Partly allowed

Sri K Chandrappa v. Ramesh

Karnataka HC17 Jan 2024MFA/397/2019

Case brief

AI extract

What is this about?

The High Court allowed the miscellaneous first appeal filed by the claimant seeking enhancement of motor accident compensation. The court awarded total compensation of Rs.1,90,000, directing insurers to pay 50% each and granting interest at 6% per annum.

What did the court decide?

Enhanced compensation of Rs.1,39,500 in addition to trib. award, with interest at 6% p.a.; insurers to pay 50% each.

Sri K Chandrappa Vs Ramesh — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:2575 MFA No. 397 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.397 OF 2019 (MV-I)

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BETWEEN:

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SRI K CHANDRAPPA, S/O KATTE RANGAPPA, AGED ABOUT 49 YEARS, R/AT. KONDAPURA VILLAGE, HOSADURGA TALUK, CHITRADURGA DIST. NOW R/AT CHIKKAJAJUR VILLAGE, B.DURGA HOBLI, HOLALKERE TALUK, CHITRADURGA DIST.-577 518.

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…APPELLANT

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(BY SRI S C MANJUNATH, ADVOCATE)

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AND:

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RAMESH, Digitally signed by RAMYA D S/O RANGAPPA, Location: HIGH AGE MAJOR, COURT OF KARNATAKA NARAYANAGONDANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DIST.-577 518.

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SYED ABDUL RASOOL, S/O ABDUL RAHEEM, NO.256/3, 21^ST CROSS, 16^TH MAIN ROAD, N S PALYA, BTM 2^ND STAGE, BANGALORE-560 076.

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THE DIVISIONAL MANAGER,

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2 - NC: 2024:KHC:2575 MFA No. 397 of 2019

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NATIONAL INSURANCE CO.LTD., OPP. BAPUJI AUDITORIUM, MCC-BLOCK, DAVANAGERE-577 004.

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M B RAVINDRA, S/O BASAVASHEREGAR, R/AT. MAHISHI AT POST, THIRTHAHALLI TALUK, SHIMOGA DIST.-577 432.

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THE DIVISIONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., ZONAL OFFICE SOUTH, KSCMF BUILDING, 3^RD BLOCK, 8^TH CUNNINGHAM ROAD, BANGALORE-560 052.

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…RESPONDENTS

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(BY SRI SHIVA KUMARAPPA.T.C, ADVOCATE FOR R1; SRI M.S. MUKARRAM, ADVOCATE FOR R2; SRI RAVISH BENNI, ADVOCATE FOR R3; R-4 NOTICE SERVED;

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SRI D VIJAY KUMAR, ADVOCATE FOR R5)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO.562/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND M.A.C.T., HOLALKERE, 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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3 - NC: 2024:KHC:2575 MFA No. 397 of 2019

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JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded by the Senior Civil Judge & MACT, Holalkere, by judgment and award dated 28.06.2018 passed in MVC No.562/2016.

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The factum of accident, injuries sustained and

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coverage of insurance, are not in dispute.

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Heard the arguments of both sides and perused

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the materials on record.

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The medical records on record proves that the

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claimant has suffered following injuries:

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(i) 1 x 1 cm and 0.5 x 0.5 cm abrasions

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(ii) LE-Open Globe Injury and other injuries in grievous in nature

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The Tribunal has awarded compensation under

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various heads as follows:

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4 - NC: 2024:KHC:2575 MFA No. 397 of 2019

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Sl. No.	Particulars	Amount in Rs.
1	Towards pain and suffering	25,000/-
2	Towards loss of amenities and happiness and frustration of life	10,000/-
3	Towards conveyance, attendant, food, nourishment charges	5,000/-
4	Towards medical expenses	10,463/-
	Total	50,463/-

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The compensation awarded by the Tribunal is lesser and the Tribunal has not followed correct parameters while determining the compensation. Therefore, the claimant is entitled for enhancement of compensation.

