Partly allowed

Savita W/O Shanmukhappa Badiger v. Mr. Manju S/O Fakkirappa Kotihal

Karnataka HC8 Aug 2024MFA/101430/2023

Case brief

AI extract

What is this about?

The High Court allowed the First Appeal filed by an injured appellant against inadequate compensation awarded in a motor vehicle accident case. The Court enhanced the compensation amount, directing the respondents to deposit the increased sum with interest, considering the nature of the fractures and the appellant's occupation.

What did the court decide?

Compensation enhanced to Rs.66,250/- with 6% interest from the date of petition; Respondents to deposit 50% each within six weeks.

Savita W/O Shanmukhappa Badiger Vs Mr. Manju S/O… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11331 MFA No. 101430 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF AUGUST 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 101430 OF 2023

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BETWEEN:

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SAVITA W/O. SHANMUKHAPPA BADIGER, AGE: 31 YEARS, OCC: HOUSE WORK AND TAILORING, R/O: MEDLERI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

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AND:

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MR. MANJU S/O. FAKKIRAPPA KOTIHAL, AGE: 45 YEARS, OCC: BUSINESS, R/O: MEDLERI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI - 581109 (OWNER OF ACE MAGIC VEHICLE BEARING REG. NO.KA 17/B-1687)

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BHARATHI Location:HIGH H M COURT OFKARNATAKA

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THE LEGAL CLAIMS MANAGER, HDFC ERGO GIC LTD., 1^ST FLOOR, VIRUPAKSHAKRUPA, OPP. KIMS MAIN GATE, P.B.ROAD, VIDYANAGAR, HUBBALLI – 580020.

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DR. PRAKASH S/O. MALLESHAPPA KATAGI, AGE: 36 YEARS, OCC: BUSINESS, R/O: SHREE MALATESH KRUPA BANASHANKARI NAGAR, MRUTHYUNJAYA NAGAR, RANEBENNUR – 581115, DIST: HAVERI. (OWNER OF GRAND I-10 CAR BEARING REG. NO. KA 27/M 9401)

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NC: 2024:KHC-D:11331 MFA No. 101430 of 2023

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THE LEGAL CLAIMS MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., HALL MARK BUILDING, 3^RD DESAI CROSS, (BESIDE INDUSIND BANK) HUBBALLI 29).

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…RESPONDENTS

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(NOTICE TO R1 AND R3 DISPENSED WITH VIDE COURT ORDER DATED 21.04.2023.

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BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2 AND R4)

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THIS MFA FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, PRAYED THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF THE PRL. SENIOR CIVIL JUDGE AND AMCT, RANEBENNUR, DATED 15.10.2022 IN MVC NO.851/20196 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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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/petitioner

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challenging inadequate compensation awarded by the learned Principal Senior Civil Judge and AMACT, Ranebennur in MVC No.851/2019 dated 15.10.2022.

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Heard the learned counsel for the appellant and the learned counsel appearing for respondent Nos.2 and 4.

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The learned counsel appearing for the appellant would contend that the appellant has

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3 - NC: 2024:KHC-D:11331 MFA No. 101430 of 2023

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sustained displaced fracture of spinous process of C6 vertebra and it is a major fracture and the compensation awarded under the head pain and suffering, food, diet and nourishment, attendant charges and traveling expenses, amenities and loss of income during laid up period are on the lower side. The appellant/petitioner is a lady doing household work and tailoring and the said injury has caused lot of pain and sufferings and it affects her routine household work and tailoring work. On these grounds, he prayed for enhancement of compensation.

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Learned counsel for respondent Nos.2 and 4 submits that the compensation awarded by the Tribunal is proper and adequate.

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

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The would certificate Ex.P-5 indicates that the appellant/petitioner has sustained displaced

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4 - NC: 2024:KHC-D:11331 MFA No. 101430 of 2023

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fracture of spinous process of C6 vertebra and Ex.P10-discharge summary indicates that she was admitted as an inpatient for 4 days. The appellant/petitioner being a lady doing household work and also tailoring, the said fracture affects her daily work and she might have suffered lot of pain and considering the said aspect, the compensation awarded under the pain and suffering requires to be enhanced to Rs.50,000/- as against Rs.30,000/awarded by the Tribunal. The Tribunal has awarded Rs.5,000/for food, diet and nourishment. Rs.2,000/each is awarded towards attendant charges and traveling expenses. Considering the fracture suffered by the appellant/petitioner, she is entitled to compensation of Rs.15,000/- as against Rs.9,000/- awarded by the Tribunal under the aforesaid heads.

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The appellant/petitioner was aged 28 years as on the date of the accident. Considering the age and fracture suffered, the appellant is entitled to

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5 - NC: 2024:KHC-D:11331 MFA No. 101430 of 2023

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compensation under the head loss of enjoyment of future amenities in life in a sum of Rs.40,000/- as against Rs.30,000/- awarded by the Tribunal. The Tribunal has awarded Rs.5,000/- towards loss of income during laid up period. The

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appellant/petitioner is entitled to loss of income during laid up period in a sum of Rs.35,250/- which is calculated for 3 months taking into consideration her income at Rs.11,750/- per month as against Rs.5,000/- awarded by the Tribunal. The amount awarded towards medical expenses and loss of future earning capacity in a sum of Rs.10,253/- and Rs.2,79,490/- respectively is just and proper and the same remain undisturbed. Considering all these aspects, the appellant/petitioner is entitled to enhanced compensation of Rs.66,250/- along with interest at 6% per annum from the date of petition till the date of realisation.

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In the result, the following

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6 - NC: 2024:KHC-D:11331 MFA No. 101430 of 2023

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ORDER

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The appeal is allowed in part. The judgment and award dated 15.10.2022 passed by the learned Principal Senior Civil Judge and AMACT, Ranebennur, in MVC No.851/2019 is modified. The appellant/petitioner is entitled to enhanced compensation of Rs.66,250/- with interest at 6% per annum from the date of petition till realization. The liability of respondent Nos.2 and respondent No.4 is 50% each. Respondent Nos.2 and 4 are directed to deposit the enhanced compensation to the extent of 50% each with interest within a period of six weeks from the date of receipt of certified copy of this order.

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Registry to draw the award accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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CT: abn

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kmv

Savita W/O Shanmukhappa Badiger v. Mr. Manju S/O Fakkirappa Kotihal

Case brief

What is this about?

What did the court decide?

Savita W/O Shanmukhappa Badiger v. Mr. Manju S/O Fakkirappa Kotihal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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