Partly allowed

Hanamappa Sagarappa@Bhimappa Maradi v. Ameer Durgappa Bhovi

Karnataka HC13 Sept 2024MFA/100643/2014

Case brief

AI extract

What is this about?

In MFA No. 100643 of 2014, Karnataka HC allowed the appeal in part, modifying the award under MVC No. 452/2012. The Court enhanced total compensation from Rs. 73,000 to Rs. 177,600 based on 25% disability, loss of future earnings, and lost income during the laid-up period.

What did the court decide?

Total compensation enhanced to Rs. 1,77,600 with interest at 6% per annum; award modified accordingly.

Hanamappa Sagarappa@Bhimappa Maradi Vs Ameer… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 100643 OF 2014

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BETWEEN:

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HANAMAPPA SAGARAPPA @ BHIMAPPA MARADI, AGE: 67 YEARS, OCC: AGRICULTURAL COOLIE, IN PRESENTLY NIL, R/O: YADAHALLI VILLAGE, TQ: DIST: BAGALKOT.

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…APPELLANT

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(BY SRI. D.V. PATTAR, ADV FOR SRI. ANAND.R.KOLLI, ADV)

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AND:

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AMEER DURGAPPA BHOVI, AGE: 25 YEARS, OCC: OWNER OF THE VEHICLE BEARING NO. KA-29/U-3137, R/O: BEHIND PUSHPAK PALACE HOTEL, GADDANAKERI CROSS, GADDANAKERI VILLAGE, BAGALKOT.

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BHARATHI H M

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HIGH COURT OF KARNATAKA

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO., LTD., BELGAUM.

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…RESPONDENTS

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(R1-SERVED UNREPRESENTED;

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BY SRI.S.K. KAYAKAMATH, ADVOCATE FOR R2)

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THIS MFA FILED U/SEC.173(1) OF MV ACT 1988, PRAYS TO CALL ON RECORDS AND MODIFIED THE IMPUGNED JUDGMENT AND AWARD PASSED BY THE MACT-II BAGALKOT DATED 09.01.2014 IN MVC 452/2012 BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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2 - NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation as awarded by the Tribunal in judgment dated 09.01.2014 passed by the learned Member MACT-II, Bagalkot, in MVC No.452/2012.

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Brief facts of the appellant’s case are that, on 27.01.2012 while the appellant was returning home on his bicycle on Bagalkot-Lokapur PWD road on extreme left side, at that time, when he was near Umesh Meti complex of Gaddanakeri cross, at about 4:00pm, the rider of the motorcycle bearing registration No.KA.29.U.3137 drove the same in a rash and negligent manner and dashed against the claimant and as a result, he sustained injuries. He was shifted to Dr. Kerudi Hospital, Bagalkot where he took treatment. Hence, the claimant filed a petition seeking compensation. The Tribunal after recording evidence and on appreciating the oral and

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3 - NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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documentary evidence on record has awarded

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compensation as under:

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Sl.	HEADS		Amount in Rs.
No.
1	Pain and suffering		40,000/-
2	Medical expenses		30,000/-
3	Transportation charges		3,000/-
		TOTAL	73,000/-

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The appellant/claimant seeking

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enhancement of the compensation as awarded by the Tribunal, has filed this appeal.

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Heard the learned counsel for the appellant and the learned counsel for respondent No.2insurance company.

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Learned counsel for the appellant would contend that the Doctor who examined the injured/claimant has been examined as PW.3 and he has stated that the injured has sustained 25% disability to the whole body and the Tribunal has ignored the said evidence. He contends that the injured was working as a coolie and he was getting

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4 - NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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income and as per the chart prepared by the Legal Services Authority for settling the disputes before the Lok Adalat, notional income fixed for the year 2012 is Rs.6,500/-. The Tribunal has not awarded compensation towards attendant charges, loss of income during laid up period, food and nourishment and loss of amenities. With this, he prayed to allow the appeal.

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Learned counsel for the respondent No.2 would contend that the compensation awarded by the Tribunal is just and proper. With this, he prayed to dismiss the appeal.

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Having heard the learned counsel, the Court has perused the impugned judgment and the trial Court records.

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It is not in dispute that the accident occurred in the year 2012 and the claimant was aged 65 years. The Doctor, who treated the injured, has been examined as PW.3 and he has deposed that the

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5 - NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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injured has sustained 25% disability to the whole body. The Tribunal has ignored the said evidence. The Tribunal ought to have taken at least the disability to the whole body at 10%. As per the chart prepared by the Legal Services Authority for settlement of disputes before the Lok Adalat, notional income fixed for the year 2012 is Rs.6,500/per month. Therefore, the appellant/claimant is entitled to compensation under loss of future earnings in a sum of Rs.54,600/- (Rs.6,500/-x12x7x10%). The Tribunal has rightly awarded a sum of Rs.40,000/- towards pain and suffering and a sum of Rs.30,000/- towards medical expenses. The appellant/claimant was admitted in the hospital for three days and therefore, he is entitled to attendant charges in a sum of Rs.5,000/-. The Tribunal has not awarded any amount towards loss of income during laid up period. The appellant is entitled to a sum of Rs.13,000/- (Rs.6,500 x 2 months) towards loss of

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6 - NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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income during laid up period. Considering the nature of injuries and age of the injured, he is entitled to a sum of Rs.10,000/- towards food, nourishment and transportation charges and a sum of Rs.25,000/- towards loss of amenities.

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appellant/claimant is entitled to compensation as under:

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Sl.	HEADS	Amount in
No.		Rs.
1	Loss of future income	54,600/-
2	Pain and suffering	40,000/-
3	Attendant charges	5,000/-
4	Loss of amenities	25,000/-
5	Food and nourishment and transportation charges	10,000/-
6	Loss of income during laid up period	13,000/-
7	Medical expenses	30,000/-
	TOTAL	1,77,600/-

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The appellant is entitled to total

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compensation of Rs.1,77,600/as against

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Rs.73,000/- awarded by the Tribunal.

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In the result, the following

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7 - NC: 2024:KHC-D:13132 MFA No. 100643 of 2014

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ORDER

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The appeal is allowed in part. The judgment and award dated 09.01.2014 passed by the learned Member MACT-II, Bagalkot, in MVC No.452/2012 is modified. The appellant-claimant is entitled to total compensation of Rs.1,77,600/- with interest at 6% per annum from the date of petition till realization. Respondent No.2-insurance company shall deposit the compensation amount with interest within a period of six weeks from the date of receipt of certified copy of this judgment including the amount already deposited.

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The appellant is entitled to release of entire compensation amount.

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Draw the award accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv CT:ANB

Hanamappa Sagarappa@Bhimappa Maradi v. Ameer Durgappa Bhovi

Case brief

What is this about?

What did the court decide?

Hanamappa Sagarappa@Bhimappa Maradi v. Ameer Durgappa Bhovi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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