Partly allowed

Sri S R Chinnaswamy Reddy v. M/S Smr Builders Pvt., Ltd.

Karnataka HC12 Jul 2024MFA/1058/2019

Case brief

AI extract

What is this about?

In a First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, the Karnataka High Court enhanced compensation from Rs. 7,79,400 to Rs. 9,14,189 for a claimant who suffered degloving injury to the left foot, adjusting disability percentage and notional income.

What did the court decide?

The appeal was allowed in part, increasing total compensation to Rs. 9,14,189 with interest at 6% p.a., to be paid by the insurance company.

Sri S R Chinnaswamy Reddy Vs M/S Smr Builders Pvt… — Motor Accident Claims | Karnataka HC (2024)

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- 1 - NC: 2024:KHC:27046 MFA No. 1058 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 1058 OF 2019 (MV-I)

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BETWEEN:

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SRI. S.R. CHINNASWAMY REDDY, S/O S.L. RAMAIAH REDDY, AGED ABOUT 64 YEARS, R/A SORAHUNASE VILLAGE, VARTHUR POST, BENGALURU EAST TALUK, BANGALORE DISTRICT.

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…APPELLANT

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(BY SRI. B.C. THIPPE SWAMYA DVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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M/S. SMR BUILDERS PVT. LTD., SMR VINAY ESTATE COMMERCIAL BLOCK NO.402, 4TH FLOOR, NEAR HORAMAVU JUNCTION, OUTER RING ROAD, BANGALORE - 25.

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THE LEGAL MANAGER, M/S. RELIANCE GENERAL INSURANCE CO. LTD., NO.28, 5TH FLOOR, CENETARY BUILDING, M.G. ROAD, BENGALURU.

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…RESPONDENTS (BY SRI. SHREE PADA RAJA G, ADVOCATE FOR R1; SRI. T.N. MALATHI, ADVOCATE FOR R2; VIDE ORDER DATED 24.08.2023 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.09.2018 PASSED IN MVC NO.3861/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL

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NC: 2024:KHC:27046 MFA No. 1058 of 2019

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CAUSES JUDGE & XX ACMM, & MEMBER MACT, BENGALURU [SCCH-24], 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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JUDGMENT

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This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the award dated 17.09.2018 in MVC No. 3861/2015 passed by the learned XXII Addl. Small Causes Judge & XX A.C.M.M. and Member M.A.C.T., Bengaluru.

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The claimant filed a claim petition under Section 166 of the MV Act on account of sustaining injuries in a road traffic accident on 09.06.2015. The Tribunal awarded a total compensation amount of Rs. 7,79,400/- with interest at the rate of 8% p.a. from the date of the petition until the date of realization. The claimant, in this appeal, is seeking an enhancement of the compensation.

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Heard the learned counsel for the parties and perused the Trial Court records.

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The claimant's sustaining of accidental injuries on 09.06.2015 is not in dispute, and at that time, he was 66 years old. Due to the accident, the claimant suffered a degloving injury to the left foot, exposed ankle joint, left fibula, lower 1/3rd, and both

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3 - NC: 2024:KHC:27046 MFA No. 1058 of 2019

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malleolus. The doctor, who was examined as P.W.4, assessed the permanent disability to the lower limb at 50%. The Tribunal, instead of assessing the permanent disability at 17%, assessed it at 15%. In the absence of proof of income, the notional income of the claimant is assessed at Rs. 9,000/- p.m., as per the chart issued by the Karnataka State Legal Aid Services Authority, as opposed to Rs. 6,000/- p.m. assessed by the Tribunal. Given the nature of injuries sustained, the functional disability, and re-assessment of notional income, the compensation awarded by the Tribunal is reassessed as follows:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	50,000/-	75,000/-
Food, nourishment, conveyance	40,000/-	50,000/-
Charges & Attendant charges
Medical expenses	6,11,389/-	6,11,389/-
Loss of income during the period	24,000/-	36,000/-
of treatment
Loss of future earnings	54,000/-	91,800/-
Loss of amenities		50,000/-
Total	7,79,400/-	9,14,189/-

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In the result, the appeal is allowed-in-part . The judgment of the Claims Tribunal is modified. The claimant is entitled for a total compensation of Rs.9,14,189/- as against Rs.7,79,400/- awarded by the Tribunal.

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NC: 2024:KHC:27046 MFA No. 1058 of 2019

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The entire compensation amount including enhanced compensation shall carry interest at the rate of 6% p.a. from the date of filing the petition till the date of realization.

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The respondent No.2/Insurance Company is fastened with the liability to pay entire compensation amount along with the accrued interest.

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To this extent, the impugned award stands modified.

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Sd/JUDGE

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HDK

Sri S R Chinnaswamy Reddy v. M/S Smr Builders Pvt., Ltd.

Case brief

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Sri S R Chinnaswamy Reddy v. M/S Smr Builders Pvt., Ltd.

Case brief

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