The Managing Director Vs Mallikarjunaswamy @ Mallu

THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.12.2012 PASSED IN MVC NO.36/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, T. NARASIPURA.

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NC: 2025:KHC:37493 MFA No. 10180 of 2013

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HC-KAR

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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The Senior Civil Judge & Motor Accident Claims Tribunal, T. Narasipura (hereinafter referred to as 'Tribunal' for short) passed a common judgment and award dated 17.12.2012 in MVC Nos.35/2011 & 36/2011. Aggrieved by the award passed in MVC No.36/2011, Corporation preferred this appeal.

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It is mainly contended that there was contributory negligence on part of the petitioner/appellant herein, which was not considered by the Tribunal. It is further submitted that the rate of interest awarded at 8% per annum is excessive and is to be modified as 6%. The Tribunal has assessed functional disability at 20%, when the doctor assessed the limb disability at 24%. The compensation granted towards damage of bullocks and future medical

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3 - NC: 2025:KHC:37493 MFA No. 10180 of 2013

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HC-KAR

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expenses are on higher side. Hence, the appellant prays for modification of the judgment and award.

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Learned counsel for the respondent did not turnup, despite the matter being listed under the caption 'for dismissal'. Therefore, heard the arguments of the learned counsel for the appellant and perused the records.

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The injured sustained a grievous injury fracture of the right clavicle bone. At the time of the accident, he was aged 25 years and was engaged in agricultural work. According to the doctor, he underwent surgery during which plates and screws were inserted. However, due to malunion, he has suffered a 12% restriction in the movement of his right hand. Consequently, he is unable to perform agricultural work as he did prior to the accident.

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The Tribunal considered the functional disability of the injured at 20%. PW.2-doctor stated that the disability of the particular limb was 24%. 1/3rd of the said limb disability comes to 8%. However, considering his age and occupation,

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NC: 2025:KHC:37493 MFA No. 10180 of 2013

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HC-KAR

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this Court finds it reasonable to take the whole body disability at 10%.

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Though the claimant stated that he was earning Rs.75,000/per annum, he failed to produce any documentary evidence regarding his income. The accident occurred on 20.08.2011. Therefore, in accordance with the guidelines issued by the Karnataka State Legal Services Authority (KSLSA), this Court considers it appropriate to fix his income at Rs.6,500/- per month. Applying the multiplier of ‘18’, the loss of future income comes to Rs.6,500 × 12 × 18 × 10% = Rs.1,40,400/-.

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The claimant might not have attended the

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agricultural work for a period of three months due to the injury sustained in the accident. Therefore, this Court finds it reasonable to award Rs.19,500/-(6,500x3) under the head loss of income during the laid up period.

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The compensation granted under pain and suffering, medical expenses, food and nourishment, attendant charges during treatment period, conveyance

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NC: 2025:KHC:37493 MFA No. 10180 of 2013

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HC-KAR

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charges, future medical expenses and damages for bullocks

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needs no interference.

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Thus in all, components awarded by this court are

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as below,

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Compensation under	Amount in
different heads	(Rs.)
Loss of future income	1,40,400/-
Pain and suffering	20,000/-
Medical expenses	43,475/-
Loss of income during	19,500/-
treatment period
Food and nourishment	5,000/-
Attendant charge during	4,200/-
treatment period
Conveyance charges	5,000/-
For future medical	20,000/-
expenses
Damages for bullocks	60,000/-
Total	3,17,575/-

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Hence, the compensation is reduced from

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Rs.3,58,375/- to Rs.3,17,575/- along with interest at the

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rate of 6% p.a.

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NC: 2025:KHC:37493 MFA No. 10180 of 2013

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HC-KAR

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 17.12.2012 passed in MVC No.36/2011 on the file the Senior Civil Judge & Motor Accident Claims Tribunal, T. Narasipura, is hereby modified.

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