Allowed

Smt Bushra v. Mahammad Haneff

Karnataka HC13 Mar 2024MFA/2859/2015

Case brief

AI extract

What is this about?

Appeal by an injured claimant seeking enhancement of compensation awarded by the MACT. The High Court enhanced amounts under heads including pain and suffering, loss of amenities and attendant charges, re-determining total compensation at Rs.3,62,100/- against the Tribunal award of Rs.3,05,000/-.

What did the court decide?

Enhanced compensation of Rs.57,100/- with 6% interest per annum from date of claim petition till realization; award modified; insurance company directed to deposit within two months.

Smt Bushra Vs Mahammad Haneff — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:10335 MFA No. 2859 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.2859 OF 2015(MV-I)

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BETWEEN:

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SMT. BUSHRA NOW AGED 32 YEARS: WIFE OF ABDUL HANEEF, R/A PIRDHOS MANZIL HOUSE: MADAVU, KEYYUR VILLAGE: PUTTUR TALUK: DAKSHINA KANNADA DISTRICT -574 201.

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…APPELLANT

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(BY SRI.VISHWANATHA POOJARY.K., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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MAHAMMAD HANEEF NOW AGED 36 YEARS, SON OF ABDULLA, R/O BELLYA HOUSE: AJJAVARA VILLAGE: SULLIA TALUK: DAKSHINA KANNADA DISTRICT - 574 239.

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THE MANAGER THE TATA AIG GENERAL INSURANCE CO. LTD., PENINSULA CORPORATION BANK, NICHOLAS PIRAMAL TOWER, 9^TH FLOOR, GANPATRAO KADAM MARG: LOWER PARELI, MUMBAI. PIN - 400013.

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…RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED: 08.03.2019; BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)

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2 - NC: 2024:KHC:10335 MFA No. 2859 of 2015

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2015 PASSED IN MVC NO.1043/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & A.C.J.M, MEMBER, MACT, PUTTUR.

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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.Vishwanath Poojary.K., learned counsel for the appellant and Sri.H.S.Lingaraj., learned counsel for 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 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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3 - NC: 2024:KHC:10335 MFA No. 2859 of 2015

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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.50,000/- (Rupees Fifty Thousand only) towards pain and sufferings as against Rs.20,000/(Rupees Twenty Thousand only) awarded by the Tribunal.

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The amount of Rs.35,000/- (Rupees Thirty Five Thousand only) towards Medical expenses; Rs.1,83,600/- (Rupees One Lakh Eighty Three Thousand Six Hundred only) towards Future earning capacity and Rs.10,000/- (Rupees Ten Thousand only) towards Future medical expenses awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.50,000/(Rupees Fifty Thousand only) towards loss of amenities as against Rs.25,000/- (Rupees Twenty Five Thousand only); Rs.13,500/- (Rupees Thirteen Thousand Five Hundred only) towards Loss of earning during treatment as against Rs.9,000/-

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4 - NC: 2024:KHC:10335 MFA No. 2859 of 2015

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(Rupees Nine Thousand only) and Rs.20,000/- (Rupees Twenty Thousand only) towards Attendant Charges, Conveyance Charges and Food and Nutrition/Nourishment as against

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Rs.12,000/- (Rupees Twelve Thousand only).

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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	30,000+ 20,000	Rs.50,000/-
2.	Medical Expenses	35,000	Rs.35,000/-
3.	Loss of Amenities	25,000 +25,000	Rs.50,000/-
4.	Loss of earnings during treatment	4,500 X 3	Rs.13,500/-
5.	Loss of future earning capacity	1,83,600	Rs.1,83,600/-
6.	Attendant Charges, Conveyance Charges, Food and nutrition/ nourishment	12,000 +8,000	Rs.20,000/-
7.	Future medical expenses	10,000	Rs.10,000/-
		Total:	Rs.3,62,100/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.3,05,000/-
	Enhanced compensa	tion awarded by this Court:	Rs.57,100/-

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NC: 2024:KHC:10335 MFA No. 2859 of 2015

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:02.01.2015 passed by the Court of Prl. Senior Civil Judge & ACJM and MACT, Puttur in M.V.C No.1043/2012 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced compensation of Rs.57,100/- (Rupees Fifty Seven Thousand One Hundred only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The 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 accordingly.

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NC: 2024:KHC:10335 MFA No. 2859 of 2015

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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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TKN List No.: 1 Sl No.: 26

Smt Bushra v. Mahammad Haneff

Case brief

What is this about?

What did the court decide?

Smt Bushra v. Mahammad Haneff

Case brief

What is this about?

What did the court decide?

What the court decided

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