Partly allowed

The Divisional Manager v. Kallappa

Karnataka HC12 Sept 2024MFA/101939/2020

Case brief

AI extract

What is this about?

The High Court modified judgments in three motor vehicle accident claims. It enhanced compensation awards by correcting the income calculation to Rs.8,750/month, increasing disability percentage from 10% to 15% for whole body, and adding attendant charges, directing the insurer to deposit the amounts with interest.

What did the court decide?

Modified three judgments awarding enhanced total compensation to claimants ranging from Rs.4,90,622 to Rs.5,15,589 with interest; directed insurance companies to deposit the amounts within six weeks.

The Divisional Manager Vs Kallappa — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF SEPTEMBER 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. 102119 OF 2020

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C/W MISCELLANEOUS FIRST APPEAL NO. 101939 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 101940 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 101941 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 102117 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 102118 OF 2020

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IN MFA NO.102119/2020

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BETWEEN:

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SANTOSH S/O. MADIWALAPPA MADIWALAR, AGE: 26 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. MORAB, TQ: NAVALGUND, DHARWAD-580112.

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…APPELLANT

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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MAHADEVAPPA S/O. GUDADAPPA GADDI, AGE: 54 YEARS, OCC: BUSINESS, R/O AO: PO: MORAB, TQ: NAVALGUND, DIST: DHARWAD - 580112.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., OPP. HEAD POST OFFICE, U. B. HILL, RAILWAY STATION ROAD, DHARWAD – 580001.

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…RESPONDENTS (BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2; R1-SERVED)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST PRAYS TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C NO.827/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT., NAVALGUND, DATED 04.11.2019 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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IN MFA NO.101939/2020 BETWEEN:

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THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, NATIONAL INSURANCE COMPANY LTD., OPPOSITE TO HEAD POST OFFICE, U. B. HILL, RAILWAY STATION ROAD, DHARWAD NOW REPRESENTED BY ADMINISTRATIVE OFFICER, REGIONAL OFFICE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI-580029.

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…APPELLANT

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(BY SRI. RAJESH B. RAJANAL, ADVOCATE)

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AND:

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KALLAPPA S/O. YELLAPPA MURGOD, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: MORAB, TALUK: NAVALGUND, DISTRICT: DHARWAD.

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MAHADEVAPPA S/O. GUDADAPPA GADDI, AGE: 51 YEARS, OCC: BUSINESS, R/O: AO:P.O. MORAB, TALUKA: NAVALGUND, DISTRICT: DHARWAD (OWNER OF TRACTOR BEARING NO.KA25-T-5236).

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…RESPONDENTS

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(BY SRI. HARISH S. MAIGUR, ADVOCATE FOR R1; R2-SERVED)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO CALL FOR THE RECORDS HEAR THE PARTIES AND MAY KINDLY BE SET ASIDE THE JUDGMENT DATED 04^TH NOVEMBER, 2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT NAVALAGUND IN MVC NO.825/2017 (MV) BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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IN MFA NO.101940/2020

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BETWEEN:

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THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, NATIONAL INSURANCE COMPANY LTD., OPPOSITE TO HEAD POST OFFICE, U. B. HILL, RAILWAY STATION ROAD, DHARWAD NOW REPRESENTED BY ADMINISTRATIVE OFFICER,

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	NC: 2024:KHC-D:13087
	MFA No. 102119 of 2020
	C/W MFA No. 101939 of 2020
	MFA No. 101940 of 2020
	MFA No. 101941 of 2020
	MFA No. 102117 of 2020
	MFA No. 102118 of 2020

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REGIONAL OFFICE, KUSUGAL ROAD, KESHWAPUR, HUBBALLI-580029.

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…APPELLANT

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(BY SRI. RAJESH B. RAJANAL, ADVOCATE)

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AND:

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SANTOSH S/O. MADIWALAPPA MADIWALAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: MORAB, TALUK NAVALGUND, DISTRICT: DHARWAD-580029.

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MAHADEVAPPA S/O. GUDADAPPA GADDI, AGE: 51 YEARS, OCC: BUSINESS, R/O: AO:P.O. MORAB , TALUKA: NAVALGUND, DISTRICT: DHARWAD (OWNER OF TRACTOR BEARING NO.KA25-T-5236).

