Partly allowed

Shri. Rohit Shantaram Jadhav v. Shri Iragouda Siddagounda Kelaginamani

Karnataka HC22 Apr 2024MFA/101251/2022

Case brief

AI extract

What is this about?

High Court allowed the first appeal partially, enhancing compensation for a motor accident victim. The Court re-assessed income at Rs.6,500/month and awarded total compensation of Rs.5,05,605/-, including loss of future earning capacity.

What did the court decide?

Appeal allowed in part; compensation enhanced to Rs.5,05,605/-. Insurance company directed to deposit amount within six weeks.

Shri. Rohit Shantaram Jadhav Vs Shri Iragouda… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:6634 MFA No. 101251 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 101251 OF 2022 (MV-I)

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BETWEEN:

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SHRI. ROHIT SHANTARAM JADHAV, AGE: 31 YEARS, OCC: NIL, R/O. MANJARI, TQ: CHIKODI, DIST: BELGAUM.

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…APPELLANT

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(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)

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AND:

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SHRI. IRAGOUDA SIDDAGOUNDA KELAGINAMANI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. JAINAPUR, TQ: CHIKODI.

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Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, K. C. ROAD, NEAR PRABHAKAR TALKIES CHIKODI.

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(BY SRI. S. S. KOLIWAD, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

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…RESPONDENTS

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 30.04.2015 PASSED BY THE IN THE COURT OF SENIOR CIVIL JUDGE AND ADDL MACT, CHIKODI, AT: CHIKODI, M.V.C NO.183/2013 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2024:KHC-D:6634 MFA No. 101251 of 2022

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JUDGMENT

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Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

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2. This appeal is filed by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 30.04.2015 passed in MVC No.183/2013 on the file of the Senior Civil Judge and Addl. MACT, Chikodi (for short, ‘Tribunal’).

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3. I have heard the learned counsel Sri.Bahubali N. Kanabargi, appearing for appellant/injured and learned counsel Sri. S.S. Koliwad, appearing for respondent No.2.

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4. Learned counsel for the appellant submits that the Tribunal has committed grave error in assessing income as well as disability of the appellant/injured. He submits that the award of compensation by the Tribunal on all other heads is required to be enhanced appropriately, taking note of evidence available of record. Hence, he seeks to allow the appeal.

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5. Per contra, learned counsel Sri. S.S. Koliwad,

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appearing for the respondent No.2 supports the impugned

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NC: 2024:KHC-D:6634 MFA No. 101251 of 2022

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judgment and award of the Tribunal and seeks to dismiss the appeal.

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6. I have heard the arguments of learned counsel for the appellant/injured and learned counsel for respondent No.2 and perused the material available on record.

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7. The appellant met with a road accident on

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01.10.2012 and sustained injuries/fractures of:

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i. CLW over chin measuring 4x2x1 cm.

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ii. Compound fracture mandible.

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iii. Closed committed fracture middle 3^rd left humerus and other injuries.

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8. Taking note of the aforesaid fracture and

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considering the oral testimony of PW4 and 5, I am of the considered view that the Tribunal has justified in assessing the disability at 20% which is unaltered. This Court re-assesses the income of the appellant at Rs.6,500/- per month placing reliance on the notional income chart prepared by the KSLSA. This Court on re-appreciation of the oral evidence of the injured/appellant and Doctor’s evidence on record and keeping mind the medical records re-assess the loss of future income due to disability as under:

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4 - NC: 2024:KHC-D:6634 MFA No. 101251 of 2022

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Rs.6,500 x 12 x 18 x 20% = 2,80,800/-

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9. The appellant would be entitled to an additional sum of Rs.4,000/- under the head of pain and sufferings and additional sum of Rs.11,000/- is awarded under the head of Conveyance, nourishment and attendance charges. Rs.19,500/- (6,500x3) is awarded under the head of loss of income during the period of treatment. All the other heads are unaltered. Thus, in all, the claimant shall be entitled to modified compensation under the following heads:

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HEADS	AMOUNT (in Rs.)
Towards pain and suffering	40,000/-
Towards Conveyance, nourishment and attendant charges	15,000/-
Loss of income during laid-up period	19,500/-
Towards Medical expenses	90,305/-
Loss of future earning capacity due to disability	2,80,800/-
Marriage prospects	15,000/-
Loss of amenities and unhappiness	30,000/-
Future medical expense	15,000/-
Total	5,05,605/-

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10. Thus, the claimant shall be entitled to total compensation of Rs.5,05,605/- as against Rs.4,67,505/awarded by the learned Tribunal.

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NC: 2024:KHC-D:6634 MFA No. 101251 of 2022

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11. In the result, this Court proceeds to pass the

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following:

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ORDER

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a) Appeal stands allowed in part .

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b) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to total compensation of Rs.5,05,605/- as against Rs.4,67,505 /- awarded by the Tribunal.

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c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment, excluding for the delayed period of 1689 days in filing the appeal.

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d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from today.

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e) On such deposit, the same shall be released in favour of the appellant/claimant.

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NC: 2024:KHC-D:6634 MFA No. 101251 of 2022

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f) Registry to transmit the records forthwith to

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the Tribunal.

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g) Draw modified award accordingly.

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Sd/JUDGE

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RKM Ct-an List No.: 1 Sl No.: 53

Shri. Rohit Shantaram Jadhav v. Shri Iragouda Siddagounda Kelaginamani

Case brief

What is this about?

What did the court decide?

Shri. Rohit Shantaram Jadhav v. Shri Iragouda Siddagounda Kelaginamani

Case brief

What is this about?

What did the court decide?

What the court decided

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