Mr B Kumar Vs the Manager

MR B KUMAR S/O BORALINGEGOWDA @ KENCHAPPA AGED ABOUT 41 YEARS, R/AT HUNASANAHALLI MAIN ROAD, YERAMGERE, BIJJAHALLI POST KANAKAPURA TALUK RAMANAGAR-562119 PERMANENT ADDRESS: R/AT NO.64/2, 2ND CROSS, 2ND MAIN ROAD, MUNISANJEEVAPPA LAYOUT JARAGANAHALI, KANAKAPURA MAIN ROAD BENGALURU-560078

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(BY SRI. GURUDEV PRASAD K T.,ADVOCATE)

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…APPELLANT

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AND:

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THE MANAGER UNITED INDIA INSURANCE COMPANY LTD T P CLAIMS HUB 5TH AND 6TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE BENGALURU-560 002

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HC-KAR

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M/S S P R EXPORTS

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NO.6/1, FLAT NO.B1, 1ST FLOOR, DIVYA RESIDENCY, 13TH A CROSS, 2ND BLOCK,JAYANAGARA, BENGALURU-560 011

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…RESPONDENTS

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(BY SRI. BENNI RAVISH CHANDRASHEKAR.,ADVOCATE)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC NO. 3484/16 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES, JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7. BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, 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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This appeal under Section 173(1) of the M.V. Act

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arises from the judgment and award dated 20.10.2018

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passed by the IX Additional Small Causes and Additional M.A.C.T. Bangalore, in MVC No.3484/2016.

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3 - NC: 2025:KHC:37525 MFA No. 2911 of 2019

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HC-KAR

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The appellant/claimant, who sustained injuries

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in a road traffic accident on 05.11.2015 filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking compensation amount of Rs.6,00,000/-. The Tribunal awarded a total compensation of Rs.2,90,940/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation, the claimant is before this Court.

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Heard the learned counsel for the appellant and the respondent - Insurance Company and perused the trial Court records.

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It is contended that claimant sustained grievous injuries and was hospitalized for 21 days and spent huge amount of Rs.2,00,000/- towards medical expenses. But the Tribunal has awarded only Rs.48,140/- as insurer has reimbursed Rs.48,140/- and only Rs.10,000/- is awarded for Special Diet and Conveyance which is on lower side.

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4 - NC: 2025:KHC:37525 MFA No. 2911 of 2019

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HC-KAR

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The amount granted under the heads pain and suffering, other conventional heads are meager and the Tribunal has not awarded any compensation under the head of loss of

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amenities. Further the interest granted is on lower side.

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It is contended that claimant was aged about 39

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years and was an agriculturist/Sericulturist, and was a milk vendor and doing cable operation business and was earning a sum of Rs.40,000/- per month. The Tribunal has erred in assessing the income at Rs.9,000/- and awarded only Rs.27,000/- towards loss of income during laid up period.

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It is further contended that the doctor is examined as P.W.2 has assessed the permanent disability of 18.1% to the whole body. The Tribunal has taken only 9% disability and awarded meager amount of compensation under the head loss of further earning capacity. Hence requested for enhancement of compensation on the above said heads.

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5 - NC: 2025:KHC:37525 MFA No. 2911 of 2019

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HC-KAR

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The accident is of the year 2015, and the

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claimant was aged 39 years at the time of the accident,

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though it is stated that he was earning Rs.40,000/- per month, in the absence of proof of income, the notional income is assessed at Rs.9,000/- per month according to the guidelines of the Karnataka Legal Services Authority, and it needs no interference.

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As per the wound certificate Ex.P.29,the

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claimant admittedly sustained following injuries:

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i) Fracture of medial malloolus right

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ii) Lacerated wound over medial aspect of right foot iii) Tenderness and swelling over right foot.

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As per P.W.2 Doctor, the whole body disability

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is assessed at 36.02% and 1/3^rd of it comes to 12%. Therefore, the disability to whole body is taken as 12%.

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and the loss of future income comes to Rs. 1,94,400/(Rs.9,000 X 12 X 15 X 12% ) as against Rs.1,45,800/awarded by the Tribunal.

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HC-KAR

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Given the nature of injuries sustained and

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duration of treatment undergone, the claimant is entitled

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for an additional compensation amount under the following

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heads:

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Pain and Suffering	:	Rs.	40,000/-
Medical Expenses	:	Rs.	48,140/-
Loss of Amenities,	:	Rs.	20,000/-
Special diet and conveyance attendant charges	:	Rs.	30,000/-
Loss of earning due to permanent disability	:	Rs.	1,94,400/-
Loss of earning during laid up period	:	Rs.	27,000/-
Future Medical Expenses	:	Rs.	20,000/-
TOTAL	:	Rs.	3,79,540/-

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In all, the appellant/claimant is entitled for the total compensation of Rs.3,79,540/as against Rs.2,90,940/- awarded by the Tribunal. The enhanced compensation is Rs.88,600/-.

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7 -

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NC: 2025:KHC:37525 MFA No. 2911 of 2019

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HC-KAR

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The Insurance Company is hereby directed to deposit Rs.3,79,540/- with interest at 6% p.a. on the enhanced compensation amount within one month from the date of copy of this Order.

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The appellant/claimant is permitted to withdraw entire compensation amount along with accrued interest.

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The appeal is disposed of.

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Sd/(P SREE SUDHA) JUDGE

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HR List No.: 1 Sl No.: 77

Mr B Kumar v. the Manager

Case brief

What is this about?

What did the court decide?

Mr B Kumar v. the Manager

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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