Jayappa S/O. Nagendrappa Kudiger Vs the Managing Dirctor

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 29.06.2012 PASSED IN MVC NO.72/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIREKERURU AND ETC.,

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IN M.F.A. NO.101680 OF 2014

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BETWEEN:

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SRI JAYAPPA S/O. NAGENDRAPPA KUDIKER, AGE: 28 YEARS, OCC: AGRICULTURE, R/O. KUDAPALI, TQ: HIREKERUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR, KSRTC, NORTH WEST DIVISION, HOSUR GOKUL ROAD, HUBLI, DIST: DHARWAD.

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…RESPONDENT

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(BY SRI I.C. PATIL, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 29.06.2012 PASSED IN MVC NO.70/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIREKERURU AND ETC.,

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

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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 directed against common judgment and award dated 29.06.2012 passed in MVC Nos.72 & 70 of 2011 on the file of Senior Civil Judge and JMFC, Hirekerur (for short, ‘Tribunal’).

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MFA No.101685/2014 (MVC No.72/2011) and MFA No.101680/2014 (MVC No.70/2011) are filed by the claimants/injured, seeking enhancement of compensation for the accidental injuries sustained by them in a road traffic accident.

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Brief facts leading to filing of these appeals are that on 10.12.2007 at about 6.45 p.m., the appellants/claimants were travelling in KSRTC bus bearing registration No.KA.27/F-23 from Ranebennur to Kudupali village as authorized passengers. Driver of the bus stopped bus at Harogoppa village to get down the passengers. At that time, one KSRTC bus bearing

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registration No.KA-27/F-119 came from hind side driven by its driver in a high speed without following traffic rules and dashed bus bearing registration No.KA-27/F-23, which was parked at left side of road. Due to the said accident, the claimants have sustained grievous injuries to all over the body and fractures as per their wound certificates.

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

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In these cases, from the medical evidence on record it is proved that the claimant in MFA No.101685/2014 (MVC No.72/2011) had suffered the following injuries:

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“There is a wasting of leg muscles seen, there is tenderness over the ankle joint line and over the talus bone which is thickened and united, there is a grade 4/5 muscle power in the ankle dorsiflexors, plantar flexors is up to 20 both are painfully moderately restricted.”

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The Tribunal has awarded compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Loss of future income.	80,640
2.	Other simple injuries.	10,000
3.	Medical expenses	10,000
4.	Transportation and attendant charges	5,000
5.	Pain and suffering	15,000
6.	Food and nourishment	10,000
7.	Loss of income during laid up period	5,000

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Total 1,35,640

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Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal under various heads is on lower side. Therefore, it is just and proper to award enhanced global compensation of Rs.45,000/-, in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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The Insurance Company is directed to deposit the compensation within a period of six weeks from the date of receipt of a certified copy of this judgment.

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In these cases, from the medical evidence on record it is proved that the claimant in MFA

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No.101680/2014 (MVC No.70/2011) had suffered the

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following injuries.

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“Tenderness present over the ribs on left side of 4-10 region.

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Tenderness present over L-1, L-5 region.”

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The Tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads	Amount in
No.		(Rs.)
1.	Loss of future income.	43,200
2.	Medical expenses	10,000
3.	Transportation and attendant charges	5,000
4.	Pain and suffering	20,000
5.	Food and nourishment	10,000
6.	Loss of income during laid up period	5,000
	Total	93,200

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Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal under various heads is on lower side. Therefore, it is just and proper to award enhanced global compensation of Rs.45,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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The Insurance Company is directed to deposit

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the compensation within a period of six 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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ORDER

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i) Both the appeals are allowed in part .

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ii) The common judgment and awards dated 29.06.2012 passed in MVC Nos.72 & 70 of 2011 on the file of Senior Civil Judge and JMFC, Hirekerur, stand modified. iii) The claimant in MFA No.101685/2014 (MVC No.72/2011) is entitled for enhanced global compensation of Rs.45,000/-, in addition to what has been awarded by the Tribunal along with

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interest at the rate of 6% p.a. from the date of petition till its realization.

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iv) The claimant in MFA

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No.101680/2014 (MVC No.70/2011) is entitled for enhanced global compensation of Rs.45,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization.

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v) The insurance company shall deposit

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the amount within a period of six weeks from the date of receipt of a copy of this

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judgment.

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vi) Send back the Trial Court records along with a copy of this judgment to the Tribunal.

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vii) No order as to costs.

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