Partly allowed

Mr. K. S. Srijith v. Mr. Lokesha

Karnataka HC21 Jun 2024MFA/3013/2018

Case brief

AI extract

What is this about?

The appellant challenged the compensation award in a motor accident claim petition. The High Court found the Tribunal's assessment of functional disability and loss of income inadequate. The Court modified the award, enhancing total compensation from Rs. 5,46,750 to Rs. 7,93,550 and directing interest on the enhanced amount.

What did the court decide?

Enhancement of compensation to Rs. 7,93,550/- with interest at 6% per annum on the enhanced amount.

Mr. K. S. Srijith Vs Mr. Lokesha — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:24836 MFA No. 3013 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 3013 OF 2018 (MV-I)

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BETWEEN:

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MR. K. S. SRIJITH, S/O MR. K.V.SATHYAN ACHARI, AGED ABOUT 27 YEARS, R/AT KALLUR VILLAGE, SOMVARPETE TALUK, KODAGU DISTRICT – 571 237

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…APPELLANT

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(BY SMT.LAKSHMI DEVI K., ADVOCATE FOR SRI. PRASANNA V 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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MR. LOKESHA, S/O MR. VENKATESH GOWDA, AGED ABOUT 34 YEARS, R/AT THENDEKERE, K.R.PET TALUK, MANDYA DISTRICT – 571 426. (DRIVER OF TIPPER LORRY KA-55-6120).

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MR. SOMASHEKAR, AGED ABOUT 32 YEARS, PROPRIETOR, SRI. LAXMI DEVI TRADERS, BILIKERI (H & P), HUNSUR TALUK, MYSORE DISTRICT, (OWNER OF TIPPER LORRY KA-55-6120).

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THE MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, #35, 1^ST FLOOR, NEAR AKSHAY BHANDAR, NEW KANTHARAJ URS ROAD, KUVEMPU NAGAR,

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NC: 2024:KHC:24836 MFA No. 3013 of 2018

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MYSURU – 570 023. (INSURER OF TIPPER LORRY KA-55-6120).

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…RESPONDENTS

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(BY SRI.D.VIJAYKUMAR, ADVOCATE FOR R3; NOTICE TO R1 AND R2 IS DISPENSED WITH VIDE ORDER DATED 14.12.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC NO.74/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KODAGU MADIKERI, 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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JUDGMENT

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This appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988, challenging the award dated 06.01.2018 in MVC No.74/2016, passed by the I Additional District Judge and MACT, Kodagu, Madikeri.

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The claimants filed a claim petition under Section 166 of the MV Act, seeking just and proper compensation for having sustained accidental injuries on 10.12.2015. They are now before this Court seeking an enhancement of the awarded compensation.

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The Tribunal awarded a total compensation of Rs.5,46,750/- with interest at the rate of 9% per annum.

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Learned counsel for the appellant/claimant contends that the doctor has assessed the functional disability of the claimant's right upper limb, rendering him unable to work as before.

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NC: 2024:KHC:24836 MFA No. 3013 of 2018

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The Tribunal assessed the functional disability at 30% to the whole body. The claimant was aged 24 years at the time of the accident, and due to the disability, there is no possibility of getting married.

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The Tribunal has assessed the income of the claimant at Rs.6,000/-, and in the absence of proof of income, the notional income is assessed at Rs.9,000/- as per the chart prepared by the Karnataka State Legal Services Authority for accidents occurring in the year 2015. The claimant was an in-patient for 9 days. Having regard to the nature of the injuries and the permanent disability suffered by the claimant, the compensation awarded is reassessed as follows:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Towards pain and suffering	40,000	50,000
Towards medical expenses	36,550	36,550
Towards conveyance and attendant charges during hospitalization period of 9 days at the rate of Rs.300 per day	2,700	…….
Towards food and nourishment	2,700	5,000
Towards loss of income during laid up period	36,000	54,000
Towards loss of happiness and future amenities	20,000	40,000

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4 - NC: 2024:KHC:24836 MFA No. 3013 of 2018

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Towards future medical expenses	20,000	20,000
Towards of loss of future income due to disability	3,88,800	5,88,000
Total	5,46,750	7,93,550/-

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In the result, the appeal is allowed-in-part . The judgment of the Claims Tribunal is modified. The claimant is entitled for a total compensation of Rs.7,93,550/- as opposed to Rs.5,46,750/- awarded by the Tribunal.

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The enhanced compensation amount of Rs.2,46,800/shall carry interest at the rate of 6% per annum from the date of filing the petition till the date of realization.

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To this extent, the impugned award stands modified.

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Sd/JUDGE

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RKA

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Page No.4 is retyped and replaced vide court order dated 12.08.2024

Mr. K. S. Srijith v. Mr. Lokesha

Case brief

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Mr. K. S. Srijith v. Mr. Lokesha

Case brief

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What did the court decide?

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