Partly allowed

Kamala v. the Manager

Karnataka HC7 Jun 2024MFA/1443/2020

Case brief

AI extract

What is this about?

In this Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, the High Court of Karnataka allowed the appeal in part, modifying the award of the Additional Senior Civil Judge and MACT, Hassan. The Court re-assessed the compensation for the appellant, Kamala, considering her 15% whole body and 6% functional disability, enhancing the total award from Rs. 2,28,400 to Rs. 3,

What did the court decide?

Modified the award to grant total compensation of Rs. 3,06,800 with interest at 6% per annum, to be deposited by the respondent within three months.

Kamala Vs the Manager — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:19958 MFA No. 1443 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 1443 OF 2020 (MV-I)

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BETWEEN:

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KAMALA, W/O THEERTHAMALLEGOWDA @ THEERTHAMALLAPPA, AGED ABOUT 37 YEARS, KONDAJJI VILLAGE, SALAGAME HOBLI, HASSAN TALUK AND DISTRICT – 573 201.

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…APPELLANT

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(BY SRI. GIRISH B BALADARE., ADVOCATE)

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AND:

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THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., VENKATESHWARA BUILDING, B.M.ROAD, HASSAN – 573 201.

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THEERTHAMALLAPPA, S/O RANGEGOWDA, KONDAJJI VILLAGE, SEEGE POST, SALAGAME HOBLI, HASSAN TQ AND DISTRICT – 573 201.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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…RESPONDENTS (BY SRI.B.C.SHIVANE GOWDA, ADVOCATE FOR R1; SRI.H.J.ANANDA, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2019, PASSED IN MVC NO.1710/2017, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, 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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NC: 2024:KHC:19958 MFA No. 1443 of 2020

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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 24.09.2019 in MVC No.1710/2017 passed by the learned Addl. Senior Cvil Judge and Addl. MACT, Hassan.

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The claimant filed a claim petition under Section 166 of the MV Act claiming just and proper compensation for having sustained injuries on 17.08.2017 in a road traffic accident. The Tribunal after appreciating the evidence on record awarded total compensation of Rs.2,28,400/- with interest at the rate of 8% p.a. from the date of petition till actual realization. Taking exception to the same, this appeal is filed seeking enhancement of compensation.

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Heard the learned counsel for the appellant-Claimant and learned counsel for respondent-Insurance Company.

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The claimant sustained the following injuries:

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a. Abrasion injury over right knee

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b. Fracture of right radius and ulna.

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Further in the wound certificate, it is clearly mentioned that the injury No.1 is simple in nature and injury No.2 is grievous in nature. The appellant-claimant was in-patient for 7 days.

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The doctor who was examined as PW.2 has assessed the physical disability of the claimant to the whole body at 15%, and functional disability at 6%.

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NC: 2024:KHC:19958 MFA No. 1443 of 2020

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The claimant was aged 37 years as on the date of the accident. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority, for the accident taken place in the year 2017. Therefore, 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.)
Pain and sufferings	25,000	40,000
Food, nourishment,	5,000	10,000
conveyance and attendant charges
Loss of income during laid	8,000	24,000
up period		(11,000*2)
Loss of amenities	10,000	20,000
Loss of future income	86,400	1,18,800
(11,0001215*6%)
Medical expenses	74,000	74,000
Future medical expenses	20,000	20,000
Total	2,28,400	3,06,800

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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.3,06,800/- as against Rs.2,28,400/- awarded by the Tribunal.

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NC: 2024:KHC:19958 MFA No. 1443 of 2020

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The enhanced compensation amount of Rs.78,400/(i.e.,Rs.3,06800 - Rs.2,28400) shall carry interest at the rate of 6% per annum from the date of filing the petition till the date of realization. The enhanced compensation to be deposited by the respondent-Insurance Company within a period of three months from the date of receipt of copy of this judgment.

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To this extent, the impugned award stands modified.

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Sd/JUDGE

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RKA

Kamala v. the Manager

Case brief

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What did the court decide?

Kamala v. the Manager

Case brief

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