Allowed

Sri Shivakumar R v. the Managing Director

Karnataka HC25 Mar 2024MFA/1861/2015

Case brief

AI extract

What is this about?

High Court allowed the appellant's first appeal under the Motor Vehicles Act, enhancing the compensation awarded by the Tribunal from Rs.3,11,000 to Rs.4,80,000, including increases for pain and sufferings, future earning capacity based on corrected disability, and attendant charges.

What did the court decide?

Compensation enhanced from Rs.3,11,000 to Rs.4,80,000 with 6% interest; Insurance Company directed to deposit the amount.

Sri Shivakumar R Vs the Managing Director — Karnataka HC (2024) — LawSathi Research

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NC: 2024:KHC:12145 MFA No. 1861 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^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.1861 OF 2015(MV-I)

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BETWEEN:

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SRI. SHIVAKUMAR.R S/O RAMAPPA, AGED ABOUT 30 YEARS, RESIDING AT # 218, HARIJANA COLONY, BYAPPANAHALLI, BANGALORE EAST, BANGALORE.

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…APPELLANT

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(BY SRI. PRUTHVI RAJ.N.M., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE MANAGING DIRECTOR, THE B.M.T.C., SHANTHI NAGAR, K.H.ROAD, BANGALORE-560 027.

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UNITED INDIA INSURANCE COMPANY LIMITED, NO.40, LAKSHMI COMPLEX, K.R.ROAD, BANGALORE-560 002.

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…RESPONDENTS (NOTICE TO R1-DISPENSED WITH V/O DATED:01.06.2015; BY SRI. KRISHNA KISHORE.S., 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:05.12.2014 PASSED IN MVC NO.6326/2011 ON THE FILE OF THE JUDGE,

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2 - NC: 2024:KHC:12145 MFA No. 1861 of 2015

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COURT OF SMALL CAUSES, XXVI ACMM, (SCCH-09), 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.Pruthvi Raj.N.M., learned counsel for the appellant and Sri.Krishna Kishore.S., 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 respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records 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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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

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3 - NC: 2024:KHC:12145 MFA No. 1861 of 2015

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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/- (Rupees Fifty Thousand only) towards pain and sufferings as against Rs.40,000/(Rupees Forty Thousand only) awarded by the Tribunal.

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The compensation of Rs.53.000/- (Rupees Fifty Three Thousand only) towards Medical expenses awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.10,000/(Rupees Ten Thousand only) towards Attendant charges, nutritious expenses and transportation charges as against Rs.7,500/- (Rupees Seven Thousand Five Hundred only).

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It is noticed that the Tribunal has awarded compensation of Rs.1,53,000/- (Rupees One Lakh Fifty Three Thousand only) towards Loss of future earning capacity. It is contended that the claimant was working as a Branch Operation Executive at Reliance Capital Asset Management Limited and earning Rs.10,281/- (Rupees Ten Thousand Two Hundred and Eighty One only) per month. To substantiate the same, he furnished salary slip pertaining to the month of July 2011. It was marked

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4 - NC: 2024:KHC:12145 MFA No. 1861 of 2015

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as Ex.P.12. A perusal of the same depicts that the claimant was earning Rs.9,852/- (Rupees Nine Thousand Eight Hundred and Fifty Two only) per month. Hence, the same is taken into consideration. The age of the claimant was 27 years as on the date of accident, hence the multiplier 17 is to be adopted. Dr.Malthesh, Orthopedic Surgeon at Chinmaya Mission Hospital Bangalore was examined as PW3. He deposed that the claimant sustained 30% disability to the whole body. The Tribunal considered the disability as 10%. However, looking into the nature of injuries sustained by the claimant, this Court deems it appropriate to consider the disability as 15%. Hence, the amount towards loss of future earning capacity is calculated as under:

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Rs.9,852/- X 12 X 17 X 15/100 = Rs.3,01,471/-.

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Similarly, this Court deems it appropriate to award Rs.29,556/- (Rupees Twenty Nine Thousand Five Hundred and Fifty Six only) towards loss of income during the period of taking treatment as against Rs.22,500/- (Rupees Twenty Two Thousand Five Hundred only).

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5 - NC: 2024:KHC:12145 MFA No. 1861 of 2015

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The compensation awarded by the Tribunal towards

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Future medical expenses and loss of future amenities remains intact.

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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	53,000	Rs.53,000/-
3.	Attendant Charges, nutritious expenses & transportation charges	7,500+ 2,500	Rs.10,000/-
4.	Loss of future earning capacity	3,01,471	Rs.3,01,471/-
5.	Loss of income during the period of taking treatment	9,852 X 3	Rs.29,556/-
6.	Future medical expenses	20,000	Rs.20,000/-
7.	Loss of future amenities	15,000	Rs.15,000/-
		Total:	Rs.4,79,027/-
		Rounded off	Rs.4,80,000/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.3,11,000/-
	Enhanced compensa	tion awarded by this Court:	Rs.1,69,000/-

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NC: 2024:KHC:12145 MFA No. 1861 of 2015

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is

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allowed and the Judgment dated:05.12.2014 passed by the Court of Small Causes & XXVI ACMM, (SCCH-09), Bangalore in M.V.C No.6326/2011 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.1,69,000/- (Rupees One Lakh Sixty Nine Thousand only) with 6% interest 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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The Registry to draw the modified award

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accordingly.

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NC: 2024:KHC:12145 MFA No. 1861 of 2015

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5. Office is directed to transmit the original

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records to the concerned Tribunal forthwith.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 20

Sri Shivakumar R v. the Managing Director

Case brief

What is this about?

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Sri Shivakumar R v. the Managing Director

Case brief

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