The Legal Manager Vs Yogesha

NOW REPRESENTED BY LEGAL MANAGER, SHRIRAM GENERAL INS. CO. LTD., NO.304, 3^RD FLOOR, S AND S CORNER BUILDING, OPP. BOWRING AND LADY CURZON HOSPITAL, BANGALORE – 560 001.

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…APPELLANT

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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(BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR SRI.PRADEEP B., ADVOCATE)

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AND:

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YOGESHA, S/O. SUBBASHETTY, NOW AGED ABOUT 36 YEARS, R/AT BANNAHALLI VILLAGE, CHIKKARASINAKERE HOBLI, MADDUR TALUK, MANDYA DISTRICT. 2. MAHESH, S/O. CHIKKEGOWDA,

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NC: 2025:KHC:30801 MFA No. 721 of 2023

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HC-KAR

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MAJOR, R/AT NO.16, HALLIKERE, MANDYA TALUK, MANDYA DISTRICT.

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…RESPONDENTS

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(BY SMT. SUDHA G., ADVOCATE AND SRI.K.VIJAY, ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED 24.04.2025)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.09.2022 PASSED IN MVC NO.1019/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADDUR, MANDYA DISTRICT, AWARDING COMPENSATION OF RS.16,14,965/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF DEPOSIT WITH THE TRIBUNAL.

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THIS APPEAL, COMING ON FOR FINAL HEARING , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

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Aggrieved by the award passed in MVC.No.1019/2016 dated 15.09.2022 by the Additional Senior Civil Judge and MACT, Maddur, Mandya District, claimant is before this Court seeking enhancement of the compensation.

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The claim petition was filed seeking compensation of an amount of Rs.53,50,000/- for the injuries sustained by the claimant in the accident. According to the claimant, he is 30 years old, he is in cattle sales business and agent.

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3 - NC: 2025:KHC:30801 MFA No. 721 of 2023

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HC-KAR

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The Trial Court had granted compensation as per

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the following table:

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Sl.No.	Heads	Amount
1.	Loss of future earnings	Rs.4,62,672/-
2.	Medical and Hospital expenses	Rs.5,58,333/-
3.	Nourishment and food miscellaneous expenses	Rs.30,000/-
4.	Transportation / conveyance charges	Rs.33,960/-
5.	Loss of earnings during the treatment	Rs.30,000/-
6.	Pain and suffering	Rs.75,000/-
7.	Loss of amenities	Rs.25,000/-
	TOTAL	Rs.12,14,965/-

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Learned counsel appearing for the insurance

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company submits that when the disability that is assessed at 18%, Tribunal had granted 40% future prospects, which is on the higher side. It is submitted that even under the head of pain and suffering also, the amount that is awarded by the Tribunal is also on the higher side. It is further submitted that the interest ought to have been granted at 6%, but the Tribunal had granted the interest at 9%. The counsel submits

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NC: 2025:KHC:30801 MFA No. 721 of 2023

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HC-KAR

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that the claim petition is dismissed for default on 27.09.2017 and restored on 09.06.2020. For their lapses, the insurance company cannot be penalized and they cannot be made to pay the interest. He submits that the quantum of compensation needs to be reduced.

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Learned counsel appearing for the respondent / claimant submits that the court had rightly granted the compensation. There are no grounds to interfere.

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Having heard the learned counsel on either side, perused the material on record. Considering the three injuries that were sustained by the claimant, the Tribunal had rightly granted an amount of Rs.75,000/- under the head of pain and suffering . This court is not inclined to interfere. Towards Loss of amenities considering 18% disability, a sum of Rs.25,000/- is granted, it requires no interference. Under the head of loss of earning, transportation, nourishment, Medical and hospitalisation expenses , tribunal had rightly granted an amount of Rs . 6,52,293/-, no interference is called for. Then coming to the loss of future earning, as rightly argued by the learned counsel for the appellant - Insurance Company,

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HC-KAR

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when the disability is 18%, question of granting 40% future prospects would not arise. In that view of the matter, taking the income at Rs.9,000 (9000 x 12 x 17 x18/ 100) comes to an

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amount of Rs. 3,30,480/- towards loss of future earning .

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The claimants are therefore, entitled to the

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compensation under the following heads:

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SL. No.	Heads		Co A	mpensation warded by Tribunal	Compensation Awarded by this Court
1.	Loss of future earnings	:	Rs.	4,62,672/-	3,30,480/-
2.	Medical and Hospital expenses	:	Rs.	5,58,333/-	5,58,333/-
3.	Nourishment and food miscellaneous expenses	:	Rs.	30,000/-	30,000/-
4.	Transportation / conveyance charges	:	Rs.	33,960/-	33,960/-
5.	Loss of earnings during the treatment	:	Rs.	30,000/-	30,000/-
6.	Pain and Suffering	:	Rs.	75,000/-	75,000/-
7.	Loss of amenities	:	Rs.	25,000/-	25,000/-
	TOTAL	:	Rs.	12,14,965/-	10,82,773/-

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NC: 2025:KHC:30801 MFA No. 721 of 2023

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HC-KAR

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Altogether, the claimant is entitled for an amount of

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Rs. 10,82,773/- . The interest is reduced from 9% to 6%.

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Accordingly, the appeal filed by insurance company

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is partly allowed by reducing the compensation from an amount of Rs.12,14,965/- to Rs. 10,82,773/-

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(i) The amount shall carry interest @ 6% per annum.

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(ii) The insurance company is not liable to pay the compensation for the period between 27.09.2017 to 09.06.2020.

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(iii) The apportionment of the amount shall be as per the order passed by the Tribunal.

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(iv) Amount in deposit shall be forthwith transferred to the court below. On such deposit, the claimant is at liberty to withdraw the money.

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(v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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vi) No costs.

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