Sri.J.M.Anil Vs Sri.Babu

M/S. THE UNITED INDIA ASSURANCE CO. LTD., SUGUNA NURSING HOME COMPLEX, ANTHARANGA MAIN ROAD, NEAR NEW KSRTC BUS STAND, KOLAR CITY AND DISTRICT -563 101

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…RESPONDENTS

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(BY SRI.L.SREEKANTA RAO, ADVOCATE FOR R2 V/O/D 16/02/2022- NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.07.2019 PASSED IN MVC NO.

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NC: 2025:KHC:31897 MFA No. 1102 of 2022 C/W MFA No. 946 of 2021

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HC-KAR

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79/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, K.G.F., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 946/2021

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BETWEEN:

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SRI. J.M.CHARAN S/O MANJUNATHA AGED ABOUT 27 YEARS, R/AT JAKKARASAKUPPAM VILLAGE, KYASAMBALLI POST, BANGARPET TALUK KOLAR DISTIRICT-563 114

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...APPELLANT

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(BY SMT.SREE VIDYA G.K., ADVOCATE)

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AND:

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SRI. BABU S/O PANICHAS MAJOR R/AT KAVERAHALLI VILLAGE, KYASAMBALLI POST, BANGARPET TALUK, KOLAR DISTRICT-563 114

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THE UNITED INDIA ASSURANCE CO. LTD., SUGUNA NURSING HOME COMPLEX, ANTHARAGANA MAIN ROAD, NEAR NEW KSRTC BUS STAND, KOLAR CITY AND DISTRICT-563 101

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...RESPONDENTS

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(BY SRI.SHESHAGIRI RAO, ADVOCATE FOR R2 V/O/D 12/07/2022- NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.07.2019, PASSED IN MVC NO.85/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, K.G.F., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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HC-KAR

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

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Aggrieved by the award passed in MVC.No.79/2017 and MVC.No.85/2017 dated 23.07.2019 by the Senior Civil Judge & Principal JMFC, KGF, the claimants are before this Court by filing MFA.No.1102/2022 and MFA.No.946/2021 respectively. As the trial Court had disposed of the matter by way of a common order, this Court is also disposing of these two appeals by way of a common order.

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The facts of the case are that on 11.08.2016 at about 9:40 p.m., when the claimants were proceeding on a Passion Pro Motorcycle on KGF-Kyasamballi Road near Ramapuram Village, the claimant in MVC.No.85/2017 was riding the said motorcycle and the claimant in MVC.No.79/2017 was a pillion rider, at that time, the driver of a Tractor drove the said Tractor in a rash and negligent manner and dashed against the motorcycle of the claimants, due to which the claimants sustained grievous injuries, immediately they were shifted to

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NC: 2025:KHC:31897 MFA No. 1102 of 2022 C/W MFA No. 946 of 2021

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HC-KAR

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R.L.Jalappa Hospital for treatment, thereafter they took

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treatment in different hospitals.

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MFA.No.1102/2022

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Considering the injuries that were sustained by the

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claimant, the trial Court had granted compensation of an amount of Rs.25,65,029/- as per the table given below:

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SL. No.	Heads		C	ompensation Awarded
1.	Pain and suffering	:	Rs.	1,00,000/-
2.	Loss of future earning	:	Rs.	16,41,600/-
3.	Medical expenses	:	Rs.	6,65,429/-
4.	Loss of amenities in life	:	Rs.	15,000/-
5.	Loss of earning during laid up period	:	Rs.	10,000/-
6.	Conveyance, attendant charges, Food and nourishment	:	Rs.	33,000/-
7.	Loss of marriage prospects	:	Rs.	1,00,000/-
	TOTAL	:	Rs.	25,65,029/-

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Learned counsel appearing for the appellant/claimant

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submits the claimant had sustained right parietal compound depressed fracture, Diffuse Axonal injury, Type 3-B open right femur mid shaft fracture, right tibia mid shaft fracture, Type-II

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open right humerous fracture, Cut lacerated wound present on exterior aspect Proximal fracture with 4 x 2 x 2 cms with abnormal mobility present, right thigh bone exposed at fracture site measuring 3 x 1 cm deficits present, crepitus present on the right with abnormal mobility, range of movements painful and restricted. As per the doctor, the CT scan of the brain was done on 12.08.2016, which revealed that the right sided 31 x 30 MM sized contusion is seen in frontal region, right sided markedly depressed fracture of parietal bone. It is further deposed that the claimant had undergone wound exploration with removal of depressed bone fragment with titanium cage cranio plasty along with debridement on 13.08.2016 and on 15.08.2016 he had undergone wound debridement with external fixation of right femur and right numerous with externalfixtor of right tibia. Thereafter, on 05.11.2018 the doctor had examined the claimant for assessing the disability and upon examination he found that the claimant has got sever in-coordination of all four limbs, he is unable to walk without support, he has persistent double vision and he assessed the disability of 95% impairment to the body and Abelecent nerve injury resulting in permanent double vision at 24% to the

