Vishwanath S/O. Siddappa Vs Huliyappa S/O. Basappa

VISHWANATH S/O. SIDDAPPA, AGE: 50 YEARS, OCC: AGRI. COOLIE AND MILK VENDING WORK, R/O: KAMPLI, NOW RESIDING AT KARATAGI, TQ: GANGAVATHI, DIST: KOPPAL-573 432.

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… APPELLANT

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(BY SRI. G.R. TURAMARI, ADVOCATE)

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AND:

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HULIYAPPA S/O. BASAPPA,

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AGE: 59 YEARS, OCC: DRIVER OF LORRY BEARING REG. NO.KA-36/2122, R/O: VIDYANAGARA, TQ: GANGAVATHI, DIST: KOPPAL-573 432.

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

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CHEGUR SHIVAPPA S/O. SOMAPPA, AGE: 47 YEARS, OCC: OWNER OF LORRY BEARING REG.NO.KA-36/2122, R/O: NEAR PANDURANGA TEMPLE, PAMPANAGAR, TQ: GANGAVATHI, DIST: KOPPAL-573 432.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, STATION ROAD, KALABURGI, DIST: KALABURGI-560 034.

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… RESPONDENTS

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(BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.10.2010 PASSED IN M.V.C. NO.288/2009 ON THE

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NC: 2025:KHC-D:7560 MFA No. 100270 of 2018

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HC-KAR

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FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI.

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

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ORAL JUDGMENT

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

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Though the appeal is listed for admission, but with

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consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.

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This appeal is filed by the appellant/claimant challenging the judgment and award dated 01.10.2010 passed in MVC No.288/2009 on the file of Senior Civil Judge and MACT, Gangavathi (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensaton.

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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 the claimant, coverage of insurance are not in dispute in this case.

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HC-KAR

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In the present case, the appellant/claimant had

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suffered fractured injury to the left clavicle bone and the Tribunal has awarded compensation under various heads as under:

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1.	Injury pain and suffering.	Rs.12,000/-
2.	Loss of earnings during medical treatment.	Rs.6,000/-
3.	Medical expenses.	Rs.3,000/-
4.	Loss of future earnings.	Rs.60,480/-
5.	Conveyance, Nourishment, food and attending charges.	Rs.3,000/-
	Total:	84,480/-

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Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

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Considering the injuries sustained, a

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compensation of Rs.20,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.3,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact.

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HC-KAR

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Further, Rs.6,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.15,000/- towards loss of income during laid up period for a period of 3 months, is awarded.

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The doctor has stated that the claimant had suffered 20 to 24% disability towards his left leg and 12% to the whole body. The Tribunal, upon considering the evidence of doctor, has taken 12% as the functional disability towards whole body, which is found to be just and proper. Hence, the same is taken into consideration.

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The accident is caused in the year 2009.

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Therefore, notional income of Rs.5,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 41 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,00,800/- (Rs.5,000/- x 12% x 14 x 12).

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HC-KAR

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Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards injuries, pain and suffering.	20,000/-
2.	Towards medical expenses.	3,000/-
3.	Towards loss of amenities.	15,000/-
4.	Towards loss of income during laid up period and medical treatment period.	15,000/-
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	6,000/-
6.	Towards loss of future earning capacity.	1,00,800/-
	Total:	1,59,800/-

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Therefore, the claimant is entitled for total

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compensation of Rs.1,59,800/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.84,480/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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In the result, I proceed to pass the following:

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NC: 2025:KHC-D:7560 MFA No. 100270 of 2018

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HC-KAR

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ORDER

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i. The appeal is allowed-in-part.

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ii. The judgment and award dated 01.10.2010 passed in MVC No.288/2009 on the file of Senior Civil Judge and MACT, Gangavathi, stands modified.

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iii. The appellant/claimant is entitled for total compensation of Rs.1,59,800/- along with interest at the rate of 6% p.a. from the date of petition till its realization.

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