The Branch Manager Vs Hanumant @ Hanamappa S/O Laxman @ Laxmappa Govinag

THE BRANCH MANAGER, TATA AIG GENERAL INSURANCE COMPANY LTD., II FLOOR JP AND DEVI JAMBUKESHWAR ARCADE, NO.69 MILLERS ROAD, BANGALURU-560052 REP. BY ITS DULY CONSTITUTED ATTORNEY.

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…APPELLANT

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(BY SRI G.N. RAICHUR, ADVOCATE)

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AND:

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

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HANUMANT @ HANAMAPPA S/O. LAXMAN @ LAXMAPPA GOVINAGIDAD, AGE. 48 YEARS, OCC. MASON, R/O. MALAMADDI, DHARWAD-580001.

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AKILANDESHWARI G.VISHWANATHAN, AGE. 45 YEARS, OCC. OWNER OF TRUCK BEARING REGISTRATION NO.TN-30/AS-4924, R/O. NO.227, MALANKATTAN STREET, SIVATHAPURAM, SALEM-636307.

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…RESPONDENTS

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(BY SMT. SAILA BELLIKKATI, ADVOCATE FOR R1; R2 – NOTICE SERVED.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 07.03.2019 PASSED IN MVC

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2 -

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NC: 2025:KHC-D:1473 MFA No. 101895 of 2019 C/W MFA No. 101237 of 2020

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NO.118/2016 ON THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, BY REDUCING THE COMPENSATION BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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IN M.F.A. NO.101237 OF 2020

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BETWEEN:

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HANUMANT @ HANAMAPPA S/O. LAXMAN @ LAXMAPPA GOVINAGIDAD, AGE: 49 YEARS, OCC: MASON, R/O: MALAMADDI DHARWAD-580001, TAL: DHARWAD, DIST: DHARWAD.

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...APPELLANT

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(BY SMT. SHAILA BELLIKATTI, ADVOCATE.)

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AND

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AKILDANDESHWARI G.VISHWANATHAN, AGE: 46 YEARS, OCC: OWNER OF TRUCK BEARING REGISTRATION NO.TN-30-AS-4924, R/O: NO.227, SIVATHAPURAM, SALEM-636307.

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THE BRANCH MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., J.P. DEVI, JAMBUKESHWAR ARCADE NO.69, MILLER ROAD, BENGALURU-560001.

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RESPONDENTS

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(BY SRI G.N. RAICHUR, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 07.03.2019 PASSED IN MVC NO.118/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, AT: DHARWAD BY ENHANCING COMPENSATION UNDER ALL PERMISSIBLE HEADS.

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THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2025:KHC-D:1473 MFA No. 101895 of 2019 C/W MFA No. 101237 of 2020

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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These appeals are filed challenging the judgment and award dated 07.03.2019, passed by the I Addl. Senior Civil Judge and CJM, Dharwad, in MVC No.118/2016.

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MFA No.101895/2019 is filed by the Insurance Company seeking reduction of the compensation, whereas MFA No.101237/2020 is filed by the claimant seeking enhancement of compensation.

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Heard the arguments and perused the material placed before the Court.

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The occurrence of accident, injuries sustained by

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the claimant in a road traffic accident, coverage of insurance are not in dispute in this case.

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In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries.

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4 - NC: 2025:KHC-D:1473 MFA No. 101895 of 2019 C/W MFA No. 101237 of 2020

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“Fracture to the left clavicle bone, fracture

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to the patella, fracture to tibia and fibula bones

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of right leg and also injuries to the forehead.”

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In this case, the tribunal has awarded

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Loss of future income arising out of 25% disability.	3,36,000
2.	Pain and sufferings	1,00,000
3.	Loss of amenities of life.	30,000
4.	Loss of income during laid up period.	48,000
5.	Actual medical expenses.	1,70,694
6.	Future medical expenses.	20,000
7.	Conveyance.	5,000
8.	Attendant charges.	5,000
9.	Food, nourishment and diet charges.	6,000
	Total:	7,20,694

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The claimant is a Mason by profession. The accident has occurred on 07.10.2013. Therefore, notional income of Rs.7,000/- per month is to be taken into consideration, which is recognized by the Karnataka State Legal Service Authority, but the tribunal has considered Rs.8,000/- per month. The tribunal has taken the disability

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5 - NC: 2025:KHC-D:1473 MFA No. 101895 of 2019 C/W MFA No. 101237 of 2020

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at 25% to the whole body, which is also on higher side, since the doctor who assessed the disability is not a treated doctor, but the doctor being a qualified doctor has assessed that the claimant has suffered permanent physical disability at 10% to the scull bones 14% permanent physical disability towards right upper limb and 32% towards left lower limb, totally suffered permanent physical disability of 56% to the whole body.

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Though the monthly income and disability considered by the tribunal is on higher side, but considering the compensation awarded under other heads like loss of earning during laid up period, loss of amenities in life, future medical expenses, food, conveyance, nourishment, attendant charges, etc., are found to be on lesser side. Therefore, considering the injuries sustained by the claimant stated above, the total amount of compensation awarded by the tribunal is just and proper. Hence, there is no question of enhancement or reduction of the compensation awarded by the tribunal. Therefore, both the appeals are liable to be dismissed.

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