Allowed

Sri B N Nagesh v. Sri Ravikumara

Karnataka HC15 Mar 2024MFA/1246/2014

Case brief

AI extract

What is this about?

High Court held Special Jurisdiction First Appeal allowing enhanced compensation in a motor accident case. Court enhanced awards for pain, sufferings, future medical expenses, loss of income, amenities, and incapacitation, making total compensation Rs.2,54,500/-.

What did the court decide?

Enhanced compensation of Rs.64,500/- with interest at 6% per annum awarded; total compensation enhanced to Rs.2,54,500/-.

Sri B N Nagesh Vs Sri Ravikumara — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:10838 MFA No. 1246 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.1246 OF 2014(MV-D)

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BETWEEN:

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SRI. B.N.NAGESH AGED ABOUT 40 YEARS, S/O NARAYANA GOWA, RESIDING AT JOUGUPET, SHIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-562 105.

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…APPELLANT

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(BY SRI. MANJUNATHA.H.R., ADVOCATE)

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AND:

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SRI. RAVIKUMARA AGED ABOUT 40 YEARS, S/O NAGARAJU, RESIDING AT SHIVANAPURA VILLAGE AND POST, HOSKOTE TALUK, BANGALORE RURAL DISTRICT-562 114.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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M/S. NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NO.4, T.P.HUB, SHUBHARAM COMPLEX, 2^ND FLOOR, M.G. ROAD, BANGALORE-560 001.

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…RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED: 13.12.2016; BY SRI. K.N.SRINIVASA., ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:02.07.2013

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2 - NC: 2024:KHC:10838 MFA No. 1246 of 2014

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PASSED IN MVC NO.6170/2011 ON THE FILE OF THE IX ADDL.SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BANGALORE.

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

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JUDGMENT

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Sri.Manjunatha.H.R., learned counsel for the appellant and Sri.K.N.Srinivasa., learned counsel for respondent No.2 have appeared in person.

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Though the appeal is listed today for admission, it is heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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Learned counsel for the appellant and respondent No.2 have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers with utmost care.

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The point that would arise for consideration is whether the Claimant is entitled for enhanced compensation?

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3 - NC: 2024:KHC:10838 MFA No. 1246 of 2014

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The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question. Hence, this Court deems it appropriate to award Rs.50,000/- towards pain and sufferings as against Rs.40,000/- (Rupees Forty Thousand only) awarded by the Tribunal.

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The amount of Rs.25,000/(Rupees Twenty Five Thousand only) towards Medical expenses; Rs.10,000/(Rupees Ten Thousand only) towards Future Medical expenses and Rs.3,000/- (Rupees Three Thousand only) towards attendant charges awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.19,500/(Rupees Nineteen Thousand Five Hundred only) towards Loss of income during laid up period as against Rs.10,000/- (Rupees Ten Thousand only); Rs.3,000/- (Rupees Three Thousand only) towards Conveyance as against Rs.2,000/- (Rupees Two Thousand only); Rs.7,000/- (Rupees Seven Thousand only)

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4 - NC: 2024:KHC:10838 MFA No. 1246 of 2014

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towards Food, nourishment, diet as against Rs.5,000/- (Rupees Five Thousand only); and Rs.20,000/- (Rupees Twenty Thousand only) towards Loss of amenities as against Rs.5,000/- (Rupees Five Thousand only) awarded by the Tribunal.

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It is noticed that the Tribunal has awarded compensation of Rs.90,000/- (Rupees Ninety Thousand only) towards Loss of future income due to disability. It is contended that the claimant was working as Tailor and earning a sum of Rs.5,000/(Rupees Five Thousand only) per month. However, there is no proof of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2011, the salary of the injured must be taken as Rs.6,500/- (Rupees Six Thousand Five Hundred only) per month. The age of the claimant was 40 years as on the date of accident, hence the multiplier 15 is to be adopted. It is said that the claimant has suffered total disability of 10%. Hence, the amount towards loss of future income due to disability is calculated as under:

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5 - NC: 2024:KHC:10838 MFA No. 1246 of 2014

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Rs.6,500/- X 12 X 15 X 10/100 = Rs.1,17,000/-.

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Accordingly, this Court re-determines the

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compensation as under:-

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1.	Pain and Sufferings	40,000 +10,000	Rs.50,000/-
2.	Medical Expenses	25,000	Rs.25,000/-
3.	Future medical expenses	10,000	Rs.10,000/-
4.	Attendant Charges	3,000	Rs.3,000/-
5.	Loss of income during laid up period	6,500 x 3	Rs.19,500/-
6.	Conveyance	2,000 +1,000	Rs.3,000/-
7.	Food, nourishment, diet and Loss of amenities	5,000 +2,000	Rs.7,000/-
8.	Loss of amenities	5,000 +15,000	Rs.20,000/-
9.	Loss of future income due to disability	1,17,000	Rs.1,17,000/-
		Total:	Rs.2,54,500/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.1,90,000/-
	Enhanced compensa	tion awarded by this Court:	Rs.64,500/-

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The claimant is not entitled for interest on future medical

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expenses.

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NC: 2024:KHC:10838 MFA No. 1246 of 2014

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:02.07.2013 passed by the Court of IX Addl. Small Causes and Addl. MACT, Bengaluru in M.V.C No.6170/2011 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced

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compensation of Rs.64,500/- (Rupees Sixty Four Thousand Five Hundred only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

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The second respondent - Insurance Company shall deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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NC: 2024:KHC:10838 MFA No. 1246 of 2014

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The Registry to draw the modified award

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accordingly.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 6

Sri B N Nagesh v. Sri Ravikumara

Case brief

What is this about?

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Sri B N Nagesh v. Sri Ravikumara

Case brief

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