Allowed

Nanjamari S/O Rangegowda v. Rajani Bhat

Karnataka HC22 Mar 2024MFA/2188/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the appellant's appeal against the Motor Vehicle Accident Compensation Tribunal's award. The court enhanced the total compensation from Rs. 3,16,800 to Rs. 3,42,000, primarily increasing the loss of amenities and future income components, and directed the insurance company to deposit the enhanced amount.

What did the court decide?

The appeal is allowed; the judgment is modified to enhance compensation by Rs. 25,200; interest at 6% per annum awarded; the claimant is entitled to the enhanced compensation.

Nanjamari S/O Rangegowda Vs Rajani Bhat — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:11990 MFA No. 2188 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.2188 OF 2013(MV-I)

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BETWEEN:

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NANJAMARI S/O RANGEGOWDA, AGED ABOUT 37 YEARS, R/O JOGIPURA VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK-573 202. HASSAN DISTRICT.

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…APPELLANT

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(BY SRI. Y.S.MURUGENDRA., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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RAJANI BHAT D/O MADHAVA, HOTEL SRINIVASA DELUXE, OPP K.S.R.T.C., BUS STAND, BHATKALA, MURUDESHWARA, NORTH KANNADA DISTRICT-581 350.

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THE MANAGER, NATIONAL INSURANCE CO. LTD., C/O R.N.S.MOTORS LTD., YASHWANTHPUR, BANGALORE-583 124.

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VASUDEV.B S/O KRISHNA HOLLA, AGED ABOUT 59 YEARS, R/O NO.7, 4^TH MAIN,

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NC: 2024:KHC:11990 MFA No. 2188 of 2013

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5^TH CROSS, AGRAHARA DASARAHALLI, BANGALORE-79.

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…RESPONDENTS

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(NOTICE TO R1 AND R3-DISPENSED WITH V/O DATED:16.02.2015; BY SRI. L.SRIKANTA RAO., 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:21.03.2012 PASSED IN MVC NO.211/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, CHANNARAYAPATNA.

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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.Y.S.Murugendra., learned counsel for the appellant and Sri.L.Srikanta Rao., learned counsel for the respondent No.2 have appeared in person.

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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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NC: 2024:KHC:11990 MFA No. 2188 of 2013

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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. The compensation awarded by the Tribunal towards Pain and sufferings, Medical expenses and loss of income during the period of treatment remains intact.

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It is noticed that the Tribunal has awarded compensation of Rs.1,45,800/- (Rupees One Lakh Forty Five Thousand Eight Hundred only) towards Loss of future income due to disability. It is contended that the claimant was working as agriculturist and earning a sum of Rs.150/- (Rupees One Fifty only) per day or Rs.4,500/- (Rupees Four Thousand Five Hundred only). 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 2008, the salary of the injured must be taken as Rs.4,500/- (Rupees Four Thousand Five Hundred only) per month. The age of the claimant was 32 years as on the date of accident, hence the multiplier 16 is to

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4 - NC: 2024:KHC:11990 MFA No. 2188 of 2013

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be adopted. It is said that the claimant has suffered total disability of 18%. Hence, the amount towards loss of future income due to disability is calculated as under:

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Rs.4,500/- X 12 X 16 X 18/100 = Rs.1,55,520/-.

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This Court deems it appropriate to award Rs.30,000 (Rupees Thirty Thousand only) towards Loss of amenities as against Rs.15,000/- (Rupees Fifteen Thousand only) awarded by the Tribunal.

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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	Rs.40,000/-
2.	Medical Expenses	60,000	Rs.60,000/-
3.	Loss of income during the period of treatment	36,000	Rs.36,000/-
4.	Loss of future income due to disability	1,55,520	Rs.1,55,520/-
5.	Loss of amenities	15,000+ 15,000	Rs.30,000/-
6.	Future medical expenses	20,000	Rs.20,000/-
		Total:	Rs.3,41,520/-
		Rounded off:	Rs.3,42,000/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.3,16,800/-
	Enhanced compensa	tion awarded by this Court:	Rs.25,200/-

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NC: 2024:KHC:11990 MFA No. 2188 of 2013

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7. Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:21.03.2012 passed by the Court of the Fast Track Court, Channarayapatna in M.V.C No.211/2011 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.25,200/- (Rupees Twenty Five Thousand Two Hundred 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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The Registry to draw the modified award

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accordingly.

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NC: 2024:KHC:11990 MFA No. 2188 of 2013

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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.: 11

Nanjamari S/O Rangegowda v. Rajani Bhat

Case brief

What is this about?

What did the court decide?

Nanjamari S/O Rangegowda v. Rajani Bhat

Case brief

What is this about?

What did the court decide?

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