Partly allowed

Sri Chandra Reddy @ Chandra v. Chandrasekhar Karthi

Karnataka HC19 Jan 2024MFA/1284/2018

Case brief

AI extract

What is this about?

In Miscellaneous First Appeal No. 1284 of 2018 before the High Court of Karnataka, the Court enhanced the compensation awarded by the Motor Accident Claims Tribunal in a motor vehicle accident case. The Court increased amounts for pain and sufferings, loss of amenities, loss of future earning capacity, and related charges based on medical evidence and statutory standards.

What did the court decide?

Compensation enhanced to Rs. 5,43,500/- with interest at 6% per annum from the date of petition.

Sri Chandra Reddy @ Chandra Vs… — Contract and Commercial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:2742 MFA No. 1284 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.1284 OF 2018 (MV-I)

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BETWEEN:

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SRI. CHANDRA REDDY @ CHANDRA S/O RAMA REDDY AGED ABOUT 35 YEARS, R/T NO.288, 18/B, BELLANDUR, BENGALURU - 560 103.

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…APPELLANT

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(BY SRI. KAILAS SHANKAR P S, ADVOCATE)

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AND:

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CHANDRASEKHAR KARTHI S/O C. RAGHUPATI MAJOR, NO.102, FIRST FLOOR, JAGADEESH REDDY LAYOUT, KASAVANAHALLI, OFF: SARJAPURA ROAD, CAR MELARAM, BENGALURU - 560 035.

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Digitally signed by RAMYA D

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Location: HIGH COURT OF KARNATAKA

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LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LTD. NO.1, ALYSSA, 1^ST FLOOR, REAR PORTIO OLD NO.28, RICHMOND ROAD, BENGALURU - 560 025.

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…RESPONDENTS

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(BY SRI. O. MAHESH ADVOCATE FOR R2( THROUGH V/C); R1- NOTICE DISPENSED WITH V/O DATED 10.11.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2017 PASSED IN MVC NO.6336/2016 ON THE FILE OF MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-14) PARTLY ALLOWING THE CLAIM PETITION FOR

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2 - NC: 2024:KHC:2742 MFA No. 1284 of 2018

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COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded by the MACT, Bengaluru City vide judgment and award dated 30.11.2017 passed in MVC No.6336/2016.

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The factum of accident, injuries sustained by the claimant and coverage of insurance are not in dispute.

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Rank of the parties are stated as before the Tribunal for easy reference and convenience.

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Heard the arguments of both sides and perused the materials on record.

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The Tribunal has awarded the compensation under various heads as follows:

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NC: 2024:KHC:2742 MFA No. 1284 of 2018

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Sl. No.	Particulars	Amount in Rs.
1	Pain and sufferings	20,000/-
2	Nourishment, conveyance and attendant charges	10,000/-
3	Medicalexpenses	1,09,000/-
4	Loss of future earning capacity due to permanent disability	2,16,000/-
5	Loss ofamenities	15,000/-
6	Loss of earnings during laid up period	16,000/-
7	Future medical expenses	10,000/-
	Total	3,96,000/-

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The medical records proved that the claimant

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has sustained following injuries:

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(i) Swelling, tenderness, crepitation present over lower 1/3^rd of right leg, laceration present over anterior aspect of leg, measuring 6 cm x 3 cms x bone deep, X- ray shows fracture shaft of tibia and fibula (compounded fracture)

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(ii) Abrasion over on joint knee, 2.5 cm x 2 cm.

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Considering the nature of injuries sustained, the

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Tribunal has awarded compensation of Rs.20,000/towards ‘pain and sufferings’, which is on lower side. Hence, compensation of Rs.50,000/- is awarded under the

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NC: 2024:KHC:2742 MFA No. 1284 of 2018

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head ‘pain and sufferings’ against the compensation awarded by the Tribunal.