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…RESPONDENTS

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(BY SRI. HARISH S. MAIGUR, ADVOCATE FOR R1; R2-SERVED)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO CALL FOR THE RECORDS HEAR THE PARTIES AND MAY KINDLY BE SET ASIDE THE JUDGMENT DATED 04^TH NOVEMBER, 2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT: NAVALAGUND IN MVC NO.827/2017 (MV) BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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IN MFA NO.101941/2020 BETWEEN:

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…APPELLANT

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(BY SRI. RAJESH B. RAJANAL, ADVOCATE)

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AND:

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MAHANTESH S/O. NAGAPPA MURAGOD, AGE: 25 YEARS, OCC: AGRICULTURE,

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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R/O: MORAB, TALUK: NAVALGUND, DISTRICT: DHARWAD-580029.

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MAHADEVAPPA S/O. GUDADAPPA GADDI, AGE: 51 YEARS, OCC: BUSINESS, R/O: AO:P.O. MORAB, TALUKA: NAVALGUND, DISTRICT DHARWAD (OWNER OF TRACTOR BEARING NO.KA25-T-5236).

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…RESPONDENTS

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(BY SRI. HARISH S. MAIGUR, ADVOCATE FOR R1; R2-SERVED)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO CALL FOR THE RECORDS HEAR THE PARTIES AND MAY KINDLY BE SET ASIDE THE JUDGMENT DATED 04^TH NOVEMBER, 2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT: NAVALAGUND IN MVC NO.826/2017 (MV) BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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IN MFA NO.102117/2020 BETWEEN:

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KALLAPPA S/O. YALLAPPA MURAGOD, AGE: 33 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. MORAB, TQ: NAVALGUND, DHARWAD - 580112.

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…APPELLANT

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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MAHADEVAPPA S/O GUDADAPPA GADDI, AGE: 54 YEARS, OCC: BUSINESS, R/O: AO: PO: MORAB, TQ: NAVALGUND, DIST: DHARWAD - 580112.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., OPP. HEAD POST OFFICE, U. B. HILL, RAILWAY STATION ROAD, DHARWAD – 580001.

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…RESPONDENTS (R1-SERVED; BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO ENHANCE THE COMPENSATION BY MODIFYING THE

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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JUDGMENT AND AWARD PASSED IN MVC NO.825/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., NAVALGUND, DATED 04.11.2019 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.102118/2020 BETWEEN:

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MAHANTESH S/O. NAGAPPA MURAGOD, AGE: 25 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. MORAB, TQ: NAVALGUND, DHARWAD-580112.

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…APPELLANT

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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MAHADEVAPPA S/O. GUDADAPPA GADDI, AGE: 54 YEARS, OCC: BUSINESS, R/O: AO: PO: MORAB, TQ: NAVALGUND, DIST: DHARWAD-580112.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., OPP. HEAD POST OFFICE, U. B. HILL, RAILWAY STATION ROAD, DHARWAD – 580001.

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…RESPONDENTS

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(R1-SERVED; BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN MVC NO.826/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., NAVALGUND, DATED 04.11.2019 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS 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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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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ORAL JUDGMENT

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MFA No.102119/2020 is filed by the claimant seeking enhancement of compensation and MFA No.101940/2020 is filed by insurance company challenging the quantum of compensation. Both the appeals are filed against the judgment and award passed in MVC No.827/2017 by the Court of Senior Civil Judge and Additional MACT, Navalgund.

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MFA No.101939/2020 is filed by the insurance company and MFA No.102117/2020 is filed by the claimants seeking enhancement. Both the appeals are filed challenging the quantum of compensation awarded in MVC No.825/2017 by the Court of Senior Civil Judge and Additional MACT, Navalgund.

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MFA No.102118/2020 is filed by the claimant seeking enhancement and MFA No.101941/2020 filed by

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the insurance company challenging the quantum of compensation awarded in MVC No.826/2017 by the Court

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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of Senior Civil Judge and Additional MACT, Navalgund. In all the three appeals filed by the insurance company, it has also challenged the liability.

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The brief facts of all three claim petitions are as

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under:

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On 20.10.2016 at about 11.00 hour the petitioner of MVC No.825/2017 was standing by the side of road, at that time the rider of motorcycle bearing Reg. No.KA25/EW-3346 came from Talemoraba towards Morab side along with pillion rider. When the said motorcycle came

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near the spot of accident i.e., opposite APMC, Morab village at that time the driver of tractor bearing Reg. No.KA-25/T-5236 came in a rash and negligent manner

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from Moraba to Talemorab and dashed to the motorcycle and thereafter dashed to the petitioner who is standing by the side of road. Due to the said accident, the petitioner sustained grievous injuries. Then he was shifted to SDM hospital, Dharwad and he was admitted as an indoor

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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patient and he spent Rs.1,00,000/- towards medical expenses. The said petitioner unable to move therefore, he had appointed one attendant. To the said attendant he is paying Rs.3,000/- per month. The petitioner was doing agricultural work and he was earning Rs.15,000/- per month.

