B Durugappa v. U Anjanamurthy
Case brief
What is this about?
In this Miscellaneous First Appeal against a Motor Accidents Claims Tribunal award, the High Court modified the compensation amount for a lorry driver involved in a road accident. The Court enhanced the disability percentage from 10% to 20% and recalculated compensation under various heads, totaling Rs. 7,14,920/-, allowing the appeal in part.
What did the court decide?
Compensation enhanced from Rs. 4,07,800/- to Rs. 7,14,920/- with interest at 6% p.a. from the date of petition.
What the court decided
- 1 - NC: 2024:KHC:42760 MFA No. 4144 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.4144 OF 2018(MV-I)
BETWEEN:
- B. DURUGAPPA S/O. LATE RAMAPPA AGED ABOUT 34 YEARS R/O. SASIVEHALLI VILLAGE NOW RESIDING AT JAYDANAKATTE VILLAGE (MUGGIDARAGIHALLI THIPPANNA) SIDDAYANAKOTE POST, JAGALUR TALUK DAVANAGERE DISTRICT-577 101.
…APPELLANT
(BY SMT. ANANNYA Y. V., ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
Issues for consideration
3 issues framed by the court
Whether the Tribunal's assessment of 10% whole body disability for a lorry driver with 40-45% right leg disability was erroneous and required enhancement.
Whether the compensation awarded for various heads including future earnings, pain and agony, and medical expenses required modification.
Since what interest should accrue on the enhanced amount of compensation.
Parties & counsel
- appellant
B. Durugappa S/o. Late Ramappa
- respondent
U. Anjanamurthy S/o. U. Hulikunteppa
- respondent
A. M. Mallikarjunaiah S/o. A. M. Panchakshariah
- respondent
Divisional Officer, National Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- MFA/4144/2018
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