Sri. T. Manjunatha Vs Sri. Afroz

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.4.2015 PASSED IN MVC NO.264/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, ADDITIONAL MACT-III, SHIVAMOGGA,PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR 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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Heard the arguments of both sides.

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This appeal is preferred against the judgment and

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award of the Court of Additional District Judge and Additional MACT-III, Shivamogga, in M.V.C. No.264 of 2013 dated 28.04.2015.

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The injured claimant filed claim application claiming compensation of Rs.5,00,000/- with interest. The tribunal, considering the entire evidence on record, granted Rs.72,050/with interest at the rate of 6% per annum from the date of petition till realisation.

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Against the said order, this appeal is preferred by the claimant in which it is contended that he met with an accident

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3 - NC: 2025:KHC:35665 MFA No. 553 of 2016

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HC-KAR

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that occurred on 28.04.2011, he was aged 20 years, doing agriculture and earning Rs.12,000/- per month. He sustained fracture of right orbital roof and abrasion over upper lips. It is further contended that he was inpatient for 7 days and he was under bed rest for 8 months, but the Tribunal granted compensation only for 2 months. The income calculated by the Tribunal is also inappropriate. The amount granted under all the heads is on the lower side and therefore, requested for enhancement of compensation.

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Considering the nature of injuries sustained by the petitioner-claimant and also the period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.35,000/- for pain and suffering, Rs.15,000/- for conveyance, attendant and nutrition, Rs.20,050/- toward medical expenses, loss of earning for 3 months Rs.19,500/- (i.e. Rs.6,500/- x 3) and Rs.20,000/towards loss of amenities.

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It is submitted that the petitioner-claimant did not examine the doctor and as such, the disability cannot be considered.

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NC: 2025:KHC:35665 MFA No. 553 of 2016

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HC-KAR

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Thus, the total compensation comes to Rs.1,09,550/-

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with interest at 6% per annum as against the compensation of

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Rs.72,050/- awarded by the Tribunal.

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The award of compensation passed by the Tribunal is

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modified as under:

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Heads	Amount in Rs.
1. Pain and suffering	35,000/-
2. Conveyance, attendant and nutrition	15,000/-
3. Medical expenses	20,050/-
4. Loss of earning for 3 months	19,500/-
5. Loss of amenities	20,000/-
Total	1,09,550/-