Rajesha Vs Kiran G

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2024 PASSED IN MVC NO.457/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN TIME. C.F. SUFFICIENT. SRI.S.A. SABOOR, ADVOCATE FOR APPELLANT.POST MFA BEFORE COURT (SJ) FOR ADMISSION.SBA 13.12.2024

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THIS APPEAL, COMING ON FOR ADMISSION, 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 M.V.C.No.457/2021 dated 03.09.2024 on the file of the Judge, Additional Court of Small Causes & MACT at Mysuru, whereby the Tribunal had granted compensation of an amount of Rs.2,95,000/-, the appellant/claimant is before this Court.

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It is the case of the claimant that on 01.04.2021 at about 7:00 a.m., the claimant was travelling as pillion rider in bike ridden by one Jagadeesha with high speed in rash and negligent manner, when they reached near ring road, Koppaluru gate, Mysuru Taluk and District, the rider of the offending vehicle lost control and caused accident. Due to the impact, the claimant fell down and sustained injuries to his face

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3 - NC: 2025:KHC:19438 MFA No. 8103 of 2024

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HC-KAR

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and other parts of the body. He was shifted to Agasthya Hospital at Mysuru and treated as inpatient. The doctor had assessed the permanent physical disability of the claimant at 33% for facio-maxillary injury.

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The Tribunal had granted compensation as per the

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table given below:

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SL. No.	Heads		C	ompensation Awarded
1.	Loss of Earnings during treatment (laid up period)	:	Rs.	30,000/-
2.	Damages for pain, suffering and Trauma as a consequent of this injuries	:	Rs.	1,00,000/-
3.	Loss of amenities	:	Rs.	50,000/-
4.	Transportation, Nourishment, Attendant and Miscellaneous Expenditure	:	Rs.	35,000/-
	Expenses relating to	:
5.	Treatment Hospitalization and Medication		Rs.	80,000/-
	TOTAL	:	Rs.	2,95,000/-

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Learned counsel appearing for the appellant/claimant

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submits that the compensation that is granted by the Tribunal under all the heads is not just and reasonable and basing on the disability, the Tribunal ought to have granted compensation under the head of loss of future earnings.

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4 -

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NC: 2025:KHC:19438 MFA No. 8103 of 2024

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HC-KAR

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Learned counsel appearing for respondent

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No.2/Insurance Company submits that facio-maxillary injury will not have any impact on the loss of future earnings of the claimant and the Tribunal had granted just and reasonable compensation.

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Having heard the learned counsels on either side, perused the entire material on record. The Tribunal had granted reasonable amount under the head of Damages for pain, suffering and Trauma as a consequence of the injuries and under the head of expenses relating to treatment, hospitalization and medication. When it comes to the loss of earnings during treatment period, considering the injury and as the accident had taken place in the year 2021, taking notional income of the claimant at Rs.15,000/-, this Court is granting an amount of Rs.60,000/- under the head of loss of earnings during the treatment period . As rightly pointed out by the learned counsel for the Insurance Company, the injury will not have an impact on the future earnings. But, however, quality of life will be affected. In that view of the matter, this Court is granting an amount of Rs.1,00,000/- towards loss of amenities . The claimant is 23 years old and as the

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HC-KAR

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disfigurement will have an impact on his marriage prospects,

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under the head of marriage prospects , this Court is granting an amount of Rs.20,000/- .

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another¹ , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses .

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The claimant is therefore, entitled to 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 Earnings during treatment (laid up period)	:	Rs.	30,000/-	60,000/-
2.	Damages for pain, suffering and Trauma as a consequent of this injuries	:	Rs.	1,00,000/-	1,00,000/-
3.	Loss of amenities	:	Rs.	50,000/-	1,00,000/-
4.	Transportation, Nourishment, Attendant and Miscellaneous Expenditure	:	Rs.	35,000/-	35,000/-

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1 (2014) 11 SCC 178

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HC-KAR

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5.	Expenses relating to Treatment Hospitalization and Medication	:	Rs.	80,000/-	80,000/-
6.	Marriage prospects	:	Rs.	00/-	20,000/-
7.	Legal Expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	2,95,000/-	4,05,000/-
	Enhancement	:	Rs.	1,10,0	00/-

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Altogether, the claimant is entitled for compensation of

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an amount of Rs.4,05,000/- .

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Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.2,95,000/- to Rs.4,05,000/- .

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i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization.

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ii. The apportionment of the amount shall be as per the order passed by the Tribunal.

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iii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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