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The petitioner of MVC No.826/2017 contended that on the above said date, place and time he was proceeding as a pillion rider in a motorcycle bearing Reg. No.KA-25/EW-3346 from Talemoraba to Morab side and when they came near the spot mentioned above the driver of tractor mentioned above dashed to their motorcycle at that time, the petitioner of MVC No.827/2017 was riding the said motorcycle. Due to the said accident, both the petitioners of MVC Nos.827/2017 and 826/2017 sustained grievous injuries and then they have admitted as an inpatients in SDM hospital Dharwad. Both of them have spent Rs.1,00,000/- each for medical expenses. They have appointed one servant to look after them separately

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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and they are paying Rs.3,000/- to said servants. Both of

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them were agriculturists, by which they were earning Rs.15,000/- each per month. The alleged accident took place only due to the rash and negligent act of driver of tractor mentioned above. Therefore, the petitioners of all petitions prayed that the respondent No.1 and 2 are jointly and severely liable to pay the compensation amount to them.

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The claimants made a petition claiming

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compensation and the tribunal after recording the evidence and appreciating the materials available on record has awarded the compensation as under:

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MVC No.825/2017:

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Medical expenses	: Rs.	62,622-00
Painand sufferings	: Rs.	30,000-00
Loss of Future Amenities	: Rs.	15,000-00
Attendant, Food and Nourishment charges	: Rs.	5,000-00
Loss of Future Income	: Rs.	1,02,000-00
Loss of Income during Laid Up period	: Rs.	5,000-00
Total	: Rs.	2,19,622-00

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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MVC No.826/2017:

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Medical expenses	: Rs.	69,092-00
Painand sufferings	: Rs.	30,000-00
Loss of Future Amenities	: Rs.	15,000-00
Attendant, Food and Nourishment charges	: Rs.	5,000-00
Loss of Future Income	: Rs.	1,08,000-00
Loss of Income during Laid Up period	: Rs.	5,000-00
Total	: Rs.	2,32,092-00

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MVC No.827/2017:

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Medical expenses	: Rs. 71,839-00
Pain and sufferings	: Rs. 30,000-00
Loss of Future Amenities	: Rs. 15,000-00
Attendant, Food and	: Rs. 5,000-00
Nourishment charges
Loss of Future Income	: Rs.1,08,000-00
Loss of Income during Laid Up period	: Rs. 5,000-00
Total	: Rs. 2,34,839-00

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The claimants in all three appeals have sought enhancement and the insurance company in all three appeals have challenged the liability and also the quantum of compensation awarded by the tribunal.

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Heard the learned counsel for the claimants and

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insurance company.

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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Learned counsel for insurance company would

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contend that there were three persons travelling on the motorcycle and therefore, there is a contributory negligence on the part of the claimants. He contended that the accident has occurred in the middle of the road and therefore, there is a contributory negligence on the part of the rider of the motorcycle also. He placed reliance on the certified copy of the spot panchanama which is at Ex.R.6.

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He contends that the claimant in MVC No.825/2017 has stated that only the motorcycle has dashed and therefore his claim should be against the rider/ owner of the motorcycle. He further contended that the tribunal has erred in taking the disability at 10% in all the three petitions. The evidence of the Doctor/ PW.4 is not the Doctor who treated the injured. The compensation awarded on all heads are on the higher side, with this he prayed to allow all the appeals preferred by insurance company.

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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Learned counsel for claimants would contend

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that the charge sheet has been filed against the driver of the tractor and therefore there is no question of any liability on the part of owner of the motorcycle as contended by the insurance company. The impact of accident is due to the tractor hitting the motorcycle and it is dashing against the claimant in MVC No.825/2017 and therefore, the liability to pay compensation is on the part

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of owner/ insurer of the tractor. He contends that the disability taken by the tribunal at 10% is on the lower side considering the injuries and fractures sustained by the claimants. The tribunal has taken the income of the injured at Rs.5,000/- and it ought to have taken Rs.8,750/- as per the chart prepared by the legal services authority for Lok-Adalat for the year 2016. He contends that considering the fractures, the compensation awarded

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by the tribunal for pain and suffering, future amenities, attendant charges and loss of income during the laid up

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period are on lower side, with this he prayed to enhance

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the compensation as awarded by the tribunal.

