Shivangouda S/O Hanumantagouda Topangoudar Vs the Managing Director

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 03.10.2023, PASSED BY THE PRL. SENIOR CIVIL JUDGE AND ADDL. MACT AT HUBBALLI, IN MVC NO.44/2021 BY ENHANCING THE COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:2920 MFA No. 100361 of 2024

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ORAL JUDGMENT

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

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This appeal is filed by the claimant/appellant

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challenging the judgment and award dated 03.10.2023, passed by the Principal Senior Civil Judge and Additional MACT, Hubballi, in MVC No.44/2021, 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, coverage of insurance are not in dispute in this case.

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In the present case, from the medical evidence

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on record it is proved that the claimant had suffered the following injuries.

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“Teeth broken;

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Fracture of frontal bone, diffuse cerebral

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edema;

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Fracture of parietal bone; Fracture of mid shaft of femur; Loss of vision of left eye.”

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NC: 2025:KHC-D:2920 MFA No. 100361 of 2024

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5. The tribunal has awarded a global compensation

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of Rs.4,00,000/- along with interest at the rate of 6% p.a. from the date of petition till deposit of the award amount.

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Considering the nature of injuries sustained,

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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, compensation of Rs.60,000/- towards pain and suffering, Rs.50,000/towards loss of amenities are awarded. There are no medical bills produced and got marked by the claimant. Considering the injuries suffered by the claimant, he must have spent some amount towards medical bills and hospital charges. Therefore, Rs.10,000/- is awarded towards medical and hospital expenses. Further, Rs.20,000/- is awarded towards incidental expenses like food, nourishment, travelling, attendant charges, etc.,.

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The doctor has stated that the claimant had suffered disability of 20% to the particular limb and lost sight

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of his left eye and hence, suffered 30% disability to the left eye. Therefore, considering the evidence of the doctor, 37% functional disability to the whole body is taken into consideration.

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The accident is caused on 26.01.2020. The claimant was a painter by profession. Therefore, in the absence of proof of income, for the year 2020, notional income of Rs.13,750/- per month is to be taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 48 years old at the time of accident, as per Ex.P.21 school certificate. Therefore appropriate applicable multiplier is 13. Hence, loss of future income due to disability is hereby reassessed and quantified at Rs.7,93,650/- (Rs.13,750 x 37% x 12 x 13).

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Further the claimant is entitled for a sum of Rs.41,250/- (Rs.13,750/- x 3 months) is awarded towards loss of income during the period of treatment for a period of three months.

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11. 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.	Pain and suffering.	60,000
2.	Loss of amenities.	50,000
3.	Towards loss of income during laid up period and medical treatment period.	41,250
4.	Incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	20,000
5.	Loss of future earning capacity.	7,93,650
6.	Medical and hospital expenses.	10,000
	Total:	9,74,900

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Therefore, the claimant is entitled for total compensation of Rs.9,74,900/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,00,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment.

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13. In the result, I proceed to pass the following:

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ORDER

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i) The appeal is allowed in part.

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NC: 2025:KHC-D:2920 MFA No. 100361 of 2024

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ii) The judgment and award dated 03.10.2023, passed by the Principal Senior Civil Judge and Addl. MACT, Hubballi, in MVC No.44/2021, is modified.

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iii) The claimant is entitled for total compensation of Rs.9,74,900/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.4,00,000/- awarded by the tribunal.

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iv) The insurance company shall deposit

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the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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v) Send back the trial Court records along

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with a copy of this judgment.

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vi) No order as to costs.

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vii) Draw award accordingly.