Allowed

Kavitha v. Naveen Kumar. N. S.

Karnataka HC25 Nov 2024MFA/5607/2019

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court enhanced the compensation awarded to a motor vehicle accident claimant. The court modified the disability percentage from 8% to 15% and increased awards for future earning loss, pain and sufferings, loss of amenities, and future medical expenses, while affirming other heads of compensation.

What did the court decide?

Enhanced total compensation to Rs. 5,78,118/- with 6% p.a. interest, directing the insurer to deposit the amount within two months.

Kavitha Vs Naveen Kumar. N. S. — Contract and Commercial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:48275 MFA No. 5607 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.5607 OF 2019(MV-I)

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BETWEEN:

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KAVITHA W/O. HANUMANTHAPPA AGED ABOUT 30 YEARS WORKING IN GARMENTS FACTORY R/O. MAJJIGENAHALLI-DONABAGATTA BHADRAVATHI TALUK - 577 229 SHIVAMOGGA DISTRICT.

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…APPELLANT

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(BY SRI RAJENDRA S., FOR SRI S. V. PRAKASH, ADVOCATES)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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NAVEEN KUMAR N. S. S/O. SIDDALINGAPPA AGED ABOUT 35 YEARS DRIVER OF MARUTHI OMNI CAR BEARING REG. NO.KA-18-Z/0680 DL. NO. KA-51/2486/07 VALID UPTO 22.05.2027 R/O. H. NO. 334/3, II CROSS, II MAIN NEAR GANGAMMA TEMPLE KOTNUR DINNAI MAIN ROAD CHUNCHUGATTA, J. P. NAGAR, 8^TH STAGE BENGALURU - 560 078.

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N. E. SHADAKSHARAPPA S/O. LATE ERAPPA AGED ABOUT 61 YEARS OWNER OF MARUTHI OMNI CAR BEARING REG. NO. KA-18-Z/0680 R/O. NERLEKERE VILLAGE

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NC: 2024:KHC:48275 MFA No. 5607 of 2019

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AMRUTHAPURA HOBLI TARIKERE TALUK - 577 228 CHIKKAMAGALURU DISTRICT.

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IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED POLICY NO.89301388 VALID UPTO 28.06.2017 SHASHI KIRAN BUILDING I FLOOR, SHANKARMUTT ROAD SHIVAMOGGA - 577 201.

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…RESPONDENTS

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(BY SRI B. C. KESHAVA MURTY, ADVOCATE FOR R-1 & R-2; SRI D. VIJAY KUMAR, ADVOCATE FOR R-3)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2019 PASSED IN MVC NO.1029/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT-11, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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Being dissatisfied with the award of compensation of Rs.3,44,200/-, the claimant is in this appeal seeking enhancement.

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The occurrence of the accident and the liability to pay compensation by the Insurer are not in dispute.

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3 - NC: 2024:KHC:48275 MFA No. 5607 of 2019

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The Tribunal has recorded a finding that the claimant suffered an open multi ligament injuries of right knee and fracture of right proximal tibia. The Tribunal has also come to the conclusion that the claimant had post traumatic stiffness of right knee, post traumatic weakness of right quadriceps femoris grade IV/V, post traumatic mediolateral instability of right knee grade, post-traumatic mediolateral instability of right knee grade, post-traumatic mediolateral instability of right knee Grade-I and the doctor had ultimately stated that she had suffered 23% disability to the right lower limb and that she needs to use a knee brace for outdoor activities, for viscosupplementation of right knee once in 18 months for which the approximate cost is Rs.20,000/-. The Tribunal has ultimately come to the conclusion that the claimant had suffered disability to the extent of 8%. In my view, having regard to the evidence of the doctor, it would be appropriate to treat the disability at 15% as against 8% to the whole body.

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4 - NC: 2024:KHC:48275 MFA No. 5607 of 2019

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The claimant contended that she was working as an employee in a Garment factory and she has produced the salary slip indicating that she was getting a salary of Rs.7,450/-. The Tribunal has accordingly assessed the income at Rs.7,000/- per month after taking into consideration the deductions. In my view, this assessment of income cannot be found fault with and thereafter the Tribunal has applied the multiplier of ‘17’ and awarded a sum of Rs.1,14,240/-. However, since the claimant is ultimately disabled to the extent of 15%, now she would be entitled to a sum of Rs.2,14,200/(Rs.7,000/- x 12 x ‘17’ x 15%).

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The Tribunal has awarded Rs.75,000/- towards ‘pain and sufferings’ and it has not awarded any sum towards ‘loss of amenities’. In my view, it would be appropriate to enhance the same to Rs.1,00,000/toward ‘pain and sufferings’ and award a sum of Rs.75,000/- towardss ‘loss of amenities’.

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5 - NC: 2024:KHC:48275 MFA No. 5607 of 2019

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The Tribunal has awarded Rs.46,920/- towards ‘medical expenses’ which, based on documentary evidence, is affirmed.

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The Tribunal has awarded Rs.20,000/- towards ‘future medical expenses’. Since the Tribunal has stated that she would require viscosupplementation once in 18 months, it would be appropriate to enhance the said sum to Rs.40,000/-.

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The Tribunal has awarded Rs.59,998/- towards ‘conveyance, food, nourishment and attendant charges’. The said award is just and proper and is accordingly affirmed.

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The Tribunal has taken the laid-up period as four months. In light of the injuries suffered by the claimant, it would be appropriate to treat the laid-up period as six months and award a sum of Rs.42,000/- (Rs.7,000/- x 6 months).

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6 - NC: 2024:KHC:48275 MFA No. 5607 of 2019

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Consequently, the award of the Tribunal is modified and the following sums are awarded as

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	75,000/-	1,00,000/-
2.	Loss of future earnings	1,14,240/-	2,14,200/-
3.	Medical expenses	46,920/-	46,920/-
4.	Loss of income during the laid up period	28,000/-	42,000/-
5.	Conveyance, nourishment and nutritious food	59,998/-	59,998/-
6.	Loss of amenities in life	Nil	75,000/-
7.	Future medical expenses	20,000/-	40,000/-
	Total	3,44,200/-	5,78,118/-

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Accordingly, the claimant is held entitled for compensation of Rs.5,78,118/- as against

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Rs.3,44,200/- along with interest at the rate of 6%

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7 - NC: 2024:KHC:48275 MFA No. 5607 of 2019

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p.a. on the enhanced compensation amount from the

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date of petition till its realisation.

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The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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The other aspects of the Award of the Tribunal remain undisturbed.

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This appeal is, accordingly, allowed in part .

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Sd/(N S SANJAY GOWDA) JUDGE

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HNM, List No.: 1 Sl No.: 32

Kavitha v. Naveen Kumar. N. S.

Case brief

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Kavitha v. Naveen Kumar. N. S.

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