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Having heard the learned counsels, the Court

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has perused the impugned judgment and the trial Court records.

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Ex.P.6 is the certified copy of the charge sheet.

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Charge sheet has been filed against the driver of the tractor. The impact of the tractor hitting motorcycle, the claimants in MVC Nos.825/2017 and 826/2017 have sustained injuries. The said motorcycle dashed the claimant in MVC No.825/2017 and he has sustained injuries. As the charge sheet is filed against the driver of the tractor, the owner and insurer of the said tractor is liable to pay the entire compensation. Even though, the spot of accident is shown to be in the middle of the road as per the sketch shown in Ex.R.6/ spot panchanama, as the charge sheet is filed against the driver of the tractor, there is no question of any contributory negligence on the

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part of rider of the motorcycle. In view of the above, the

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owner/ insurer of the tractor is liable to pay the compensation to the claimants.

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MFA Nos.102119/2020 and 101940/2020 (MVC No.827/2017):

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The accident occurred in the year 2016 and as

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per a chart prepared for Lok-Adalat by the Legal Services Authority the notional income fixed for the year 2016 is Rs.8,750/-, the tribunal ought to have taken the said income instead of Rs.5,000/-. As per Ex.P.21/ disability certificate, the injured has sustained two fractures namely displaced fracture of shaft of tibia and displaced fracture shaft of fibula. Both the fractures are major fractures. PW.4/ Doctor who has treated the injured as an out patient at KIMS Hospital, issued the Ex.P.21/ disability certificate stating that the injured has sustained physical disability of 30% to the right lower limb. Considering the fact that the injured has sustained two major fractures, the disability taken by the tribunal at 10% is on the lower

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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side. The tribunal ought to have taken the disability of the whole body at 15%. Therefore, the loss of future income is Rs.2,83,500/-(Rs.8,750/-x12x18x15%). The tribunal has awarded the loss of income during the laid up period

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in a sum of Rs.5,000/-, tribunal has ought to have awarded loss of income during the laid up period (Rs.8,750/- x 3 months) Rs.26,250/-.

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The tribunal has awarded medical expenses in a sum of Rs.71,839/- and it is proper. Considering the two major fractures, the tribunal ought to have awarded Rs.60,000/- each under the head of pain and suffering and future amenities. The tribunal has not awarded attendant charges. The injured was admitted for a period of 14 days and therefore, he is entitled to attendant charges in a sum of Rs.14,000/-. In view of the above, the claimant in MVC No.827/2017 is entitled to compensation as under:

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- 16 - N MF C/W MF MF MF MF MF	C: 2024:KHC-D:13087 A No. 102119 of 2020 A No. 101939 of 2020 A No. 101940 of 2020 A No. 101941 of 2020 A No. 102117 of 2020 A No. 102118 of 2020
Medicalexpenses Rs.	71,839-00
Pain and sufferings Rs.	60,000-00
Loss of Future Amenities Rs.	60,000-00
Attendant, Food and Nourishment charges Rs.	14,000-00
Loss of Future Income Rs.	2,83,500-00
Loss of Income during Laid Up period Rs.	26,250-00
Total Rs.	5,15,589-00

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The claimant in MVC No.827/2017 is entitled to total compensation of Rs.5,15,589/as against Rs.2,34,839/- as awarded by the tribunal with interest at the rate of 6%per annum.

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In MVC No.825/2017(MFA 101939/2020 and MFA No.102117/2020)

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In Ex.P-10 disability certificate, the Doctor

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has stated that there is 30% disability to right lower limb. The claimant has sustained two fractures i.e., united fracture of tibia and united fracture of fibula. Considering the said aspect, the disability to the whole body as taken by the Tribunal at 10% is on the lower side. The disability has to be taken at 15% to the whole body. The Tribunal has taken the income of the claimant at Rs.5,000/- per month. It

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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ought to have taken the notional income fixed at

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Rs.8,750/- as per the chart prepared by the Legal Services Authority for the purpose of settlement of the matters before the Lok Adalat for the year 2016 and the multiplier applicable is 17. In view of the above, loss of future income is

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Rs.8,750x12x17x15%=2,67,750/-. The Tribunal has awarded loss of income during laid up period in a sum of Rs.5,000/-. It ought to have awarded loss of income for 3 months taking into consideration the income at Rs.8,750/- per month i.e. Rs.26,250/-. Considering two major fractures, the compensation awarded by the Tribunal towards pain and suffering and future amenities is on the lower side. The claimant is entitled to Rs.60,000/- towards pain and suffering and a sum of Rs.60,000/- towards loss of amenities. The claimant has been admitted in the hospital for 14 days and he is entitled for attendant charges of Rs.14,000/-. A sum of Rs.62,622/-

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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awarded by the Tribunal is as per bills and the same is just and proper.

