Allowed

Manjunatha v. Rajashekara

Karnataka HC25 Mar 2024MFA/3433/2013

Case brief

AI extract

What is this about?

Appeal filed for enhancement of compensation in a motor vehicle accident case. The High Court enhanced compensation for pain and suffering, special diet, loss of amenity, and loss of future earnings while retaining amounts for medical expenses. Total enhancement was Rs. 70,800.

What did the court decide?

Enhanced compensation of Rs. 70,800 with 6% simple interest; judgment dated 24.11.2012 modified.

Manjunatha Vs Rajashekara — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:12236 MFA No. 3433 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^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.3433 OF 2013 (MV)

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BETWEEN:

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MANJUNATHA S/O VENKATEGOWDA, AGED ABOUT 41 YEARS, THATTEKERE VILLAGE, ALUR TALUK, HASSAN DISTRICT-573 201.

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…APPELLANT

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(BY SMT. DARSHITHA.P.M., ADVOCATE FOR SRI. SIDDHARTH.B.MUCHANDI., ADVOCATE)

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AND:

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RAJASHEKARA

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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S/O MALLEGOWDA, MAJOR IN AGE, CHIGALURU VILLAGE, PLAYA HOBLI, ALUR TALUK, HASSAN DISRICT-573 201.

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THE NATIONAL INSURANCE CO. LTD., SRI. MANJUNATHESHWARA COMPLEX, BUS STAND ROAD, HASSAN-573 201.

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…RESPONDENTS

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(R1-SERVED AND UNREPRESENTED; BY SRI. JANARDHAN REDDY., 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:24.11.2012

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NC: 2024:KHC:12236 MFA No. 3433 of 2013

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PASSED IN MVC NO.1781/2010 ON THE FILE OF THE MEMBER, ADDL. MACT, PRL. SENIOR CIVIL JUDGE , HASSAN.

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

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JUDGMENT

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Smt.Darshitha.P.M., learned counsel on behalf of Sri.Siddarth B.Muchandi., for the appellant and Sri.Janardhan Reddy., learned counsel for 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 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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The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The grounds

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3 - NC: 2024:KHC:12236 MFA No. 3433 of 2013

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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.40,000/- (Rupees Forty Thousand only) towards pain and suffering as against Rs.20,000/(Rupees Twenty Thousand only) awarded by the Tribunal.

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The compensation of Rs.5,000/- (Rupees Five Thousand only) awarded towards Medical expenses, Rs.10,000/- (Rupees Ten Thousand only) each towards loss of amenities and loss of future medical expenses awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.10,000/(Rupees Ten Thousand only) towards Special diet, nursing, extra nourishment and conveyance charges and attendant charges as against Rs.8,000/- (Rupees Eight Thousand only).

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It is noticed that the Tribunal has awarded Rs.43,200/(Rupees Forty Three Thousand Two Hundred only) towards loss of future earning. It is contended that the claimant was working as agriculturist and earning Rs.9,000/- (Rupees Nine Thousand

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4 - NC: 2024:KHC:12236 MFA No. 3433 of 2013

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only) per month. 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 2010, the salary of the injured must be taken as Rs.5,500/- (Rupees Five Thousand Five Hundred only) per month. The age of the claimant was 38 years as on the date of accident, hence the multiplier 15 is to be adopted. It is said that the claimant has suffered total disability of 8%. Hence, the amount towards loss of future earning capacity is calculated as under:

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Rs.5,500/- X 12 X 15 X 8/100 = Rs.79,200/-.

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Similarly, this Court deems it appropriate to award Rs.16,500/- (Rupees Sixteen Thousand Five Hundred only) towards loss of earning during treatment period as against Rs.4,000/- (Rupees Four Thousand only).

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compensation as under:-

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5 - NC: 2024:KHC:12236 MFA No. 3433 of 2013

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1.	Pain and Sufferings	20,000+ 20,000	Rs.40,000/-
2.	Medical Expenses	5,000	Rs.5,000/-
3.	Special diet, nursing, extra nourishment, conveyance and attendant charges	8,000+ 2,000	Rs.10,000/-
4.	Towards loss of earning during treatment period	5,500 X 3	Rs.16,500/-
5.	Towards loss of future income 5,500 x 12 x 15 x 8/100	79,200	Rs.79,200/-
6.	Loss of amenities	10,000	Rs.10,000/-
7.	Future medical expenses	10,000	Rs.10,000/-
		Total:	Rs.1,70,700/-
		Rounded off:	Rs.1,71,000/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.1,00,200/-
	Enhanced compensa	tion awarded by this Court:	Rs.70,800/-

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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:24.11.2012

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NC: 2024:KHC:12236 MFA No. 3433 of 2013

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passed by the Court of Prl. Senior Civil Judge and Addl. M.A.C.T, Hassan in M.V.C No.1781/2010 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced compensation of Rs.70,800/- (Rupees Seventy Thousand Eight Hundred only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The second respondent Insurance

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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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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.: 2 Sl No.: 4

Manjunatha v. Rajashekara

Case brief

What is this about?

What did the court decide?

Manjunatha v. Rajashekara

Case brief

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