Sri. Parashuraman Vs the Regional Manager

SRI. PARASHURAMAN S/O RAMASWAMY A AGED ABOUT 57 YEARS NO.14,BINNY MILL MAIN ROAD, COTTONPET CROSS, BEHIND SUPER TALKIES BENGALURU-560 053 OLD ADDRESS C/O NEW LIGHT OPTICALS NO.2027,SHOP NO.3, 4TH B CROSS,OPP.SBI YELAHANKA NEW TOWN BENGALURU-560 064 (BY SRI. ANIL KUMAR M, ADVOCATE)

¶11

…APPELLANT

¶12

AND:

¶13

Digitally 1. THE REGIONAL MANAGER signed by NIRMALA M/S UNIVERSAL SOMPO GEN INS CO LTD., DEVI K.V.D.TOWERS,NO.7/3, OPP. TO INDIRANAGAR, Location: 100 FEET ROAD HIGH COURT OF 2ND FLOOR,OLD MADRAS ROAD, KARNATAKA BINNAMANGALA, BENGALURU-560 038

¶14

SMT LAKSHMI A W/O RAMAKRISHNA N NO.1111/A,15TH CROSS, 1ST STAGE,1ST PHASE CHANDRA LAYOUT, BENGALURU-560 072

¶15

…RESPONDENTS

¶16

(BY SRI. S V HEGDE MULKHAND, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DTD 17.11.2023)

¶17

2 - NC: 2025:KHC:25973 MFA No. 4585 of 2017

¶18

HC-KAR

¶19

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2015 PASSED IN MVC NO.6905/2013 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

¶20

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

¶21

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

¶22

ORAL JUDGMENT

¶23

The above appeal is filed by the claimant for enhancement of the compensation challenging the judgment and award dated 28.4.2015 passed in MVC No.6905/2013 by the IX Additional Small Causes and Additional Motor Accident Claims Tribunal, Bengaluru (SCCH-7)¹ , wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `2,30,148/- together with interest at 6% pa.

¶24

The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only question that is required to be considered is as to whether the compensation awarded by the Tribunal is required to be enhanced.

¶25

1 Hereinafter referred to as ‘Tribunal’

¶26

3 -

¶27

NC: 2025:KHC:25973 MFA No. 4585 of 2017

¶28

HC-KAR

¶29

Heard the submissions of learned counsel Sri Anil

¶30

Kumar M, for the appellant/claimant and learned counsel Sri S.V.Hegde Mulkhand for respondent No.1-insurer.

¶31

The claimant was aged 53 years as on the date of the accident i.e., 12.11.2013. Hence, the appropriate multiplier as assessed by the Tribunal at 11 is just and proper. The claimant is stated to be an employee in a private company earning 10,000/- p.m. However, no documents have been produced to demonstrate the income. The Tribunal has assessed the notional income at 6,000/- p.m. Having regard to the date of the accident, the notional income is re-assessed as `8,000/- p.m.

¶32

It is forthcoming from the wound certificate (Ex.P6), the discharge summary (Ex.P7) and the other material on record that the claimant has sustained 1/3^rd fracture of the left tibia and fibula. The claimant took treatment as an inpatient for a total period of 9 days. The doctor (PW.2) has deposed that the claimant has sustained 34% disability to the left lower limb. The Tribunal considering the same, has assessed the disability at 10% to the whole body, which is just and proper.

¶33

4 -

¶34

NC: 2025:KHC:25973 MFA No. 4585 of 2017

¶35

HC-KAR

¶36

Having regard to the aforementioned, the

¶37

compensation is re-assessed as follows:

¶38

6.1. Having regard to the nature of injuries sustained, the compensation towards pain and suffering is re-assessed as 30,000/- as against 20,000/- assessed by the Tribunal;

¶39

6.2. The Tribunal has assessed the laid up period as 3 months and accordingly, a compensation of (8,000/-x3) 24,000/- is awarded towards loss of income during laid up period as against `18,000/- awarded by the Tribunal;

¶40

6.3. The Tribunal has awarded a sum of 5,000/towards conveyance, 5,000/- towards attendant charges and `5,000/- towards food, nourishment and diet charges, which are just and proper;

¶41

6.4. Having regard to the nature of injuries sustained and the extent of disability, it is just and proper to award loss of amenities in a sum of 20,000/- as against 10,000/awarded by the Tribunal;

¶42

6.5. The Tribunal has awarded a sum of 72,948/towards actual medical expenses as per bills, which is just and proper and the same is rounded off to 73,000/-;

¶43

5 - NC: 2025:KHC:25973 MFA No. 4585 of 2017

¶44

HC-KAR

¶45

6.6. The compensation awarded by the Tribunal towards future medical expenses is not interfered with;

¶46

6.7. Loss of income due to disability is re-assessed as (8,000/-x12x11x10%) 1,05,600/as against `79,200/awarded by the Tribunal.

¶47

Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

¶48

Accordingly, the total compensation under various

¶49

heads is re-assessed as follows:

¶50

Sl.	Heads	Amount awarded	Amount awarded
No		by the Tribunal (Rs.)	by this Court (Rs.)
1.	Loss of future income arising out of 10% disability	79200.00	105600.00
2.	Pain and suffering	20000.00	30000.00
3.	Loss of amenities	10000.00	20000.00
4.	Loss of income during laid up period	18000.00	24000.00
5	Actual medical expenses	72948.00	73000.00
6	Future medical expenses	15000.00	15000.00
7	Conveyance	5000.00	5000.00
8	Attendant charges	5000.00	5000.00
9	Food, nourishment and diet charges	5000.00	5000.00
	Total	230148.00	282600.00

¶51

6 -

¶52

NC: 2025:KHC:25973 MFA No. 4585 of 2017

¶53

HC-KAR

¶54

Hence, the claimant is entitled for enhanced

¶55

compensation of (2,82,600/- – 2,30,148/-) `52,452/-.

¶56

In the result, the following:

¶57

ORDER

¶58

i) The appeal is allowed in part; ii) The judgment and award dated 28.4.2015 passed in MVC No.6905/2013 by the IX Additional Small Causes and Additional Motor Accident Claims Tribunal, Bengaluru (SCCH7), is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered.

¶59

iii) The claimant is entitled for enhanced compensation of Rs.52,452/- with interest at the rate of 7% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal;

¶60