Partly allowed

Shashidhar @ Shashikumar v. Suresh P K

Karnataka HC6 Jun 2024MFA/2355/2018

Case brief

AI extract

What is this about?

Injury claim from a motorcycle accident where the Tribunal found composite negligence and awarded Rs.78,000. On appeal, the High Court raised notional income to Rs.8,500 per month and recalculated compensation at Rs.1,92,000, reduced by 50% contributory negligence, awarding Rs.96,000 with enhanced amount of Rs.18,000 at 6% interest.

What did the court decide?

Enhanced compensation of Rs.18,000 (total Rs.96,000) with 6% p.a. interest, payable by insurer within three months.

Shashidhar @ Shashikumar Vs Suresh P K — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:19759 MFA No. 2355 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 2355 OF 2018 (MV-I)

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BETWEEN:

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SHASHIDHAR @ SHASHIKUMAR S/O KAMBEGOWDA, AGED ABOUT 32 YEARS, BASAVAGATTA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201.

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…APPELLANT

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(BY SMT. KAVITHA H.C., ADVOCATE)

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AND:

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SURESH P K S/O KENGEGOWDA, POOMAGAME VILLAGE, HONNAVARA POST HASSAN TALUK AND DISTRICT.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED., CHANDANA COMPLEX, HARSHA MAHAL HOTEL ROAD, HASSAN-573201.

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…RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R-2; V/O DATED 21.07.2022 NOTICE TO R1 IS DISPENCED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT 1988 AGAINST THE JUDGMENT AND AWARD DATED 23.02.2017 PASSED IN MVC NO.1218/2014 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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2 - NC: 2024:KHC:19759 MFA No. 2355 of 2018

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JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenges the award dated 23rd February 2017 in MVC No. 1218/2014, passed by the learned II Additional Senior Civil Judge and MACT, Hassan.

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The appellant filed a claim petition under Section 166 of the MV Act, stating that he sustained injuries in a road traffic accident. He was riding his motorcycle when the rider of the offending vehicle, driving in a rash and negligent manner, collided with his bike from the opposite direction. The Tribunal, after evaluating the evidence on record, attributed composite negligence equally (50% each) to the claimant and the rider of the offending vehicle. This conclusion was based on the fact that the charge sheet was filed against both parties. Consequently, the Tribunal awarded a total compensation of Rs.78,000, after deducting 50% due to the claimant's share of the negligence. The claimant has filed this appeal, taking exception to the Tribunal's decision.

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The parties' learned counsel were heard.

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The accident occurred in 2013, and at that time, the claimant was 26 years old. In the absence of proof of income, the claimant's notional income is assessed at Rs.8,500 per month, as opposed to the Rs.6,000 per month assessed by the Tribunal. The compensation awarded by the Tribunal is recalculated for loss of future income and other relevant categories, considering the nature

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3 - NC: 2024:KHC:19759 MFA No. 2355 of 2018

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of the injuries sustained. The revised compensation amounts are as follows:

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Pain and sufferings	Rs.70,000/-
Medical expenses, conveyance, food and nourishment charges	Rs.68,000/-
Loss of income during laid up period	Rs.24,000/-
Loss of amenities	Rs.30,000/-
Total Rs.	Rs.1,92,000/-
Less contributory negligence of 50% from the petitioner	Rs.96,000/- as against Rs.78,000/-

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The petitioner is entitled for total compensation of Rs.96,000/- as against Rs.78,000/- awarded by the Tribunal. The enhanced compensation amount of Rs.18,000/- shall carry interest at 6% p.a. from the date of petition till the actual date of realization.

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The enhanced compensation amount with interest to be deposited by the respondent - Insurance Company within a period of three months from the date of receipt of certified copy of this order. To this extent, stands modified. Appeal allowed in part.

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Sd/JUDGE

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BKM

Shashidhar @ Shashikumar v. Suresh P K

Case brief

What is this about?

What did the court decide?

Shashidhar @ Shashikumar v. Suresh P K

Case brief

What is this about?

What did the court decide?

What the court decided

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