Allowed

M Ganeshan v. M/S Automotive Marketing Pvt. Ltd.

Karnataka HC28 Mar 2024MFA/1947/2014

Case brief

AI extract

What is this about?

Claimant injured in a motor accident sought enhancement of Tribunal compensation. The High Court added loss of future earning capacity due to disability using the Legal Services Authority chart and multiplier 17 at 7% disability, reassessing total compensation at Rs.2,92,820 with 6% interest.

What did the court decide?

Appeal allowed; judgment modified; claimant entitled to reassessed compensation of Rs.2,92,820 with 6% interest from date of claim petition till realization, payable by second respondent insurer withi

M Ganeshan Vs M/S Automotive Marketing Pvt. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:12862 MFA No. 1947 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^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.1947 OF 2014(MV-I)

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BETWEEN:

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M.GANESHAN S/O SRI.MANIKYAM, AGED 32 YEARS, R/A:# 129, 2^ND CROSS, OLD UCO BANK ROAD, RAMAMURTHY NAGAR, BANGALORE EAST, BANGALORE.

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…APPELLANT

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(BY SRI. SHRIDHAR., ADVOCATE FOR SRI. K.V.SHYAMAPRASADA., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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M/S. AUTOMOTIVE MARKETING PVT.LTD., P.S.N.GROUP OF COMPANIES, VISHAL TOWERS, # 210, MAZZANNIE FLOOR, DOOR NO.18/8, 16^TH CROSS, 1^ST MAIN, OPPOSITE TO MISSION ROAD, S.R.NAGAR, BANGALORE-560 027. REPRESENTED BY ONE OF ITS DIRECTOR.

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M/S. THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 025. REPRESENTED BY ITS MANAGER. …RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED:01.07.2016; BY SRI. K.N.SRINIVASA., ADVOCATE FOR R2)

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2 - NC: 2024:KHC:12862 MFA No. 1947 of 2014

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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:09.12.2013 PASSED IN MVC NO.388/2012 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BANGALORE.

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

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JUDGMENT

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Sri.Shridhar., learned counsel on behalf of

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Sri.K.V.Shyamaprasada., for the appellant has 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 appellant has urged several contentions. Heard, the contentions urged on behalf of the appellant and perused the appeal papers and also the records with utmost care.

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3 - NC: 2024:KHC:12862 MFA No. 1947 of 2014

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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 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.

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The compensation amount of Rs.60,000/- (Rupees Sixty Thousand only) towards Pain and Sufferings; Rs.25,000/(Rupees Twenty Five Thousand only) towards Loss of income during treatment period; Rs.25,000/- (Rupees Twenty Five Thousand only) towards Attendant charges and Conveyance; Rs.40,000/- (Rupees Forty Thousand only) Loss of Amenities and Comfort; Rs.20,000/- (Rupees Twenty Thousand only) towards Permanent Scars and Disfigurement and Rs.30,000/(Rupees Thirty Thousand only) towards Future Medical expenses awarded by the Tribunal remains intact.

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It is noticed that the Tribunal has not awarded compensation towards Loss of future earning capacity due to

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4 - NC: 2024:KHC:12862 MFA No. 1947 of 2014

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disability. It is contended that the claimant was working as driver and earning a sum of Rs.12,600/- (Rupees Twelve Thousand Six Hundred only) per month. However, there is no proof of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2011, the salary of the injured must be taken as Rs.6,500/- (Rupees Six Thousand Five Hundred only) per month. The age of the claimant was 30 years as on the date of accident, hence the multiplier 17 is to be adopted.

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At the time of calculation, learned counsel for the claimant submits that the disability may be assessed at 7%. Hence, the amount towards loss of future earning capacity due to disability is calculated as under:

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Rs.6,500/- X 12 X 17 X 7/100 = Rs.92,820/-.

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Since compensation is awarded towards loss of future income due to disability, compensation awarded by the Tribunal towards Permanent Physical Impairment is to be deducted.

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Accordingly, this Court re-determines the

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compensation as under:-

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5 - NC: 2024:KHC:12862 MFA No. 1947 of 2014

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1.	Pain and Sufferings 60,000	Rs.60,000/-
2.	Loss of income during treatment period 25,000	Rs.25,000/-
3.	Attendant Charges and Conveyance 25,000	Rs.25,000/-
4.	Loss of amenities and comfort 40,000	Rs.40,000/-
5.	Permanent Scars and Disfigurement 20,000	Rs.20,000/-
6.	Future medical expenses 30,000	Rs.30,000/-
7.	Loss of future earning capacity due to disability 92,820	Rs.92,820/-
	Reassessed compensation:	Rs.2,92,820/-

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Having regard to the facts and circumstances of the case and the prevailing rate of interest during the relevant time, this Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.

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Hence, the following:

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NC: 2024:KHC:12862 MFA No. 1947 of 2014

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ORDER

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The Miscellaneous First appeal is

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allowed and the Judgment dated:09.12.2013 passed by the Court of in M.V.C No.388/2012 is modified to the extent stated hereinabove.

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The claimant is entitled for the reassessed compensation of Rs.2,92,820/- (Rupees Two Lakh Ninety Two Thousand Eight Hundred and Twenty only) with interest at the rate of 6% 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 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:12862 MFA No. 1947 of 2014

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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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MRP List No.: 1 Sl No.: 35

M Ganeshan v. M/S Automotive Marketing Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M Ganeshan v. M/S Automotive Marketing Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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