Allowed

Sri Kare Rangappa v. the Inspector of Excise

Karnataka HC11 Jul 2024MFA/2935/2020

Case brief

AI extract

What is this about?

ThisMisc First Appeal under Section 173(1) of the MV Act concerned enhancement of compensation awarded in RTC No. 950/2016 because the Tribunal under-assessed the claimant's income and permanent physical disability.

What did the court decide?

Compensation enhanced to Rs. 4,01,440/- with 6% interest from the date of petition.

What the court decided

Sri Kare Rangappa Vs the Inspector of Excise — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:26917 MFA No. 2935 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^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. 2935 OF 2020 (MV-I)

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BETWEEN:

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SRI KARE RANGAPPA S/O RANGAPPA, AGED ABOUT 65 YEARS, R/AT MARENADU VILLAGE, HULIYAR HOBLI, CHIKKANAYAKANHALLI TQ, TUMKURU DIST. NOW AT C/O MARIYAPPA, APMC WORKER NEAR THIPPERAGHATTEMMA TEMPLE, GOPALAPURA ROAD, CHITRADURGA.

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…APPELLANT

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(BY SRI. SHIVAREDDY A S., ADVOCATE)

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AND:

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THE INSPECTOR OF EXCISE HOSADURGA RANGE, BHAGIRATH COMPLEX, HOLALKERE ROAD, HOSADURGA.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE SUPERINTENDENT OF EXCISE 2ND CROSS, MLA THIPPERUDRAPPA BLGD, VP EXTENSION CHITRADURGA.

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THE DIRECTOR KARNATAKA GENERAL INSURANCE DEPARTMENT, MOTOR BRANCH, VISHWESHWARAIAH TOWER, M.G.ROAD, BANGALORE - 01.

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THE DEPUTY DIRECTOR KGID MOTOR BRANCH, HOLALKERE ROAD, CHITRADURGA.

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…RESPONDENTS (BY SMT. SARITHA KULKARNI, HCGP FOR R3 & R4; V/O DATED 27.9.22 NOTICE TO R1 & R2 D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.26.04.2017 PASSED IN MVC NO.

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NC: 2024:KHC:26917 MFA No. 2935 of 2020

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950/2016 ON THE FILE OF THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, 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 under Section 173(1) of the M.V. Act arises from the judgment and award dated 26.4.2017, passed by the 1st Senior Civil Judge and IV MACT, Chitradurga, in MVC No.950/2016.

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The appellant/claimant, who sustained injuries in a road traffic accident on 04.01.2016, filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking just and proper compensation. The Tribunal awarded a total compensation of Rs.2,99,740/- with interest at the rate of 6% p.a. Being dissatisfied with the quantum of compensation, the claimant is before this Court.

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Heard the learned counsel for the appellant and the respondent - Insurance Company.

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The accident occurred in the year 2016, and the claimant was aged 63 years at the time of the accident. In the absence of proof of income, the notional income is assessed at Rs.9,500/- per month, according to the chart prepared by the Karnataka Legal Services Authority, as opposed to Rs.8,000/assessed by the Tribunal.

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NC: 2024:KHC:26917 MFA No. 2935 of 2020

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The doctor, who was examined as P.W.3, assessed the permanent physical disability to a particular limb at 56.17%. However, the Tribunal assessed the permanent physical disability at 18.72%.

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The claimant admittedly sustained a fracture of the right femur and underwent CRIF with IMIL nail surgery.

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Given the nature of injuries sustained by the claimant and in the absence of proof of income, the income of the appellant is assessed at Rs.9,500/- per month, as opposed to Rs.8,000/assessed by the Tribunal. Therefore, the appellant is entitled for the enhanced compensation under the following heads:

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Pain and Suffering	:	Rs.	1,00,000/-
Medical Expenses	:	Rs.	10,000/-
Loss of Amenities	:	Rs.	50,000/-
Food and nourishment, conveyance		Rs.	18,000/-
And attendant charges)
Loss of future earning due to disability	:	Rs.	1,94,940/-
(Rs.9,500 X 12 X 9 X 19/100)
Loss of income during laid up period	:	Rs.	28,500/-
TOTAL	:	Rs.	4,01,440/-

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NC: 2024:KHC:26917 MFA No. 2935 of 2020

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In all, the appellant/claimant is entitled for the total compensation of Rs.4,01,440/- as opposed to Rs.2,99,740/awarded by the Tribunal. The enhanced compensation is Rs.1,01,700/-.

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To this extent, the award passed by the Tribunal stands modified. The enhanced compensation of Rs.1,01,700/shall carry interest at the rate of 6% p.a. from the date of petition till the date of actual realization.

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The enhanced amount 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. The entire enhanced compensation amount to be released in favour of the appellant/claimant. However, the claimant shall not be entitled for interest for the delayed period of 881 days in filing the appeal.

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The appeal is disposed of.

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Sd/JUDGE

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Sri Kare Rangappa v. the Inspector of Excise

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Sri Kare Rangappa v. the Inspector of Excise

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