Partly allowed

B. C. Sachin v. M. P. Kumar

Karnataka HC9 Jan 2024MFA/5826/2019

Case brief

AI extract

What is this about?

Claimant's appeal seeking enhancement of motor accident compensation for leg fractures. Court enhanced compensation under pain and suffering, loss of future income using 10% disability and multiplier 18, attendant charges and laid-up period income, awarding Rs.3,48,791/- total with enhanced amount of Rs.1,79,300/- plus 6% interest.

What did the court decide?

Enhanced compensation of Rs.1,79,300/- with interest at 6% p.a. from date of petition till realization; appeal allowed in part.

B. C. Sachin Vs M. P. Kumar — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:1355 MFA No. 5826 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5826 OF 2019 (MV-I)

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BETWEEN:

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B. C. SACHIN S/O. CHIKKALINGAIAH, 23 YEARS, R/O. HOSABUDANUR VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 401.

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…APPELLANT

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(BY SRI. RAJA L, ADVOCATE)

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AND:

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M. P. KUMAR S/O. PAPANNA, MAJOR, R/O. #2216, 10^TH CROSS, KALLAHALLI, MANDYA - 571 401.

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., M.C. ROAD, MANDYA - 571 401.

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…RESPONDENTS

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(BY SRI. K.N. SRINIVAS, ADVOCATE FOR R2; R1- NOTICE SERVED)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.04.2019 PASSED IN MVC NO. 1558/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2024:KHC:1355 MFA No. 5826 of 2019

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JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded by the II Addl. Senior Civil Judge and MACT, Mandya, by judgment and award dated 15.04.2019 in MVC No.1558/2016.

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The factum of accident, injuries sustained and

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coverage of insurance, are not in dispute.

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Heard the arguments of both sides and perused the materials on record.

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The learned counsel for the appellant/claimant

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submitted that the quantum of compensation awarded under various heads is on lesser side. Therefore, seeks for enhancement of the compensation.

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On the other hand, learned counsel appearing

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for the second respondent/insurance company submits that the Tribunal is justified in passing the impugned judgment and award and there is no ground for

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NC: 2024:KHC:1355 MFA No. 5826 of 2019

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enhancement. Thus, the compensation amount as

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awarded by the Tribunal is sufficient and adequate.

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From the medical records on record it is proved

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that the claimant has suffered following injuries:

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(a) Deformity over mid 1/3^rd leg.

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(b) Puncture wound over the mid leg (c) active bleeding.

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(d) Fractured wound over m/3 of left leg

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(e) Type 1 compound fracture tibia m/3

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(f) X-ray shows shaft of tibia and fibula

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The Tribunal has awarded compensation as

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follows:

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1.	Pain and suffering	Rs.10,000/-
2.	Medical expenses and future medical expenses	Rs.59,091/-
3.	Attendant charges, conveyance, nursing care, nourishment and towards other incidental expenses	Rs.6,000/-
4.	Loss of income during laid down period	Rs.8,000/-
5.	Towards loss of future income due to permanent disability	Rs.86,400/-
6.	Physical disability affecting future amenities	Rs.10,000/-
	Total	RS.1,79,491/-

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NC: 2024:KHC:1355 MFA No. 5826 of 2019

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The Tribunal while determining the

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compensation has not adopted the correct parameters and has awarded lesser compensation, which needs to be enhanced. Thus, claimant is entitled to enhancement of compensation.

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The Tribunal has awarded compensation of Rs.10,000/- towards ‘pain and suffering’. The claimant

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has suffered physical disability of left leg and was hospitalized from 07.09.2016 to 10.09.2016. Therefore, compensation of Rs.40,000/- is awarded under the head ‘pain and suffering’.

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The alleged accident has occurred on 07.09.2016 and the Tribunal has taken the notional

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income of the claimant at Rs.8,000/- per month. As per the provisions of KSLSA, the notional income for the accidents of the year 2016 is ought to be taken at Rs.9,500/- per month. The doctor has stated that claimant has suffered 29% physical disability to particular

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5 - NC: 2024:KHC:1355 MFA No. 5826 of 2019

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limb and 9.6% disability to whole body, which is rounded off to 10%. The claimant was aged 25 years at the time of accident, as such the appropriate multiplier applicable is ‘18’. Therefore, ‘loss of future income due to disability’ is reassessed as under:

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Rs.9,500/- x 12 x 18 x 10% = Rs.2,05,200/-

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Thus, the claimant is entitled for compensation of Rs.2,05,200/- under the head ‘loss of future income due to disability’.

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Further, the Tribunal has awarded

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compensation of Rs.59,091/- under the head ‘medical expenses and future medical expenses’ based on the medical bills produced by the claimant, which is found to be correct and needs no interference. The same is kept intact.

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Further, the Tribunal has awarded a sum of Rs.6,000/- towards food, nourishment and attendant charges, which is on lower side and needs to be enhanced.

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6 - NC: 2024:KHC:1355 MFA No. 5826 of 2019

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Therefore, compensation of Rs.16,000/- is awarded under the head ‘food, nourishment and attendant charges’.

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Further, the Tribunal has awarded a sum of Rs.8,000/- towards ‘loss of income during laid up period’, which is on lower side and needs enhancement. Therefore, compensation of Rs.28,500/- (Rs.9,500/- x 3) is awarded under the head ‘loss of income during laid up period’ for 3 months.

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Thus, in all, the appellant/claimant is entitled

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for total compensation under various heads as follows:

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Sl. No.	Particulars	Rs.	By the Tribunal	By this Court
1.	Pain and suffering	Rs.	10,000/-	40,000/-
2.	Medical expenses and future medical expenses	Rs.	59,091/-	59,091/-
3.	Attendant charges, conveyance, nursing care, nourishment and towards other incidental expenses	Rs.	6,000/-	16,000/-
4.	Loss of income during laid down period	Rs.	8,000/-	28,500/-
5.	Towards loss of future
	income due to
	permanent disability	Rs.	86,400/-	2,05,200/-
	Total	Rs.	1,69,491/-	3,48,791/-

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7 - NC: 2024:KHC:1355 MFA No. 5826 of 2019

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The Tribunal has awarded compensation of

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Rs.1,69,491/-, but the appellant/claimant is entitled to total compensation of Rs.3,48,791/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.1,79,300/- (Rs.3,48,791/- - Rs.1,69,491/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,79,300/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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ORDER

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(i) Appeal is allowed-in-part .

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(ii) The impugned judgment and award dated 15.04.2019 in MVC No.1558/2016

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passed by the II Addl. Senior Civil Judge

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& MACT, Mandya, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of

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8 - NC: 2024:KHC:1355 MFA No. 5826 of 2019

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Rs.1,79,300/- along with interest at

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the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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(iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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(iv) No order as to costs.

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(v) Draw award accordingly.

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Sd/JUDGE

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List No.: 2 Sl No.: 52

B. C. Sachin v. M. P. Kumar

Case brief

What is this about?

What did the court decide?

B. C. Sachin v. M. P. Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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