Partly allowed

Sri. Balaiah v. Sri. C. Siddaraju

Karnataka HC14 Oct 2024MFA/9750/2018

Case brief

AI extract

What is this about?

The High Court modified the Motor Accidents Claim Tribunal award of Rs.4,73,606/-. The Court enhanced amounts for loss of amenities, food, nourishment, conveyance, and pain and suffering, concluding the appellant is entitled to Rs.6,63,606/-. The Insurance Company was directed to deposit the amount.

What did the court decide?

The Tribunal's award increased to Rs.6,63,606/- including enhanced compensation for amenities, food, and suffering, with 6% annual interest and direction to deposit within two months.

Sri. Balaiah Vs Sri. C. Siddaraju — Insurance | Karnataka HC (2024)

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1 - NC: 2024:KHC:41326 MFA No. 9750 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 9750 OF 2018

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(MV-I)

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BETWEEN:

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SRI. BALAIAH S/O DODDABASAIAH @ BASAVAIAH R/A BILIGIRIRANGANA BETTA CHAMARAJANAGAR TALUK

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PRESENT R/A C/O PUTTASWAMY HANUR TOWN KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT PIN-571303

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…APPELLANT

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(BY SRI. SANATH KUMARA K M., ADVOCATE)

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

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AND:

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SRI. C. SIDDARAJU S/O LATE SIDDAIAH, MAJOR R/A CHIKKAMANDYA GOPALAPURA, MANDYA TLAUK MANDYA DISTRICT PIN:571401.

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THE GENERAL MANAGER BHARTI AXA GENERAL INSURANCE CO LTD SRINIVASA PLAZA, 3RD FLOOR ADICHUNCHANAGIRI MAIN ROAD 5^TH STAGE, KUVEMPUNAGAR MYSURU PIN:570026

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…RESPONDENTS

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(R-1 SERVED AND UNREPRESENTED; BY SRI. B. PRADEEP., ADVOCATE FOR R-2)

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2 - NC: 2024:KHC:41326 MFA No. 9750 of 2018

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.04.2017 PASSED IN MVC NO.43/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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

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Rs.4,73,606/-, the claimant is in this appeal seeking enhancement.

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

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The Tribunal has come to the conclusion that the claimant has suffered a permanent disability to the extent of 75% with respect to his whole body, for the head injury that he had suffered. It has also come to the conclusion

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that he was admitted as an in-patient for 25 days.

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3 - NC: 2024:KHC:41326 MFA No. 9750 of 2018

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The Tribunal has, however, awarded only a sum of Rs.20,000/towards loss of future amenities and Rs.40,000/- towards pain and suffering.

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The Tribunal, having noticed that the claimant had suffered 75% of disability towards his whole body, has committed an error in awarding a sum of Rs.20,000/towards loss of amenities. If a person has suffered 75% disability, the loss of amenities would be much larger, especially when he is aged about 52 years.

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In my view, it would be appropriate to award a sum of Rs.1,50,000/- towards loss of amenities.

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As regards pain and sufferings, it is noticed that the claimant was an in-patient for 25 days and it would therefore be appropriate to award a sum of Rs.75,000/towards pain and suffering. The Tribunal has awarded a sum of Rs.3,88,606/- towards medical expenses, which is based on the documentary evidence and it is therefore affirmed. The Tribunal has awarded a sum of Rs.15,000/-

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NC: 2024:KHC:41326 MFA No. 9750 of 2018

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towards food, nourishment, attendant and other miscellaneous expenses and a sum of Rs.10,000/- towards conveyance. In my view, having regard to the fact the claimant was admitted as an in-patient for 25 days, it would be appropriate to award a sum of Rs.50,000/towards food, nourishment and attendant charges and conveyance. Consequently, the award of the Tribunal is modified and the following sums are awarded as compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	40,000/-	75,000/-
2.	Food and nourishment and conveyance	25,000/-	50,000/-
3.	Medical expenses	3,88,606/-	3,88,606/-
4.	Loss of future amenities	20,000/-	1,50,000/-
	Total	4,73,606/-	6,63,606/-

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5 - NC: 2024:KHC:41326 MFA No. 9750 of 2018

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Accordingly, the claimant is held entitled for

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compensation of Rs.6,63,606/- as against

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Rs.4,73,606/- along with interest at the rate of 6% p.a. from the 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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This appeal is accordingly allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR List No.: 1 Sl No.: 23

Sri. Balaiah v. Sri. C. Siddaraju

Case brief

What is this about?

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Sri. Balaiah v. Sri. C. Siddaraju

Case brief

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