Sri Premanath M L Vs M/S Shriram General

SRI PREMANATH M L S/O LATE LAKSHMANASA M.P AGED ABOUT 60 YEARS R/O JANAPRIYA BHARATH ENCLAVE, NO.3118, 1^ST FLOOR, 3^RD BLOCK, SUNKADAKATTE, MAGADI MAIN ROAD, BANGALORE - 91

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…APPELLANT

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(BY SRI. H B SOMAPUR, ADVOCATE)

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AND:

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M/S SHRIRAM GENERAL Digitally signed INSURANCE CO LTD., by BY ITS MANAGER, MADHUSHREE H ITS DEALING BANGALORE OFFICE, Location: High NO.S/5, 2^ND FLOOR, MONARTH CHAMBER, Court of OPP: INFANTRY WEDDING HALL, Karnataka INFANTRY ROAD, BANGALORE - 1

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NAGARAJU S/O BYRAPPA, NO.14 MUNESHWARA BADAVANE, CHIKKAGOLLARAHATTI, TAVAREKERE, BANGALORE - 91

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…RESPONDENTS

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2 -

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NC: 2025:KHC:15794 MFA No. 4530 of 2018

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(BY SRI. B.PRADEEP, ADVOCATE FOR R1;

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VIDE ORDER DATED 30.01.2019, NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO ALLOW THE APPEAL, ENHANCE THE AWARD AMOUNT Rs.14,00,000/-, BY MODIFYING THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN MVC NO.1027/2016 ON THE FILE OF SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL, X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, SCCH-16, BENGALURU, BY ALLOWING THE CLAIM PETITION IN ITS ENTIRETY WITH 12% INTEREST IN THE ENDS OF JUSTICE AND EQUITY.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE T.M.NADAF

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ORAL JUDGMENT

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This appeal is by the appellant/claimant seeking enhancement of compensation awarded by the Tribunal in MVC.No.1027/2016 dated 04.09.2017, on the file of the Court of Small Causes Judge and Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-16).

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The parties shall be referred to as per their

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ranking before the Tribunal for easy reference.

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The date of accident, involvement of the vehicle, injuries sustained by the claimant and liability fastened are

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3 - NC: 2025:KHC:15794 MFA No. 4530 of 2018

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not in dispute. The only question which has to be considered by this Court is quantum of compensation.

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Heard both the learned counsel for the parties and perused the material on record.

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The point that would arise for consideration before this Court is as under:-

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Whether the compensation awarded by the Tribunal is just and proper with respect to the concept of ‘just compensation’ considering the injuries suffered and expenses incurred by the claimant/appellant?

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My answer to the above point is ‘Negative’ for the following:-

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R E A S O N S

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The appellant/claimant has sustained three injuries. One is grievous and two are simple in nature. He was an inpatient for a period of three days. He has undergone head injury, cut lacerated wound right

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4 - NC: 2025:KHC:15794 MFA No. 4530 of 2018

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temporal region with multiple lacerated wound and multiple ribs fracture right side. The Tribunal after considering the case of the appellant though has taken income at Rs.9,000/- per month, which is as per the income fixed by the Karnataka State Legal Services Authority, however, has not awarded proper compensation under each head.

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Sri.H.B.Somapur, learned counsel appearing for the claimant submits that claimant has suffered grievous injuries and contends that though the Tribunal has taken proper income but has erred in not awarding appropriate compensation under each head as stated in para No.30 of the impugned judgment and hence, prays for allowing the appeal.

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Sri.B.Pradeep, learned counsel appearing for the

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respondent No.1 refuting the submissions of the learned counsel for the appellant submits that the Tribunal has awarded appropriate compensation under all heads considering fracture of rib injury and other two simple

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5 - NC: 2025:KHC:15794 MFA No. 4530 of 2018

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injuries. Hence, the judgment and award of the Tribunal does not calls for any interference and prays for dismissal of the appeal.

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Having heard the learned counsel for both the parties and perusal of record, this Court finds that the Tribunal has not properly considered the injuries sustained, treatment taken and expenditure incurred by the claimant. The claimant is entitled for a global compensation of another sum of Rs.40,000/- (Rupees Forty Thousand only), in addition to the compensation awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Hence, the following:-

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ORDER

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i) The appeal is allowed-in-part.

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ii) The judgment and award dated 04.09.2017 in MVC.No.1027/2016, on the file of the Court of Small Causes Judge and Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-16) is hereby modified

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and enhanced from Rs.98,500/to

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Rs.1,38,500/-.

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iii) The enhanced compensation of Rs.40,000/(Rupees Forty Thousand only) which is in addition to the amount awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till realization.

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iv) Respondent No.1 – Insurance Company shall deposit the entire enhanced compensation with accrued interest within a period of six weeks from the date of receipt of copy of this order.

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v) No order as to costs.

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Sd/(T.M.NADAF) JUDGE

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MH/-

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List No.: 1 Sl No.: 12

Sri Premanath M L v. M/S Shriram General

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Sri Premanath M L v. M/S Shriram General

Case brief

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