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HC-KAR

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impairment to the body and finally he opined that he had suffered total impairment to the whole body at 95% which is permanent in nature. Learned counsel submits that when the claimant had sustained these kinds of injuries, the trial Court had granted only an amount of Rs.1,00,000/- under the head of pain and suffering, which is not reasonable. Coming to the loss of future earning, the trial Court had taken the income of the claimant at Rs.8,000/- and the trial Court ought to have taken the income at Rs.9,500/- per month. It is submitted that when the claimant had sustained 95% disability, under the head of loss of amenities of life, loss of marriage prospects, conveyance, attended charges, Food and nourishment, loss of earning during laid up period, the amount that is awarded by the trial Court is not just and reasonable.

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Learned counsel appearing for respondent No.2/ Insurance Company submits that the trial Court had granted reasonable compensation and there are no grounds to interfere with the well considered award passed by the trial Court.

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Having heard the learned counsels on either side, perused the entire material on record. Considering the kind of

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HC-KAR

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injuries and the fractures that are sustained by the claimant and the injury to the brain, this Court is inclined to grant an amount of Rs.1,50,000/- under the head of pain and suffering . As the claimant was admitted in the hospital for 33 days, the trial Court had granted an amount of Rs.33,000/towards conveyance, attendant charges, Food and nourishment. It is submitted that he is a resident of Kolar and the attendants had to travel to Bangalore Hospital, as such, this Court is granting an amount of Rs.44,000/- towards conveyance, attendant charges, Food and nourishment . Coming to the loss of future earning, when it is the case of the claimant that he was earning an amount of Rs.9,000/- per month and as the accident had taken place in the year 2016, the trial Court ought to have taken the income at Rs.9,000/per month. He is aged about 20 years, future prospects at 40% will come to an amount of Rs.3,600/- i.e. Rs.12,600/-. Hence, this Court is granting an amount of Rs.25,85,520/- (Rs.12,600x12x18x95/100) towards loss of future earning . Considering the disability of 95%, under the head of loss of amenities , this Court is granting an amount of Rs.35,000/- . Then coming to loss of earning during laid up period ,

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considering that the claimant was in hospital for almost four months, this Court is considering six months and granting an amount of Rs.54,000/- (Rs.9,000x6). Towards medical expenses, the trial Court had rightly granted an amount of Rs.6,65,429/- and no interference is called for. When the doctor had deposed that there is a requirement of operation, the trial Court ought to have granted future medical expenses. This Court is granting an amount of Rs.30,000/- towards future medical expenses . Towards loss of marriage prospects, the trial Court had rightly granted an amount of Rs.1,00,000/- and this Court is not interfering.

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another¹ , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses .

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The claimant is therefore, entitled to the compensation under the following heads:

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1 (2014) 11 SCC 178

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HC-KAR

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SL. No.	Heads		Co A	mpensation warded by Tribunal	Compensation Awarded by this Court
1.	Pain and suffering	:	Rs.	1,00,000/-	1,50,000/-
2.	Loss of future earning	:	Rs.	16,41,600/-	25,85,520/-
3.	Medical expenses	:	Rs.	6,65,429/-	6,65,429/-
4.	Loss of amenities in life	:	Rs.	15,000/-	35,000/-
5.	Loss of earning during laid up period	:	Rs.	10,000/-	54,000/-
6.	Conveyance, attendant charges, Food and nourishment	:	Rs.	33,000/-	44,000/-
7.	Loss of marriage prospects	:	Rs.	1,00,000/-	1,00,000/-
8.	Future medical expenses	:	Rs.	00/-	30,000/-
9.	Legal expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	25,65,029	36,73,949/-
	Enhancement	:	Rs.	11,0	8,920/-

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Accordingly, MFA.No.1102/2022 is partly allowed by

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enhancing the compensation from an amount of Rs.25,65,029/-

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to Rs.36,73,949/- .