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Based on the medical bills produced by the claimant, the Tribunal has awarded compensation of Rs.1,09,000/- towards ‘medical expenses’, which needs no interference and same is kept intact.

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The Tribunal has awarded compensation of Rs.10,000/towards ‘nourishment, conveyance and attendant charges’, which is on lower side and enhancement. Therefore, a sum of Rs.15,000/- is awarded under the head ‘nourishment, conveyance and attendant charges’ against the compensation awarded by the Tribunal.

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The doctor has assessed the disability of the claimant at 30% towards lower limb and whole body disability at 20%, but the Tribunal considering the nature of injuries sustained by the claimant has considered the disability at 15% to the whole body.

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5 - NC: 2024:KHC:2742 MFA No. 1284 of 2018

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The accident has occurred in the year 2016. As

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per KSLSA the notional income for the accidents of the year 2016 is to be taken at Rs.9,500/- per month. The claimant was aged 36 years at the time of accident, hence the appropriate multiplier applicable is ‘15’. Therefore, loss of future earning capacity is reassessed as under:

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Rs.9,500/- x 12 x 15 x 15% = Rs.2,56,500/-

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The Tribunal has awarded the compensation of Rs.15,000/- towards ‘loss of amenities’, which is meager

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and needs enhancement. Therefore, compensation of Rs.50,000/- is awarded under the head ‘loss of amenities’ against the compensation awarded by the Tribunal.

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The Tribunal has awarded compensation of Rs.16,000/- towards ‘loss of income during laid up period’, which needs enhancement. Hence, compensation of Rs.38,000/-( Rs.9,500/- x 4 months) is awarded under the head ‘loss of income during laid up period’ against the compensation awarded by the Tribunal.

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6 - NC: 2024:KHC:2742 MFA No. 1284 of 2018

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The compensation of Rs.10,000/- awarded by

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the Tribunal under the head ‘future medical expenses’ requires enhancement. Hence, compensation of

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Rs.25,000/- is awarded under the head ‘future medical expenses’ against the compensation awarded by the Tribunal.

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Thus, in all, the appellants/claimants are entitled for total compensation under various heads as

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follows:

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Sl. No.	Particulars	Rs.	Awarded by the Tribunal	Awarded by this Court
1	Pain and sufferings	Rs.	20,000/-	50,000/-
2	Nourishment, conveyance and attendant charges	Rs.	10,000/-	15,000/-
3	Medical expenses	Rs.	1,09,000/-	1,09,000/-
4	Loss of future earning
	capacity due to permanent disability	Rs.	2,16,000/-	2,56,500/-
5	Loss of amenities	Rs.	15,000/-	50,000/-
6	Loss of earnings during laid up period	Rs.	16,000/-	38,000/-
7	Future medical expenses	Rs.	10,000/-	25,000/-
	TOTAL	Rs.	3,96,000/-	5,43,500/-

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7 - NC: 2024:KHC:2742 MFA No. 1284 of 2018

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The Tribunal has awarded compensation of Rs.3,96,000/-, but the appellant/claimant is entitled to total compensation of Rs.5,43,500/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.1,47,500/(Rs.5,43,500/Rs.3,96,000/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,47,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, against what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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ORDER

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i. Appeal is allowed-in-part .

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ii. The impugned judgment and award dated 30.11.2017 passed by the MACT, Bengaluru City, in MVC No.6336/2016, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of

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8 - NC: 2024:KHC:2742 MFA No. 1284 of 2018

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Rs.1,47,500/- along with interest at

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the rate of 6% per annum from the date

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of petition till the date of realization.

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iii. No order as to costs.

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iv. Draw award accordingly.

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Sd/JUDGE

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DR List No.: 1 Sl No.: 69

Sri Chandra Reddy @ Chandra v. Chandrasekhar Karthi

Case brief

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What did the court decide?

Sri Chandra Reddy @ Chandra v. Chandrasekhar Karthi

Case brief

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