Partly allowed

Sri. Rajendra H R v. Divisional Controller

Karnataka HC11 Jul 2024MFA/1291/2019

Case brief

AI extract

What is this about?

Claimant appealed for enhancement of compensation for injuries suffered in a 2014 road accident. The Court reassessed notional income at Rs.8,500 per month and enhanced compensation under several heads, allowing the appeal in part and awarding an additional Rs.1,39,100 with 6% interest, payable by the Insurance Company.

What did the court decide?

Enhanced compensation of Rs.1,39,100 over Rs.2,50,200 awarded by Tribunal, with 6% interest on entire amount; liability on respondent/Insurance Company.

Sri. Rajendra H R Vs Divisional Controller — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:26941 MFA No. 1291 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^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. 1291 OF 2019 (MV)

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BETWEEN:

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SRI. RAJENDRA H R S/O RANGASWAMY, AGED ABOUT 27 YEARS, R/AT H ALADAHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT-573201

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…APPELLANT

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(BY SRI. H J ANANDA, ADVOCATE)

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AND:

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DIVISIONAL CONTROLLER KSRTC, HASSAN DIVISION, HASSAN-573201

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…RESPONDENT

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(BY SRI. D. VIJAYAKUMAR AND SMT. S. NIRMALA, ADVOCATES)

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 7.03.2018 PASSED IN MVC NO.794/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, 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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2 - NC: 2024:KHC:26941 MFA No. 1291 of 2019

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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 judgment and award dated 07.03.2018 passed in MVC No.794/2016 by the learned 5^th Additional District and Sessions Judge and Additional MACT, Hassan.

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The appellant filed a claim petition under Section 166 of Motor Vehicles Act, seeking just and proper compensation on account of injuries sustained in a road traffic accident that occurred on 19.08.2014. The Tribunal awarded a total compensation of Rs.2,50,200/- with interest at 9% per annum. Being aggrieved by the same, the claimant is in appeal seeking enhancement of compensation.

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Heard the learned counsel for the parties and perused the records of the tribunal.

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The fact that the appellant sustained injuries in a road traffic accident on 19.08.2014 is not in dispute and as on the date of the accident, he was 23 years old. The doctor examined as PW.2 assessed the permanent disability to the right lower limb at 29% and the tribunal has rightly assessed the functional disability at 10% to the whole body. In the absence of proof of income, notional income of claimant is assessed at Rs.8,500/- per month as per the chart issued by the Karnataka State Legal Aid Services Authority, as opposed to Rs.6,500/- p.m. assessed by the Tribunal. The

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3 - NC: 2024:KHC:26941 MFA No. 1291 of 2019

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appellant took treatment as an inpatient for a period of 11 days. Therefore, given the nature of injuries sustained, the functional disability, and re-assessment of notional income, the compensation awarded by the Tribunal is re-assessed as follows:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Towards pain and suffering	10,000/-	40,000/-
Food, nourishment, conveyance	7,200/-	22,200/-
Charges & Attendant charges
Medical expenses	73,000/-	73,000/-
Loss of income during the period	-	25,500/-
of treatment
Loss of future earnings	1,40,000/-	1,83,600/-
Loss of amenities	-	25,000/-
Future medical expenses	20,000/-	20,000/-
Total	2,50,200/-	3,89,300/-
Enhanced compensation (Rs.2,50,200 - 3,89,300)		Rs.1,39,100

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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 enhanced compensation of Rs.1,39,100/- as against Rs.2,50,200/- awarded by the Tribunal.

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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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NC: 2024:KHC:26941 MFA No. 1291 of 2019

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The respondent/Insurance Company is fastened with the liability to pay the 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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List No.: 1 Sl No.: 29

Sri. Rajendra H R v. Divisional Controller

Case brief

What is this about?

What did the court decide?

Sri. Rajendra H R v. Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

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