Mr Naseerulla Khan K M Vs the New India Assurance Co. Ltd.

MR.K.R. RAMA REDDY, S/O LATE K.R. RAMAKRISHNA REDDY, NO.KARADAGOOR VILLAGE, SRINIVASANDRA POST VIA OORGAUMPET, ROBERTSONPET, KOLAR GOLD FIELDS (KGF)-563 012.

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…RESPONDENTS

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(BY SRI. C R RAVI SHANKAR, ADVOCATE FOR R1, V/O DTD:03.01.2018 NOTICE TO R2 IS D/W)

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2 - NC: 2025:KHC:38940 MFA No. 7083 of 2015

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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:26.12.2014 PASSED IN MVC NO.6085/2012 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXIV ACMM, MEMBER, MACT-7, 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 Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 26.12.2014 passed in MVC No.6085/2012 by IX Addl., Small Causes Judge and XXXIV ACMM, Member, MACT, Court of Small Causes, Bengaluru, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. Notice to respondent No.2 is dispensed with.

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3 - NC: 2025:KHC:38940 MFA No. 7083 of 2015

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HC-KAR

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Injured claimant filed claim application claiming compensation of Rs.15,00,000/- with interest at the rate of 12% p.a. The Tribunal considering the entire evidence on record granted Rs.4,43,500/- with interest at the rate of 6 percent per annum from the date of petition till the date of deposit.

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Aggrieved by the said order, injured/claimant preferred an appeal and mainly contended The Tribunal ought to have granted more compensation under the head pain and suffering as he sustained crush injury to the right leg and resulted in amputation, below knee and also fracture of medial malleolus, fracture of 1^st and 3^rd right metatarsal and underwent surgeries. He sustained 70% of physical disability. Lesser amounts are granted under other

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heads and the functional disability is only taken as 28% and it is to be enhanced. The future medical expenses requires to be enhanced. Therefore,

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4 - NC: 2025:KHC:38940 MFA No. 7083 of 2015

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HC-KAR

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claimant is before the court and requested for enhancement.

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The petitioner is aged 60 years and he was working as a Canara Bank employee and retired. He met with an accident on 18.09.2012. It is stated that he was working as a chartered accountant and was earning Rs.10,000/- per month, apart from pension, but no evidence is adduced to prove his income after the retirement. Therefore, as he met with accident on 18.09.2012, considering the guidelines of the Karnataka State Legal Services Authority, this court finds it reasonable to take the notional income as Rs.7,000 per month.

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Further, the petitioner in order to prove his case, examined PW2 and he assessed the disability. On 26.11.2013, below knee amputation with functional stump 9 inch below knee and lower extremity disability of 70% whole body disability of 20%. Considering the said evidence, the Tribunal has

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5 - NC: 2025:KHC:38940 MFA No. 7083 of 2015

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HC-KAR

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taken disability as 28% and this court finds no reason to interfere with the same. Therefore, loss of future

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income is Rs.7000 x 12 x 9 x 28% = Rs.2,11,680/-.

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Further, this court finds it reasonable to

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grant an amount of Rs.50,000/- towards pain and suffering and Rs.50,000/- for loss of amenities. The injured/claimant might not have attended any other work at least for a period for 8 months. Therefore, loss of income during laid up period to be taken as Rs.7000 x 8 = Rs.56,000/-

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The actual medical expenses and cost of artificial limb and future medical expenses needs no interference. This court finds it reasonable to enhance

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compensation granted under Conveyance, Attendant charges, Food and Nourishment to Rs.40,000/-

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HC-KAR

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Thus in all, components awarded by this

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court are as below,

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Particulars	Amount in Rs.
Loss of future income	2,11,680
Pain and suffering	50,000
Loss of amenities	50,000
Loss of income during laid down period	56,000
Actual medical expenses	23,000
Cost of artificial limb	1,20,000
Future medical expenses	25,000
Conveyance, Attendant	40,000
charges, Food,
Nourishment and diet charges
TOTAL	5,75,680

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Hence, the appellant-claimant is entitled for a

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total enhanced compensation of Rs.5,75,680/- along

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with interest at the rate of 6% p.a., instead of Rs.4,43,500/- as granted by the tribunal.

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7 -

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NC: 2025:KHC:38940 MFA No. 7083 of 2015

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HC-KAR

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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 dated 26.12.2014 passed in MVC No.6085/2012, by IX Addl., Small Causes Judge and XXXIV ACMM, Member, MACT, Court of Small Causes, Bengaluru, is modified;

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iii. The claimant is entitled for a sum of Rs.5,75,680/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,43,500/- granted by the tribunal.

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iv. Respondent No.1 is directed to deposit the amount within one month from the date of this order, and

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