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In view of the above, the claimant is

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entitled to compensation as under:

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Sl.	Heads	Amount in Rs.
No.
1	Loss of future income	2,67,750/-
2	Loss of income duringlaid up period	26,250/-
3	Medical expenses	62,622/-
4	Painand suffering	60,000/-
5	Loss of amenities	60,000/-
6	Attendant charges	14,000/-
	TOTAL	4,90,622/-

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The claimant is entitled to compensation of Rs.4,90,672/- as against Rs.2,19,622/- awarded by the Tribunal.

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MVC No.826/2017( MFA Nos.102118/2020 and 101941/2020)

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In Ex.P-15-disability certificate, the Doctor

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has stated that the injured has sustained 30% disability to right lower limb. The injured has sustained two fractures namely united fracture of

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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tibia and united fracture of fibula. Both are major fractures. Considering the said aspect, the disability to whole body taken by the Tribunal at 10% is on the lower side and it ought to have taken the disability of the whole body at 15%. The Tribunal

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has taken the income of the claimant at Rs.5,000/per month. It ought to have taken the notional income at Rs.8,750/- as per the chart prepared by the Legal Services Authority for the purpose of settlement of disputes before the Lok Adalat for the year 2016. The multiplier applicable is 18. In view of the same, the loss of future income is Rs.8,750/x12x18x15%=2,83,500/-.

¶171

The award of compensation under the head pain and suffering and loss of amenities is on the lower side. Considering the fact that the claimant has sustained two major fractures, he is entitled to pain and suffering in a sum of Rs.60,000/- and loss of amenities in a sum of Rs.60,000/-. The claimant

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

¶173

20 -

¶174

has been admitted in the hospital for 14 days and therefore, he is entitled to attendant charges of Rs.14,000/-. The claimant is entitled to loss of income during laid up period for 3 months at Rs.8,750/per month i.e., Rs.26,250/-. The Tribunal has awarded medical expenses in a sum of Rs.69,092/- is just and proper as it is as per the bills. In view of the above, the claimant is entitled to total compensation as under:

¶175

Sl.	Heads	Amount in Rs.
No.
1	Loss of futureincome	2,83,500/-
2	Loss of income during laid up period	26,250/-
3	Medicalexpenses	69,092/-
4	Pain and suffering	60,000/-
5	Loss of amenities	60,000/-
6	Attendant charges	14,000/-
	TOTAL	5,12,842/-

¶176

The claimant is entitled to total compensation of Rs.5,12,842/as against Rs.2,32,092/- awarded by the Tribunal.

¶177

In view of the above, the following

¶178

21 -

¶179

NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

¶180

ORDER

¶181

All the appeals are allowed in part. The

¶182

judgment and awards passed in MVC Nos.825/2017, 826/2017 and 827/2017 passed by the Court of Senior Civil Judge and Additional MACT, Navalgund, are modified.

¶183

The claimant in MVC No.825/2017 is entitled to total compensation of Rs.4,90,622/- with interest at 6% per annum from the date of petition till realization.

¶184

The clamant in MVC No.826/2017 is entitled to total compensation of Rs.5,12,842/- with interest at 6% per annum from the date of petition till realization.

¶185

The claimant in MVC No.827/2017 is entitled to total compensation of Rs.5,15,589/- with interest at 6% per annum from the date of petition till realization.

¶186

The insurance company is directed to deposit the entire compensation amount with interest in all

¶187

22 -

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NC: 2024:KHC-D:13087 MFA No. 102119 of 2020 C/W MFA No. 101939 of 2020 MFA No. 101940 of 2020 MFA No. 101941 of 2020 MFA No. 102117 of 2020 MFA No. 102118 of 2020

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the 3 appeals within a period of six weeks from the date of receipt of certified copy of this judgment, failing which, it is liable to pay interest at 9% per annum.

¶190

The amount in deposit is ordered to be transmitted to the Tribunal concerned.

¶191

The claimants are entitled to release of entire amount of compensation.

¶192

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶193

PJ Kmv from para 16 till end CT:ANB

The Divisional Manager v. Kallappa

Case brief

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The Divisional Manager v. Kallappa

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