Allowed

Sri Bibijan v. Sri. M. Manjunath Rao

Karnataka HC13 Mar 2024MFA/4595/2013

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. The Court addressed the appellant's vegetarian vendor status and calculated future loss of income based on an official chart due to absent income proof, while also increasing amounts for pain, suffering, and amenities.

What did the court decide?

Compensation enhanced to Rs. 1,78,005/-; order modified; interest at 6% p.a. from date of claim; insurance company directed to pay within two months.

Sri Bibijan Vs Sri. M. Manjunath Rao — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:10339 MFA No. 4595 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^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. 4595 OF 2013 (MV)

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BETWEEN:

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SRI. BIBIJAN W/O SRI. ABDUL KHUDDUS, AGED ABOUT 62 YEARS, OCC: NIL, R/O NO.86/9, 5^TH CROSS, WEST PADARAYANAPURA, MYSORE ROAD, BANGALORE-560 026.

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…APPELLANT

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(BY SRI.SURESH.M.LATUR., ADVOCATE)

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AND:

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SRI. M.MANJUNATH RAO NO.1316, 11^TH MAIN, VIJAYANAGAR, BANGALORE-560 040.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE REGIONAL MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD., NO.132, 1^ST & 2^ND FLOOR, SOUREGION, BRIGADE ROAD, BANGALORE-560 064.

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…RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED:03.11.2015; BY SRI. M.ARUN PONAPPA., ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:08.03.2013 PASSED IN MVC

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NC: 2024:KHC:10339 MFA No. 4595 of 2013

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NO.7448/2011 ON THE FILE OF THE X ADDL. SMALL CAUSES JUDGE, XXXV ACMM, BANGALORE CITY.

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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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Sri.Suresh M.Latur., learned counsel for the appellant has appeared through video conferencing.

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Though the appeal is listed today for admission, it is heard finally.

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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 and also the records 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:10339 MFA No. 4595 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.

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It is noticed that the Tribunal has awarded compensation of Rs.58,800/- (Rupees Fifty Eight Thousand Eight Hundred only) towards Loss of future income. It is contended that the claimant was working as vegetable vendor and was earning a sum of Rs.6,000/- (Rupees Six Thousand 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 2011, the salary of the injured must be taken as Rs.6,500/- (Rupees Six Thousand Five Hundred only) per month. The age of the claimant was 65 years as on the date of accident, hence the multiplier 7 is to be adopted. It is said that the claimant has suffered total disability of 14%. Hence, the amount towards loss of future earning capacity due to disability is calculated as under:

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Rs.6,500/- X 12 X 7 X 14/100 = Rs.76,440/-.

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NC: 2024:KHC:10339 MFA No. 4595 of 2013

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This Court deems it appropriate to award Rs.30,000/(Rupees Thirty Thousand only) towards pain and suffering as against Rs.20,000/(Rupees Twenty Thousand only); Rs.30,000/- (Rupees Thirty Thousand only) towards loss of amenities in life as against Rs.20,000/- (Rupees Twenty Thousand only); Rs.10,000/- (Rupees Ten Thousand only) towards disfigurement as against Rs.5,000/- (Rupees Five Thousand only); Rs.5,000/- (Rupees Five Thousand only) towards attendant charges, food and nourishment charges as against Rs.1,000/and Rs.19,500/(Rupees Nineteen Thousand Five Hundred only) towards laid up period as against Rs.15,000/- (Rupees Fifteen Thousand only) awarded by the Tribunal.

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The compensation of Rs.2,065/- (Rupees Two Thousand and Sixty Five only) towards medical expenses and Rs.5,000/(Rupees Five Thousand only) towards permanent disability remains intact.

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compensation as under:-

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5 - NC: 2024:KHC:10339 MFA No. 4595 of 2013

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1.	Towards loss of future income 6,500 x 12 x 7 x 14/100	76,440	Rs.76,440/-
2.	Towards pain and suffering	20,000+ 10,000	Rs.30,000/-
3.	Towards loss of amenities in life	20,000+ 10,000	Rs.30,000/-
4.	Towards medical expenses	2,065	Rs.2,065/-
5.	Towards disfigurement	5,000+ 5,000	Rs.10,000/-
6.	Towards permanent disability	5,000	Rs.5,000/-
7.	Towards attendant charges, food and nourishment charges	1,000 +4,000	Rs.5,000/-
8.	Towards loss of income during laid up period	6,500 X 3	Rs.19,500/-
		Total:	Rs.1,78,005/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.1,26,865/-
	Enhanced compensa	tion awarded by this Court:	Rs.51,140/-

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Having regard to the facts and circumstances of the case

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and the prevailing rate of interest during the relevant time, this

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6 - NC: 2024:KHC:10339 MFA No. 4595 of 2013

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Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is

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allowed and the Judgment dated:08.03.2013 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-16) in M.V.C No.7448/2011 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced

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compensation of Rs.51,140/- (Rupees Fifty One Thousand One Hundred and Forty only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The Insurance Company shall deposit

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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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NC: 2024:KHC:10339 MFA No. 4595 of 2013

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The Registry to draw the modified award

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accordingly.

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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.: 1 Sl No.: 38

Sri Bibijan v. Sri. M. Manjunath Rao

Case brief

What is this about?

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Sri Bibijan v. Sri. M. Manjunath Rao

Case brief

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