Allowed

Sri H P Tejas v. M/S United India Insurance Co. Ltd.

Karnataka HC5 Jul 2024MFA/2180/2020

Case brief

AI extract

What is this about?

The High Court allowed this miscellaneous first appeal filed under Section 173(1) of the MV Act against the judgment and award in a motor vehicle accident case. The Court re-assessed the compensation considering correct functional disability and notional income, enhancing the awarded amount and directing specific relief.

What did the court decide?

Compensation enhanced to Rs. 5,09,444/-. Additional amount of Rs. 2,19,980/- with interest at 6% per annum from date of filing till deposit allowed.

Sri H P Tejas Vs M/S United India Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:25673 MFA No. 2180 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^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. 2180 OF 2020 (MV)

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BETWEEN:

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SRI H P TEJAS S/O H.A. PADMANABHA, NOW AGED ABOUT 25 YEARS, R/AT NO. Y3/15, CLUB ROAD, SOMAVARPET TOWN, SOMAVARPET TALUK, KODAGU - 571 236.

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…APPELLANT

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(BY SRI. RANGEGOWDA N R.,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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UNITED INDIA INSURANCE CO. LTD., T.P. HUB, 6^TH FLOOR KRISHIBHAVAN BUILDING HUDSON CIRCLE BANGALORE - 560 001.

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M.N. MANOJ KUMAR S/O M.V. NARAYANA NO.121, ALEKATT ROAD, CHOWDLU VILLAGE SOMAVARPET, KODAGU.

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…RESPONDENTS

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(BY SRI. JANARDHANA., ADVOCATE FOR R1; V/O DATED:09.09.2022 NOTICE TO R2 IS DISPENSED WITH)

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2 - NC: 2024:KHC:25673 MFA No. 2180 of 2020

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:28.03.2019 PASSED IN MVC NO.4685/2018 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM AND MEMBER, MACT, BENGALURU (SCCH-24), 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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JUDGMENT

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This appeal arises from the judgment and award dated 28.03.2019, passed by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and MACT, Bengaluru, in MVC No.4685/2018.

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The appellant/claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking just and proper compensation for the injuries he sustained in a road traffic accident on 26.07.2018. The Tribunal awarded a total compensation of Rs. 2,89,500/- with interest at the rate of 8% per annum from the date of the petition until realization of the same.

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After hearing the learned counsel for the parties and perusing the Trial Court records, it is clear that the claimant sustained accidental injuries on 26.07.2018, a fact which is not in dispute. At the time of the accident, the claimant was 24 years old. He sustained the following injuries: abrasions present over the right foot and tenderness present over the mid-third of the right leg.

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3 - NC: 2024:KHC:25673 MFA No. 2180 of 2020

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The doctor, who was examined as PW.2, assessed the physical disability of the right lower limb at 26% and 13% for the whole body. However, the Tribunal assessed the functional disability at 9% instead of 12%, considering the nature of the injuries suffered and the claimant's occupation.

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In the absence of proof of income, the notional income of the claimant is assessed at Rs.12,500/- per month, according to the chart prepared by the Karnataka State Legal Services Authority, as opposed to the Rs.8,000/- per month assessed by the Tribunal. Given the nature of the injuries, there is a need for reassessment of the income and functional disability. the compensation awarded by the Tribunal is re-assessed as follows;

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Pain, Injuries And Suffering	:	Rs.	40,000/-
Food and nourishment, conveyance	:	Rs.	15,000/-
And attendant charges
Medical Expenses	:	Rs.	62,944/-
Loss of income during laid of period	:	Rs.	37,500/-
(Rs.12,500 X 3 months)
Loss of future earning	:	Rs.	3,24,000/-
(Rs.12,500 X 12X 18X 12%)
Loss of Amenities	:	Rs.	30,000/-
TOTAL	:	Rs.	5,09,444/-

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Therefore, the appellant is awarded a total

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compensation of Rs.5,09,444/- as opposed to the compensation

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NC: 2024:KHC:25673 MFA No. 2180 of 2020

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awarded by the Tribunal at Rs.2,89,464/-. Hence, the appellant is entitled for an additional compensation of Rs.2,19,980/- (Rs.5,09,444 – Rs.2,89,464), along with interest at 6% per annum from the date of filing of the petition till deposit.

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To this extent the impugned judgement and award is

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modified.

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The amount in deposit shall be transferred to the Tribunal forthwith.

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Registry is directed to return the Trial Court Records to

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the Tribunal.

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Draw the award accordingly.

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Sri. Janardhana, learned counsel for the respondent No.1 is permitted to file power within four weeks from today.

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Sd/JUDGE

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Sri H P Tejas v. M/S United India Insurance Co. Ltd.

Case brief

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Sri H P Tejas v. M/S United India Insurance Co. Ltd.

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