Shivanna H N Vs Madhav Naik

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NC: 2025:KHC:35855 MFA No. 5930 of 2014

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1 -

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5930/2014 (MV-I)

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BETWEEN:

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SHIVANNA H N @ SHIVA @ SHIVU @ SHIVAPPA, S/O NANJE GOWDA @ ORANJA GOWDA, AGED ABOUT 35 YEARS, PRESENTE ADDRESS C/O CHANNAMMA, R/AT #9, 3^RD MAIN, VINAYAKANAGARA, KAMAKSHIPALYA, BANGALORE-560 079, PERMANENT ADDRESS R/AT DODDABANDARA, SOMWARPET, KODAGU-571 236.

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…APPELLANT

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(BY SRI. K V SHYAMAPRASADA., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka

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MADHAV NAIK, S/O RAMANNA NAIK, MAJOR, R/A RAJA MAHAL, ADYAR POST, KANARA SOUTH DISTRICT, MANGALORE-575 008.

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M/S NATIONAL INSURANCE CO. LTD., REGIONAL OFICE #144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE-560 001, REPRESENTED BY ITS MANAGER.

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…RESPONDENTS (BY SRI. SHIVARAJ PATIL FOR R2 ., ADVOCATE R1 SERVED)

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2 - NC: 2025:KHC:35855 MFA No. 5930 of 2014

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 6.11.2013 PASSED IN MVC NO.1787/2012 ON THE FILE OF THE MEMBER, PRL. MACT & CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE, 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: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under

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Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 6.11.2013 passed in MVC No.1787/2012 on the file of the Member, Prl. MACT & Chief Judge, Court of Small Causes, Bangalore, for enhancing the compensation.

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Heard the arguments of the learned counsel for

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the appellant and learned counsel for respondent No.2. Respondent No.1 served and unrepresented. The ranks of

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the parties are retained as per tribunal for the sake of convenience.

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3 - NC: 2025:KHC:35855 MFA No. 5930 of 2014

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HC-KAR

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Injured claimant filed application before tribunal for claiming compensation of Rs.10,00,000/-. The tribunal considering the oral and documentary evidence granted an amount of Rs.25,014/- with interest at the rate of 6 % per annum from the date of petition and directed to pay the amount within 2 months, if they failed to pay the same, the rate of interest shall be 9% till realisation.

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Aggrieved by the said order, this appeal is preferred, in which it is contended, that petitioner sustained one grievous injury and two simple injuries. He was admitted as an inpatient from 16.02.2011 to 12.04.2011 for 56 days and has taken a follow up treatment even after discharge. He also spent much amount for purchase of the medicines, apart from medical expenses. The amount granted under the head attendant charges is on lower side. He was a heavy transport vehicle driver earning Rs.10,000/- per month. Amount were not granted under the other heads like loss of amenities,

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4 - NC: 2025:KHC:35855 MFA No. 5930 of 2014

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HC-KAR

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discomfort and mental stress in life, future medical expenses etc., hence, requested for enhancement.

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The petitioner has not examined the doctor. As

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per Ex.P2 he sustained the following injuries,

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“1. Laceration on perineal region measuring 16cm x 10 cm bone deep, underlying public bones(superior and inferior ramus) fractured.

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2. Lacerated wound on medial aspect of upper part of right thigh 14 cm x 10 cms.

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3. Lacerated wound on medial aspect of lower one third of right leg 10 x 10 cms.”

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out of which first injury is grievous in nature and two and

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three are simple. Considering the nature of injuries, this court finds it reasonable to grant an amount of Rs.20,000/- for injuries. He was hospitalized for a period of 56 days. Therefore, finds it reasonable to grant an amount of Rs.25,000/- for pain and suffering, Rs.20,000/- for loss of amenities, Rs.3,810/- towards medical expenses holds good and this Court also finds it reasonable to grant an amount of Rs.30,000/- for

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5 - NC: 2025:KHC:35855 MFA No. 5930 of 2014

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HC-KAR

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transportation, extra nourishment and attendant charges.

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The petitioner was working as a driver. In view of the fracture sustained by him, he might not have attended any other work at least for a period of 3 months. Though, he has not proved his income, he was aged 33 years and met

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with an accident on 16.02.2011. Therefore, his notional income is to be taken as Rs.6,500/- per month. Hence, loss of earnings during laid up period is Rs.6,500 X 5 months = Rs.32,500/-.

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8. Thus in all, components awarded by this court

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are as below,

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Particulars	Amount in Rs.
Towards injuries	20,000
Pain and suffering	25,000
Loss of amenities	20,000
Medical expenses	3,810
Transportation, extra nourishment and	30,000
attendant charges
Future medical expenses	32,500
Total	1,31,310

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6 - NC: 2025:KHC:35855 MFA No. 5930 of 2014

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HC-KAR

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Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.1,31,310/- along with interest at the rate of 6% p.a., instead of Rs.25,410/already granted by the tribunal..

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 6.11.2013 passed in MVC No.1787/2012 on the file of the Member, Prl. MACT & Chief Judge, Court of Small Causes, Bangalore, is modified;

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iii. The claimant is entitled to a sum of Rs.1,31,310/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.25,410/granted by the tribunal.

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7 - NC: 2025:KHC:35855 MFA No. 5930 of 2014

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HC-KAR

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iv. Respondent No.2 is directed to deposit the amount within one month from the date of this order;

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v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same

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Sd/(P SREE SUDHA) JUDGE

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AKV List No.: 1 Sl No.: 42

Shivanna H N v. Madhav Naik

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Shivanna H N v. Madhav Naik

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