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SRI H.P. DEVAKUMAR S/O. H. PADMARAJ AGED ABOUT 40 YEARS R/O. A.M. PALYA ROAD BHAGAVATHI LAYOUT SIRA GATE, TUMAKURU-572 101.

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THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., JAYADEVA COMPLEX B.H. ROAD, TUMAKURU NOW REPRESENTED BY THE REGIONAL MANAGER

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NC: 2023:KHC:32646 MFA No. 4059 of 2021

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UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, A -1 5TH FLOOR, KRISHI BHAVAN NEAR HUDSON CIRCLE BANGALURU-560 001.

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…RESPONDENTS

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(BY SRI SRINIVASA K.N., ADVOCATE FOR R.2; NOTICE TO R.1 IS DISPENSED WITH V/O. DATED O6.07.2022)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO MODIFY THE JUDGMENT AWARD DATED 03.02.2021 IN MVC NO.97/2019 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT., TUMAKURU, SITTING AT MADHUGIRI AND ENHANCE THE COMPENSATION AWARD AMOUNT.

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THIS APPEAL COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the judgment and award dated 03.02.2021 passed in MVC No.97/2019 by the Court of the

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IV Additional District Judge and MACT, TumakuruMadhugiri (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.

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For the sake of convenience, the parties are referred to herein as per their status before the Tribunal.

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3 - NC: 2023:KHC:32646 MFA No. 4059 of 2021

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Brief facts of the case are as follows:

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On 03.07.2018 at about 10.45 a.m. the petitioner

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was traveling on a motor cycle bearing registration No.KA-06-ET-2915 met with an accident near Sridevi Ladies Hostel, Tumakuru, with a lorry bearing registration No.KA-07-A-3835 being driven in a rash and negligent manner and duly insured with respondent No.2 - Insurance Company, because of which he sustained injuries.

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The Tribunal has awarded a compensation of Rs.3,74,000/- along with interest at the rate of 6% p.a. from the date of petition till realization. Not satisfied by the same, the petitioner has preferred this appeal.

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The petitioner, in the accident has suffered the following injuries:

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i. Sustained Grade II compound fracture both bones of left leg.

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ii. Left Zygomatic Maxillary complex fracture.

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NC: 2023:KHC:32646 MFA No. 4059 of 2021

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PW-2, being a Doctor and having examined the

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petitioner has opined that the petitioner has suffered a permanent disability to an extent of 39% to the left lower limb. The Tribunal has taken the total body disability at 10%. Given the nature of injuries and the permanent physical disability to the left lower limb being 39%, I am of the opinion, it would be appropriate to take the total permanent whole body disability at 13%.

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The accident occurred in the year 2018. The petitioner was aged 34 years 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.12,500/- per month. Given his age, a multiplier of '16' is adopted as per the law laid down by the Apex Court in

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SARLA VERMA & ORS V. DELHI TRANSPORT CORP.&

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ANR reported in 2009(6) SCC 121.

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5 - NC: 2023:KHC:32646 MFA No. 4059 of 2021

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Towards loss of future earnings the Tribunal has awarded a sum of Rs.1,72,800/-. Taking the notional income at Rs.12,500/-, multiplier of '16' and whole body disability at 13%, the petitioner would be entitled to a sum of Rs.3,12,000/- under this head (12,500x12x16x13%).

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Towards 'medical expenses' based on bills, a sum of Rs.1,17,707/- is awarded. Towards 'loss of amenities', a sum of Rs.30,000/- is awarded. Towards 'food, nourishment and conveyance charges' a sum of Rs.5,000/- is awarded. Towards 'attendant charges' a sum of Rs.5,000/- is awarded. Towards 'future medical expenses', a sum of Rs.25,000/- is awarded. Given the nature of injuries, I deem the same to be appropriate.

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Towards 'pain and suffering' a sum of Rs.9,000/- is awarded. Given the fact that there are two fractures, I deem it appropriate to enhance it to Rs.20,000/-.

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Towards 'loss of income during laid up period', no amount is awarded. Given the nature of injuries, three

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6 - NC: 2023:KHC:32646 MFA No. 4059 of 2021

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months is considered as the laid up period and a sum of Rs.37,500/- (12500x3) is hereby awarded.

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Thus, the petitioner is entitled to a total compensation of Rs.5,52,207/- as against Rs.3,74,000/awarded by the Tribunal. Accordingly, the petitioner is entitled to an enhanced compensation of Rs.1,78,207/- (Rs.5,52,207/- minus Rs.3,74,000/-).

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Given the bank rate of interest, I deem it appropriate to award interest at the rate of 6% p.a. on the enhanced compensation from the date of petition till realization. Hence, the following:

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ORDER

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(i) The appeal is allowed in part ;

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(ii) The petitioner is entitled to an enhanced compensation of Rs.1,78,207/- 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;

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(iii) Respondent No.2-Insurance company shall pay the enhanced compensation within a

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NC: 2023:KHC:32646 MFA No. 4059 of 2021

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period of six weeks from the date of receipt of the certified copy of the judgment and order;

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(iv) Office to draw modified award accordingly.

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SD/JUDGE

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VMB

Sri Shivaprasad R v. Sri H P Devakumar

Case brief

What is this about?

What did the court decide?

Sri Shivaprasad R v. Sri H P Devakumar

Case brief

What is this about?

What did the court decide?

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