Partly allowed

Shivappa @ Shivakumar v. Manjunath Jd @ Rajanna

Karnataka HC19 Jul 2024MFA/1790/2019

Case brief

AI extract

What is this about?

Claimant injured in a 2013 motorcycle accident sought enhancement of compensation. The High Court raised notional income from Rs.7,000 to Rs.8,000 per month and enhanced total compensation to Rs.5,03,098 with interest, modifying the Tribunal's award.

What did the court decide?

Compensation enhanced by Rs.61,799 to Rs.5,03,098 at 6% interest, payable by insurer within three months.

Shivappa @ Shivakumar Vs Manjunath Jd @ Rajanna — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:28224 MFA No. 1790 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^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. 1790 OF 2019 (MV-I)

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BETWEEN:

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SHIVAPPA @ SHIVAKUMAR S/O HUCHAPPA, AGED ABOUT 40 YEARS, MILK VENDING AND AGRICULTURIST, (PRESENTLY MILK VENDING) HANUMANTHAPAPURA, GOLLARAHATTI, HANUMANTHAPURA POST, JAGALUR TALUK, DAVANAGERE DISTRICT-570 004.

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…APPELLANT

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(BY SRI. M R HIREMATHAD., ADVOCATE)

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AND:

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

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MANJUNATH JD @ RAJANNA S/O CHANNABASAPPA JD, AGED ABOUT 57 YEARS, (SINCE TYPOGRAPHICAL ERROR, IN JUDGMENT OF TRIBUNAL MENTIONED AS CHANNABASAOOA JD, AND IN AWARD CORRECTLY MENTIONED AS CHANNABASAPPA JD) RIDER OF MOTOR CYCLE BEARING NO.KA-17/S-2275, ODL TALUK OFFICE ROAD, NEAR COURT COMPLEX, JAGALUR TOWN, JAGALUR TALUK, DAVANAGERE DISTRICT-520 004.

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VISHWANATH T H S/O T HALAPPA OWNER OF THE MOTOR CYCLE BEARING NO.KA-17/S-2275 C/O MALLIKARJUNA JD, NEAR GURUBHAVANA, JAGALUR TOWN JAGALUR TALUK, DAVANAGERE DISTRICT-570 004.

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THE DIVISIONAL MANAGER NATIONAL INSURANCE COM., LTD

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NC: 2024:KHC:28224 MFA No. 1790 of 2019

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DIVISIONAL OFFICE, SHIVANARADAMUNI PLAZA, OPPOSITE DENTAL COLLAGE P.J.EXTENSION, DAVANAGERE-577 004 POLICY NO.D610300/31/12620009229 POLICY PERIOD 1-1-2013 TO 31-12-2013

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…RESPONDENTS

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(BY SRI. B C SEETHARAMA ROA, ADVOCATE FOR R3; V/O DATED 15.11.2023 NOTICE TO R1 & R2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.09.2018 PASSED IN MVC NO.97/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITERNATE COURT, JAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR 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 under Section 173(1) of the M.V. Act arises from the judgment and award dated 22.9.2018, passed by the learned Senior Civil Judge, Iternate Court, Jagalur.

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The appellant/claimant, who sustained injuries in a road traffic accident on 24.08.2013 filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking just and proper compensation. The Tribunal awarded a total compensation of Rs.4,41,299/- with interest at the rate of 8% p.a. Being dissatisfied with the quantum of compensation, the claimant is before this Court.

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Heard the learned counsel for the appellant and the respondent - Insurance Company and perused the trial Court records.

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3 - NC: 2024:KHC:28224 MFA No. 1790 of 2019

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The accident occurred in the year 2013, and the claimant was aged 35 years at the time of the accident. In the absence of proof of income, the notional income is assessed at Rs.8,000/- per month, according to the chart prepared by the Karnataka Legal Services Authority, as opposed to Rs.7,000/assessed by the Tribunal.

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The doctor, who was examined as P.W.2 assessed the permanent physical disability to a particular limb at 45%. The Tribunal has rightly assessed the functional disability at 15%.

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The claimant admittedly sustained swelling and deformity of left thigh, CLW of about 5 X 5 cm over medial side of lower part of left thigh, CLW over left foot, Supracondylar fracture of left femur. The claimant was inpatient for 22 days and also underwent surgery.

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Given the nature of injuries sustained and duration of treatment undergone by the claimant, and in the absence of proof of income, the income of the appellant is assessed at Rs.8,000/per month, as opposed to Rs.7,000/- assessed by the Tribunal. Therefore, the appellant is entitled for the enhanced compensation under the following heads:

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Pain and Suffering	: Rs.	50,000/-
Medical Expenses	: Rs.	1,48,698/-

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4 - NC: 2024:KHC:28224 MFA No. 1790 of 2019

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Loss of Amenities, food and nourishment, conveyance and attendant charges.	: Rs.	50,000/-
Loss of future earning due to disability	: Rs.	2,30,400/-
(Rs.8,000 X 12 X 16 X 15/100)
Loss of income during laid up period	: Rs.	24,000/-
TOTAL	: Rs.	5,03,098/-

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In all, the appellant/claimant is entitled for the total compensation of Rs.5,03,098/- as opposed to Rs.4,41,299/awarded by the Tribunal. The enhanced compensation is Rs.61,799/-.

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To this extent, the award passed by the Tribunal stands modified. The enhanced compensation of Rs.61, 799/- shall carry interest at the rate of 6% p.a. from the date of petition till the date of actual realization.

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The enhanced amount to be deposited by the respondent - Insurance Company within a period of three months from the date of receipt of certified copy of this order. The entire enhanced compensation amount to be released in favour of the appellant/claimant.

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The appeal is disposed of.

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Sd/JUDGE

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Shivappa @ Shivakumar v. Manjunath Jd @ Rajanna

Case brief

What is this about?

What did the court decide?

Shivappa @ Shivakumar v. Manjunath Jd @ Rajanna

Case brief

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