Allowed

Vasudev L v. the Manager, M/S Iffco-Tokio General Insurance Company Ltd.

Karnataka HC19 Jul 2024MFA/3746/2020

Case brief

AI extract

What is this about?

Allowed an appeal against the Motor Accident Claims Tribunal award in a motor accident claim for right femur fracture injuries, enhancing the compensation from Rs. 4.69 lakh to Rs. 8.63 lakh due to reassessed functional disability and future loss of income.

What did the court decide?

The compensation enhanced to Rs. 8,63,296/- with interest at 6% p.a. to be deposited by the insurer within three months.

Vasudev L Vs the Manager, M/S Iffco-Tokio General… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:28166 MFA No. 3746 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^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. 3746 OF 2020 (MV-I)

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BETWEEN:

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VASUDEV L S/O LOKESH @ LOKESHAPPA AGE ABOUT 32 YEARS R/AT NO 36, 3RD CROSS ASHOKNAGAR, BAGALAGUNTE NAGASANDRA POST, BENGALURU - 560 073.

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…APPELLANT

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(BY SRI. GURUDEVAPRASAD K T., ADVOCATE)

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AND:

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THE MANAGER

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M/S IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., T P CLAIMS HUB, SHANTI TOWER, NO 141, 5TH FLOOR, 3RD MAIN ROAD EAST NGEF LAYOUT KASTURINAGAR 100FT OUTERRING ROAD

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

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K R PURAM, BENGALURU - 560 043.

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MR RAKESH K

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S/O KASHIVISHWANATH K R/AT NO 39/27 1ST MAIN ROAD BALAJI LAYOUT, VIDYARANYAPURA BENGALURU - 560 097

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…RESPONDENTS (BY SRI. S V HEGDE MULKHAND., ADVOCATE FOR R1; SRI. SARAVANA P, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGEMENT AND AWARD DATED 17.09.2019 PASSED IN MVC NO. 4209/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, MACT, MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR

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2 - NC: 2024:KHC:28166 MFA No. 3746 of 2020

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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 filed under Section 173(1) of the MV Act arises from the judgment and award dated 17.9.2019 passed in MVC No. 4209/2018 by the Motor Accident Claims Tribunal and learned V Additional Judge (SCCH-20), Mayo Hall Unit, Bengaluru.

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The appellant, having sustained injuries in a road traffic accident on 19.5.2018, filed a claim petition under Section 166 of the MV Act seeking just and proper compensation. The Tribunal awarded compensation of Rs. 4,70,000/- with interest at 9% p.a. The appellant is in appeal seeking an enhancement of compensation.

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Heard the learned counsel for the parties and perused the trial court records.

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The claimant having sustained grievous injuries in a road traffic accident on 19.5.2018 is not in dispute. As of the date of the accident, the claimant was 30 years old.

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The claimant sustained a right femur fracture extending up to the knee, and he was admitted to Hosmat Hospital, Bengaluru, on 19.5.2018. He underwent surgery with internal fixation, and a long locked compression plating was done. He was operated on again on 6.9.2018, during which old implants were removed, and he was given re-fixation of a 14-holed plate with bone grafting.

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NC: 2024:KHC:28166 MFA No. 3746 of 2020

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The doctor, who was examined as PW2, assessed 59% disability to the right lower limb and 20% to the whole body. The claimant was an inpatient for a period of ten days. PW2 opined that the pain extended from the hip joint to the knee joint due to the fracture from the femur to the condyle. Even a sitting job would be painful for the claimant. In the cross-examination, he admitted that the claimant is young and the pain may decrease over time, but there is no certainty that he will be completely free from physical disability. Taking into account the avocation of the claimant and the nature of the injuries sustained, the functional disability of the claimant is assessed at 10%, as opposed to the 5% assessed by the Tribunal.

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The Tribunal's assessment of the claimant's income at Rs.36,191/- is just and proper. The claimant was an employee at Urbanac Projects Pvt. Ltd.

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Given the nature of the injuries sustained, reassessment of

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the functional disability, the compensation awarded by the Tribunal is reassessed as follows:

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	MACT Rs.	HIGH COURT Rs.
1 Painand sufferings	50,000/-	50,000/-
2 Medicalexpenses	25,000/-	25,000/-
3 Nourishment and attendant charges	10,000/-	10,000/-
4Conveyance charges	10,000/-	10,000/-
5Loss ofamenities	5,000/-	30,000/-
6Futureloss of income	3,69,148/-	7,38,296/-
Total	4,69,153/-	8,63,296/-

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The claimant is entitled for total compensation of

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Rs.8,63,296/- as opposed to Rs.4,69,153/- awarded by the Tribunal.

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NC: 2024:KHC:28166 MFA No. 3746 of 2020

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The enhanced compensation amount of Rs.* 3,94,143/- 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.

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The order passed by the Tribunal fastening the liability to the Insurance Company to pay the compensation at the first instance, and recover the same from the owner of the insured vehicle in the same proceedings remains unlatered. To this extent, the impugned judgment and award stands modified. The appeal is allowed in part.

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Sd/JUDGE

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bkm

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corrected vide court order dated 20.08.2024

Vasudev L v. the Manager, M/S Iffco-Tokio General Insurance Company Ltd.

Case brief

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Vasudev L v. the Manager, M/S Iffco-Tokio General Insurance Company Ltd.

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