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The Tribunal has awarded compensation of Rs.25,000/- towards ‘pain and suffering’. Considering the nature of injuries sustained and treatment undergone by the claimant, a compensation of Rs.40,000/- is awarded under the head ‘pain and suffering’ in addition to what has been awarded by the Tribunal, which would result in a sum of Rs.65,000/-.

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5 - NC: 2024:KHC:2575 MFA No. 397 of 2019

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The Tribunal has awarded compensation of

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Rs.10,463/- towards medical expenses based on the medical bills produced by the claimant. But considering the medical reports and medical bills produced by the claimant and the fact that claimant has undergone eye surgery of his left eye at Shankara Hospital, it is just and proper to award compensation of Rs.50,000/- under the head ‘medical expenses’, in addition to what has been awarded by the Tribunal, which would result in Rs.60,463/- and rounded off to Rs.60,000/-.

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Taking into consideration that claimant has undergone surgery of left eye and the period of hospitalization, it is just and proper to award a sum of Rs.15,000/- towards ‘loss of income during laid up period’.

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The Tribunal has awarded compensation of Rs.10,000/- towards ‘loss of amenities and happiness and frustration in life’. Looking into the nature of injuries sustained by the claimant, it is just and proper to award a sum of Rs.20,000/- under the head ‘loss of amenities’ in

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6 - NC: 2024:KHC:2575 MFA No. 397 of 2019

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addition to what has been awarded by the Tribunal, which would result in Rs.30,000/-.

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The Tribunal has awarded compensation of Rs.5,000/- towards ‘food, nourishment, conveyance and attendant charges’, which is on lower side. Therefore, a sum of Rs.15,000/- is awarded under the head ‘food, nourishment, conveyance and attendant charges’ in addition to what has been awarded by the Tribunal, which

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would result in Rs.20,000/-.

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Thus, in all claimant is entitled to compensation

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as follows:

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Sl. No.	Particulars	Awarded by the Tribunal	Awarded by this Court
1	Pain and suffering	25,000/-	65,000/-
2	Medical expenses	10,463/-	60,000/-
3	Loss of income during laid up period	--	15,000/-
4	Loss of amenities	10,000/-	30,000/-
5	Food, nourishment, conveyance and
	attendant charges	5,000/-	20,000/-
	Total	50,463/-	1,90,000/-

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NC: 2024:KHC:2575 MFA No. 397 of 2019

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The Tribunal has awarded compensation of Rs.50,463/-, but the appellant/claimant is entitled to total compensation of Rs.1,90,000/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.1,39,537 (Rs.1,90,000/- - Rs.50,463/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,39,537/-, which is rounded off to Rs.1,39,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Respondent No.3 is the insurer of Maruthi Omni

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car and the accident is between the Maruthi Car bearing registration No.KA-05/MH-9740 and Maruthi Omni Car bearing registration No.KA-14/N-7515 and both the drivers have contributed negligence towards the accident. As per the records it is proved that the accident has occurred in the middle of the road and therefore both the drivers have contributed to the accident. Hence, both the insurers and vehicles are indemnified to pay the

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NC: 2024:KHC:2575 MFA No. 397 of 2019

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compensation 50% each. Therefore, respondent Nos.2 and 3 being the insurers of the vehicles are directed to pay 50% of compensation each to the claimant.

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Accordingly, I proceed to pass the following:

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ORDER

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i. Appeal is allowed-in-part .

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ii. The impugned judgment and award dated 28.06.2018 passed in MVC No.562/2016 by the Senior Civil Judge & MACT, Holalkere, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.1,39,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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iii. No order as to costs.

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iv. Draw award accordingly.

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Sd/JUDGE

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List No.: 2 Sl No.: 13

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Sri K Chandrappa v. Ramesh

Case brief

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Sri K Chandrappa v. Ramesh

Case brief

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