Partly allowed

Mallesh v. Sunil Chatra

Karnataka HC20 Jan 2023MFA/7075/2018

Case brief

AI extract

What is this about?

The High Court allowed the Miscellaneous First Appeal in part, enhancing the compensation awarded by the Motor Accident Claims Tribunal. The court increased the accident-related disability from 20% to 24% based on medical evidence, resulting in an enhanced compensation of Rs. 2,30,512/-. Interest of 12% per annum was granted from one month post-accident, though interest for the 23-day appeal delay

What did the court decide?

Enhanced compensation of Rs. 33,704/- along with interest at 12% p.a. from expiry of one month from the date of accident; appeal dismissed to the extent of interest for 23-day appeal delay.

Mallesh Vs Sunil Chatra — Motor Accident Claims | Karnataka HC (2023)

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MFA No. 7075 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7075 OF 2018 (WC)

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BETWEEN:

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MALLESH S/O PAPANNA AGED ABOUT 45 YEARS, R/O NO.25, LOWER HUTTA COLONY BLOCK NO.465, BHADRAVATHI SHIVAMOGGA DIST., PIN CODE-577301.

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…APPELLANT

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(BY SRI. SANDESH SHETTY T., ADVOCATE)

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

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AND:

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SUNIL CHATRA S/O SACHIDANANDA CHATRA MAJOR SRI DURGAMBHA MOTORS MAIN ROAD, KUNDAPURA UDUPI DIST-576201

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RELIANCE GENERAL INSURANCE CO LTD., NO.28, 5^TH FLOOR, CENTENARY BUILDING, EAST WING, M G ROAD, BANGALORE-560001

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…RESPONDENTS

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(BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R2, V/O DT:28/8/19 NOTICE TO R1 D/W)

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MFA No. 7075 of 2018

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THIS MFA IS FILED U/S 30(1) OF EMPLOYEE’S COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED:26/05/2018, PASSED IN ECA NO.03/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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The present appeal is filed by the appellant/claimant challenging the judgment and award dated 26.05.2018 in ECA.No.03/2016 passed by the Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Kundapura, for seeking enhancement of compensation.

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Brief facts of the case are that, on 25.08.2013 at about 5.30 p.m., when the claimant was driving the bus near Shiroor Village of Kundapura Taluk, at that time, the accident was occurred.

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Heard the arguments from both sides and

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perused the records.

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MFA No. 7075 of 2018

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In the present case, the learned

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Commissioner/Tribunal by taking the physical disability at 20% and by holding the income at Rs.8,000/- pm., has awarded compensation of Rs.1,68,518.40. But considering the nature of injuries sustained by the claimant, it is just and proper to hold disability at 24% as stated by the doctor-P.W.2 and that is to be considered. The monthly wage and relevant factor taken by the learned Commissioner/Tribunal is correct. Therefore, loss of earning capacity due to disability is re-assessed and quantified as follows:

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Rs.8,000/- x 60% x 24%x 175.54=Rs.2,02,222/-

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Accordingly, compensation of Rs.2,02,222/- is

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awarded under the head loss of earning capacity due to disability.

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MFA No. 7075 of 2018

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The compensation of Rs.28,290/- awarded by the learned Commissioner/Tribunal under the head

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medical expenses is not disputed. Hence, it is kept in tact.

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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	loss of earning capacity due to disability	Rs.	2,02,222/-
2	Medical expenses	Rs.	28,290/-	Kept in tact
	TOTAL	Rs.	2,30,512/-

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The Tribunal has awarded compensation of Rs.1,96,808/-, but the appellant/claimant is entitled to total compensation of Rs.2,30,512/- . Hence, the appellant/claimant is entitled to enhanced compensation of Rs.33,704/- (Rs.2,30,512/- - Rs.1,96,808). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.33,704/- along with interest at the rate of 12% per annum from expiry of one month from the

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MFA No. 7075 of 2018

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date of accident till realization, in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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ORDER

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i. Appeal is allowed-in-part .

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ii. The impugned judgment and award dated 26.05.2018 in ECA.No.03/2016 passed by the Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Kundapura, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.33,704/- along with interest at the rate of 12% per annum from expiry of one month from the date of accident till realization, in addition to what has been awarded by the Tribunal.

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iii. No order as to costs.

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MFA No. 7075 of 2018

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iv. The appellant/claimant is not entitled for interest for the delay period of 23 days in filing the appeal.

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

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vi. Draw award accordingly.

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Sd/JUDGE

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List No.: 1 Sl No.: 34

Mallesh v. Sunil Chatra

Case brief

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What did the court decide?

Mallesh v. Sunil Chatra

Case brief

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What did the court decide?

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