Mr Ananda Poojary Vs Mr Kiran Kumar

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NC: 2025:KHC:39290 MFA No. 6499 of 2014

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^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. 6499 OF 2014 (MV)

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BETWEEN:

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MR ANANDA POOJARY S/O LATE SUBBA POOJARY AGED 61 YEARS, R/AT BRAHMARAMBIKA, PRASHANTH BAGH 5TH CROSS, KEMBRAU ROAD, ALAPE, PADIL, MANGALORE, D.K. PIN- 575 005

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…APPELLANT

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(BY SRI. RAVISHANKAR SHASTRY G., 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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MR KIRAN KUMAR S/O SUNDARA POOJARY, AGED 24 YEARS, R/AT HOUSE NO.10-164(A) BORUGUDDE HOUSE, JODUMARGA POST, BANTWAL MOODA VILLAGE, BANTWAL TALUK, D.K.DISTRICT- 574 219.

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NATIONAL INSURANCE CO.LTD., OFFICE AT II FLOOR, GANESH BUILDING, B.C.ROAD, BANTWAL TALUK, D.K REPRESENTED BY ITS BRANCH MANAGER, PIN-574219

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…RESPONDENTS

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(BY SRI. R JAIPRAKASH, ADVOCATE FOR R2; V/O DTD 23.06.2016, NOTICE TO R1 D/W)

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2 - NC: 2025:KHC:39290 MFA No. 6499 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 10.03.2014 PASSED IN MVC NO.513/2012 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSION JUDGE, MACT-III, MANGALORE, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 10.03.2014 passed in MVC No.513/2012 by the Motor Accident Claims Tribunal, D.K., Mangalore (hereinafter referred to as 'Tribunal' for short) seeking enhancement of the

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compensation.

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The injured claimant had filed a claim petition before the Tribunal seeking compensation of Rs.4,00,000/-. The Tribunal after considering the entire

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3 - NC: 2025:KHC:39290 MFA No. 6499 of 2014

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HC-KAR

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evidence on record, awarded a sum of Rs.1,22,500/- along with interest at the rate of 6% per annum from the date of petition till its realization. Being aggrieved by the said award, the appellant has preferred this appeal.

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Heard the arguments of both parties and perused the material on records.

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It is contended that the appellant/claimant sustained injuries in the accident and the compensation awarded under the heads of pain and suffering, conveyance, food and attendant charges is meager. The appellant was employed as a Manager in the Primary Agricultural and Rural Development Bank and was drawing a monthly salary of Rs.24,095/-. Due to the injuries, he was unable to attend duty for about four and a half months. To substantiate this, he produced Ex.P.11-Salary Certificate and Ex.P.12- Leave certificate, which shows that he had availed earned leave (EL) from 31.03.2012 to 16.08.2012. As such, he claimed a sum of Rs.1,18,404/-

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HC-KAR

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under the head of 'loss of earned leave' but the said amount is not granted by the Tribunal.

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Though PW.2-the doctor, stated that the claimant had sustained 10% permanent disability to the right lower limb, but the Tribunal did not consider the same. PW.2 further stated that an additional sum of Rs.25,000/- would be required for removal of the implants, however, the Tribunal awarded only Rs.5,000/under that head.

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The compensation awarded by the Tribunal under the head of 'loss of amenities' is also on the lower side. Therefore, the appellant requested for enhancement of compensation under this head as well. The petitioner/appellant herein produced Ex.P7-Wound Certificate, which indicates that he sustained a Type-I open segmental fracture of the right tibia and a fracture of left scapula and that he remained as inpatient for 12 days. PW.2, the doctor, further stated that the appellant was suffering from restriction of movement in the right knee

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HC-KAR

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and right ankle and he had sustained 10% permanent partial disability of the right lower limb. However, the Tribunal observed that PW.2 had not treated the appellant and consequently, did not take the said disability into consideration.

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Considering the nature of injuries sustained and the period of hospitalization, this Court finds it reasonable to accept the 10% permanent disability assessed by PW.2 for the purpose of enhancing the compensation.

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Learned counsel for the respondent argued that the petitioner continued in the same job even after sustaining the injuries, therefore, no compensation can be awarded under the head of 'loss of future income'.

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Considering the nature of injuries sustained, this Court finds it reasonable to award Rs.40,000/- under the head of 'injuries', Rs.25,000/- towards 'pain and suffering' and Rs.20,000/- towards 'loss of amenities'.

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NC: 2025:KHC:39290 MFA No. 6499 of 2014

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HC-KAR

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PW.2, stated that the petitioner would require

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Rs.25,000/- for removal of the implants. This Court finds it reasonable to award the said amount under the head of 'future medical expenses'.

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The amount of Rs.70,000/- awarded by the Tribunal towards 'medical expenses' is needs no interference.

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Learned counsel for the appellant submitted that the claimant was unable to attend duty for a period of four and a half months and had to avail earned leaves, thereby incurring a notional loss of Rs.1,18,404/- in salary. It was contended that if the claimant had not utilized his earned leave for recovery, he could have either encashed it or availed it at a later stage. Considering the same, this Court finds it reasonable to award a sum of Rs.1,18,404/- under the head of 'loss of earnings'.

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NC: 2025:KHC:39290 MFA No. 6499 of 2014

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HC-KAR

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This Court also find it reasonable to award a

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sum of Rs.30,000/- towards transportation, conveyance, extra nourishment and attendant charges.

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Thus, the claimant is entitled to the following

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compensation:

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Compensation under	Amount in
different heads	(Rs.)
Injuries sustained	40,000/-
Pain and suffering	25,000/-
Loss of amenities	20,000/-
Medical expenses	70,000/-
Conveyance, food and	30,000/-
nourishment, attendant charges
Loss of income during laid	1,18,404/-
up period
Future medical expenses	25,000/-
Total	3,28,404/-