Partly allowed

Mahantesh S/O Danappa Kundagol v. Shabbit Ahmed S/O Madarsab Doddamani

Karnataka HC15 Apr 2024MFA/101413/2022

Case brief

AI extract

What is this about?

The High Court allowed the first appeal in part, modifying the Tribunal's award. The court enhanced the compensation to Rs.5,39,700/- from Rs.3,50,500/-, covering heads including future loss of earnings, based on a redetermined disability and income.

What did the court decide?

Compensation enhanced to Rs.5,39,700/- with 6% p.a. interest, payable by the Insurance Company within six weeks.

Mahantesh S/O Danappa Kundagol Vs Shabbit Ahmed S/O… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:6366

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MFA No. 101413 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH 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. 101413 OF 2022 (MV)

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BETWEEN:

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MAHANTESH S/O. DANAPPA KUNDAGOL, AGE: 28 YEARS, OCC: AGRICULTURAL, NOW NIL, R/O. JEKINAKATTI, TQ: SAVANUR, DIST: HAVERI-581126.

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…APPELLANT

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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SHABBIT AHMED S/O. MADARSAB DODDAMANI, AGE: 43 YEARS, OCC: BUSINESS, R/O. MAKANGALLI, SHIGGAON, TQ: SHIGGON, DIST: HAVERI-581205.

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

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THE AUTHORISED SIGNATORY, IFFCO-TOKIO, GENERAL INDIA CO. LTD, 127/A, BHAVANI ARCADE, 3RD FLOOR, NEW OLD BUS STAND, OPP: BASAVA VANA, NEW COTTON MARKET, HUBBALLI-580029.

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(BY SRI. M. Y. KATAGI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

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…RESPONDENTS

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THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.11.2021 PASSED IN MVC NO.1146/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SHIGGOAN, PARTLY 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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NC: 2024:KHC-D:6366 MFA No. 101413 of 2022

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JUDGMENT

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This appeal is filed by the appellant/claimant seeking enhancement of compensation, being aggrieved by the judgment and award dated 18.11.2021 passed in MVC No.1146/2019 on the file of learned Senior Civil Judge and Addl. MACT, Shiggoan (for short, ‘Tribunal’).

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2. Learned counsel for the appellant submits that the Tribunal has committed an error in assessing the income as well as the disability of the appellant/claimant. He seeks to enhance the compensation on all other heads by allowing the appeal.

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3. Per contra, learned counsel for the respondent No.2/Insurance Company supports the impugned judgment and award of the Tribunal and submits that the assessment of the disability by the Tribunal at 15% is on the higher side as the appellant has sustained only one fracture. Hence, he submits that the award of compensation by the Tribunal is just and proper and does not call for any modification.

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4. I have heard learned counsel for the appellant and learned counsel for the respondent No.2/Insurance Company and perused the material available on record.

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3 - NC: 2024:KHC-D:6366 MFA No. 101413 of 2022

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5. The appellant met with road accident on 11.4.2019 and sustained fracture of tibia of right knee joint and other injuries. This court, taking note of the evidence available on record is of the considered view that the assessment of disability by the Tribunal is just and proper and the same is unaltered.

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6. The appellants income is notionally assessed at Rs.13,250/- p.m. placing reliance on the chart prepared by KSLSA. Keeping in mind the injury sustained by the appellant/claimant and other medical evidence available on record, this Court re-determines the compensation as under:

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HEADS	AMOUNT (in Rs.)
Towards pain and suffering	40,000/-
Towards Medical expenses	9,500/-
Diet, food, nourishment	15,000/-
Loss of future earnings due to disability (13,250 x 12 x 17 x 15 %)	4,05,450/-
Loss of amenities	30,000/-
Loss of income during laid-up period (13,250 x 3)	39,750/-
Total	5,39,700/-

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NC: 2024:KHC-D:6366 MFA No. 101413 of 2022

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7. Thus, the claimant shall be entitled to total

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compensation of Rs.5,39,700/- as against Rs.3,50,500/awarded by the learned Tribunal.

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8. 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.5,39,700/- as against Rs.3,50,500/- 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.

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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 the date of receipt of certified copy of this judgment.

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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:6366 MFA No. 101413 of 2022

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f) Draw modified award accordingly.

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Sd/JUDGE

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VB Ct-an List No.: 1 Sl No.: 46

Mahantesh S/O Danappa Kundagol v. Shabbit Ahmed S/O Madarsab Doddamani

Case brief

What is this about?

What did the court decide?

Mahantesh S/O Danappa Kundagol v. Shabbit Ahmed S/O Madarsab Doddamani

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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