Allowed

Smt Pavithra v. Nadeem Pasha

Karnataka HC13 Mar 2024MFA/2063/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an appeal for enhancement of compensation in a motor accident case. The Court increased compensation for pain and sufferings, loss of future earning capacity, and added amounts for loss of amenity and loss of income during treatment, awarding a total enhancement of Rs.61,000 with interest.

What did the court decide?

Enhanced compensation of Rs.61,000 with 6% interest awarded; impugned judgment modified.

Smt Pavithra Vs Nadeem Pasha — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:10330 MFA No. 2063 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^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.2063 OF 2015(MV-I)

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BETWEEN:

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SMT. PAVITHRA W/O RAJESHA, AGED 27 YEARS, R/O HULIVANA VILLAGE, MANDYA TALUK-571 401.

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…APPELLANT

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(BY SRI. PRAMOD.R., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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NADEEM PASHA S/O MOHAMMED GHOUSE, PEERAN, AGED 44 YEARS, F.M.GARMENTS, NO.170, 9^TH CROSS,

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DEVARAJA ARASU NAGARA, MYSORE ROAD, BANGALORE-570 042.

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THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., 2^ND FLOOR, BLOCK-2A, ESQUITE CENTRE, NO.7 M.G. ROAD, BANGALORE-560 001.

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…RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED: 27.08.2019; BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)

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NC: 2024:KHC:10330 MFA No. 2063 of 2015

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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:21.03.2014 PASSED IN MVC NO.286/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT, MANDYA.

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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.Pramod.R., learned counsel for the appellant and Sri.C.R.Ravishankar., learned counsel on behalf of Sri.H.S.Lingaraj., for the 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 appellant and respondent No.2 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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3 - NC: 2024:KHC:10330 MFA No. 2063 of 2015

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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. Hence, this Court deems it appropriate to award Rs.35,000/- (Rupees Thirty Five Thousand only) towards pain and sufferings as against Rs.25,000/- (Rupees Twenty Five Thousand only) awarded by the Tribunal.

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The amount of Rs.25,000/(Rupees Twenty Five Thousand only) towards Medical expenses and Rs.20,000/(Rupees Twenty Thousand only) towards other expenses awarded by the Tribunal remains intact.

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It is noticed that the Tribunal has awarded compensation of Rs.1,40,400/- (Rupees One Lakh Forty Thousand Four Hundred only) towards Loss of future earning capacity due to disability. It is contended that the claimant was working as

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NC: 2024:KHC:10330 MFA No. 2063 of 2015

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Coolie and earning a sum of Rs.6,000/- (Rupees Six Thousand 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 2010, the salary of the injured must be taken as Rs.5,500/- (Rupees Five Thousand Five Hundred only) per month. The age of the claimant was 22 years as on the date of accident, hence the multiplier 18 is to be adopted. It is said that the claimant has suffered total disability of 13%. Hence, the amount towards loss of future earning capacity due to disability is calculated as under:

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Rs.5,500/- X 12 X 18 X 13/100 = Rs.1,54,440/-.

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It is noticed that the Tribunal has not awarded compensation under the heads of Loss amenities and Loss of income during treatment period. Hence, this Court deems it appropriate to award Rs.20,000/- (Rupees Twenty Thousand only) towards Loss amenities and Rs.16,500/- (Rupees Sixteen Thousand Five Hundred only) towards Loss of income during treatment period.

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5 - NC: 2024:KHC:10330 MFA No. 2063 of 2015

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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	25,000 +10,000	Rs.35,000/-
2.	Medical Expenses	25,000	Rs.25,000/-
3.	Other expenses	20,000	Rs.20,000/-
4.	Loss of future earning capacity due to disability	1,54,440	Rs.1,54,440/-
5.	Loss of future amenities	20,000	Rs.20,000/-
6.	Loss of income during treatment period	5,500 x 3	Rs.16,500/-
		Total:	Rs.2,70,940/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.2,10,400/-
	Enhanced compensa	tion awarded by this Court:	Rs.60,540/-
		Rounded off:	Rs.61,000/-

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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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NC: 2024:KHC:10330 MFA No. 2063 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:21.03.2014 passed by the Court of Addl. Senior Civil Judge and CJM., and MACT, Mandya in M.V.C No.286/2011 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced compensation of Rs.61,000/- (Rupees Sixty One Thousand 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 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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Needless to observe that the claimant is

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not entitled for the interest for delayed period.

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NC: 2024:KHC:10330 MFA No. 2063 of 2015

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The Registry to draw the modified award

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accordingly.

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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.: 21

Smt Pavithra v. Nadeem Pasha

Case brief

What is this about?

What did the court decide?

Smt Pavithra v. Nadeem Pasha

Case brief

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