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MFA.No.946/2021

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The trial Court had granted the compensation as per the table given below:

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NC: 2025:KHC:31897 MFA No. 1102 of 2022 C/W MFA No. 946 of 2021

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HC-KAR

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SL. No.	Heads		C	ompensation Awarded
1.	Pain and suffering	:	Rs.	80,000/-
2.	Loss of future earning	:	Rs.	4,14,426/-
3.	Medical expenses	:	Rs.	2,86,426/-
4.	Loss of amenities in life	:	Rs.	15,000/-
5.	Loss of earning during laid up period	:	Rs.	8,000/-
6.	Conveyance, attendant charges, Food and nourishment	:	Rs.	23,000/-
7.	Future medical expenses	:	Rs.	25,000/-
	TOTAL	:	Rs.	8,52,146/-

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Learned counsel appearing for the appellant/claimant submits that the claimant had sustained one simple injury and four grievous injuries and the trial Court had granted only an amount of Rs.80,000/- under the head of pain and suffering which is not reasonable. When it comes to the loss of future earning, the trial Court ought to have taken the income at Rs.9,500/-. It is submitted that towards future medical expenses, loss of amenities in life and loss of earning during laid up period, the trial Court had not granted reasonable compensation. Hence, the compensation granted by the trial Court needs to be enhanced.

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HC-KAR

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Learned counsel appearing for respondent No.2/

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Insurance Company submits that the trial Court had granted reasonable compensation and there are no grounds to interfere with the well considered award passed by the trial Court.

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Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained one simple injury and four grievous injuries. Considering the same, this Court is granting an amount of Rs.1,00,000/- under the head of pain and suffering . Coming to the loss of future earning, as the accident had taken place in the year 2016, the income of the claimant is taken at Rs.9,500/- per month as per the chart prepared by the Karnataka Legal Services Authority. The claimant is aged about 24 years, future prospects at 40% comes to Rs.3,800/- and his income comes to Rs.13,300/-. Hence, this Court is granting an amount of Rs.6,89,472/- (Rs.13,300x12x18x24/100) towards

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loss of future earning . As per the medical bills, the trial Court had rightly granted an amount of Rs.2,86,426/- towards medical expenses and this Court is not interfering. Considering the disability of 24%, this Court is granting an amount of

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Rs.30,000/- towards loss of amenities in life . Considering

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the hospitalisation for three months, this Court is granting an amount of Rs.28,500/- (Rs.9,500x3) towards loss of earning during laid up period . Considering the fact that the attendants had to travel from Kolar to Bangalore, though the claimant was in the hospital for 23 days, this Court is granting an amount of Rs.33,000/- towards conveyance, attendant charges, food and nourishment . Towards future medical expenses, the trial Court had rightly granted an amount of Rs.25,000/- and no interference is called for.

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another² , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses .

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The claimant is therefore, entitled to the compensation under the following heads:

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SL.	Heads		Compensation	Compensation
No.			Awarded by	Awarded by
			Tribunal	this Court
1.	Pain and suffering	:	Rs. 80,000/-	1,00,000/-

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2 (2014) 11 SCC 178

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NC: 2025:KHC:31897 MFA No. 1102 of 2022 C/W MFA No. 946 of 2021

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2.	Loss of future earning	:	Rs.	4,14,426/-	6,89,472/-
3.	Medical expenses	:	Rs.	2,86,426/-	2,86,426/-
4.	Loss of amenities in life	:	Rs.	15,000/-	30,000/-
5.	Loss of earning during laid up period	:	Rs.	8,000/-	28,500/-
6.	Conveyance, attendant charges, Food and nourishment	:	Rs.	23,000/-	33,000/-
7.	Future medical expenses	:	Rs.	25,000/-	25,000/-
8.	Legal expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	8,52,146/-	12,02,398/-
	Enhancement	:	Rs.	3,50,	252/-

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Accordingly, MFA.No.946/2021 is partly allowed by

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enhancing the compensation from an amount of Rs.8,52,146/-

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to Rs.12,02,398/- .

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MFA.No.1102/2022 is partly allowed by enhancing

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the compensation from an amount of Rs.25,65,029/- to Rs.36,73,949/- .

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i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization.

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ii. The apportionment of the amount shall be as per the order passed by the Tribunal.

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iii. The respondent No.2/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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iv. 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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v. No costs.

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vi. Pending miscellaneous petitions, if any, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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MEG

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List No.: 1 Sl No.: 28

Sri.J.M.Anil v. Sri.Babu

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Sri.J.M.Anil v. Sri.Babu

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