Sri Raveendra Poojary Vs Sathish Sapaliga

THE DIVISIONAL MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD., DIVISIONAL OFFICE, CITY TRADE CENTER 1^ST FLOOR, OPP. CITY HOSPITAL KADRI, MANGALORE - 575 003.

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…RESPONDENTS

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2; VIDE ORDER DATED 15.07.2026, NOTICE TO R1 IS DISPENSED WITH)

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2 - NC: 2026:KHC:38088 MFA No. 1566 of 2023

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HC-KAR

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CNR: KAHC010123802023

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.07.2022 PASSED IN MVC NO.519/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 30.07.2022 passed in MVC No.519/2021 by II Additional Senior Civil Judge and Additional MACT, Udupi.

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Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

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The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained

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3 - NC: 2026:KHC:38088 MFA No. 1566 of 2023

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HC-KAR

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CNR: KAHC010123802023

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by him in a road traffic accident which took place on 19.01.2021 contending that the accident occurred due to rash and negligent driving by the rider of motorcycle bearing registration No.KA-20-X-9700.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record,

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assessed the compensation and awarded the

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compensation under various heads as under:

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Sl.	Particulars		Amount
No.
1.	Medical expenses relating to treatment and hospitalization and medicines	Rs.	2,44,326/-
2.	Special diet and nourishment	Rs.	2,250/-
3.	Loss of income during the laid up period	Rs.	91,278/-
4.	Loss of future income	Rs.	4,16,007/-
5.	Pain and suffering	Rs.	30,000/-
6.	Attendant charge	Rs.	7,875/-
7.	Conveyance charge	Rs.	5,000/-
8.	Future medical expenses	Rs.	40,000/-
	Total	Rs.	8,36,736/-

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4 - NC: 2026:KHC:38088 MFA No. 1566 of 2023

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HC-KAR

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CNR: KAHC010123802023

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The Tribunal has also awarded the interest at

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the rate of 6% per annum from the date of petition till realisation and the Tribunal has not awarded interest on future medical expenses of Rs.40,000/-. The Tribunal directed the respondent No.2/insurer to deposit the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of

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compensation.

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Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

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Learned counsel for the appellant would contend that, the claimant has sustained two fractures namely (i) open fracture of both bones of left leg and (ii) fracture of proximal tibia left and considering the same, the compensation awarded for pain and sufferings requires to be enhanced. The Tribunal has not awarded loss of amenities. The Tribunal has awarded loss of income during laid up period only for 2.5 months and considering the

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5 - NC: 2026:KHC:38088 MFA No. 1566 of 2023

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HC-KAR

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CNR: KAHC010123802023

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injuries sustained, he has to take rest atleast for 03 months. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.2/insurer would contend that, the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard both the learned counsel for

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appellant and learned counsel for respondent No.2/insurer,

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the Court has perused the Judgment and Award.

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The accident occurred on 19.01.2021 and at

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that time, the claimant was aged thirty six (36) years and he was working in Muscat. The claimant has sustained two fractures namely (i) open fracture of both bones of left leg and (ii) fracture of proximal tibia left. Considering that the compensation awarded by the Tribunal towards pain and sufferings at Rs.30,000/- requires to be enhanced to Rs.60,000/-. The Tribunal has not awarded loss of

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6 - NC: 2026:KHC:38088 MFA No. 1566 of 2023

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HC-KAR

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CNR: KAHC010123802023

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amenities. Considering the injuries sustained, the claimant is entitled to loss of amenities in a sum of Rs.40,000/-. The claimant has been admitted in hospital for 15 days and considering the injuries sustained by him, he has to take rest atleast for 03 months. The Tribunal has awarded only loss of income during laid up period for 2.5 months. The claimant is entitled for loss of income during laid up period for 03 months in a sum of Rs.1,09,533/(36,511 X 3).

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Considering all the above aspects, the claimant

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is entitled to total compensation under various heads as under:

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Sl. No.	Particulars		Amount
1.	Medical expenses relating to treatment and hospitalization and medicines	Rs.	2,44,326/-
2.	Special diet and nourishment	Rs.	2,250/-
3.	Loss of income during the laid up period	Rs.	1,09,533/-
4.	Loss of future income	Rs.	4,16,007/-
5.	Pain and suffering	Rs.	60,000/-

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7 -

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HC-KAR

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NC: 2026:KHC:38088 MFA No. 1566 of 2023

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CNR: KAHC010123802023

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6.	Attendant charge	Rs.	7,875/-
7.	Conveyance charge	Rs.	5,000/-
8.	Future medical expenses	Rs.	40,000/-
9.	Loss of amenities	Rs.	40,000/-
	Total	Rs.	9,24,991/-

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The claimant is entitled to total compensation of

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Rs.9,24,991/- as against Rs.8,36,736/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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Consequently, the claimant is entitled to

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enhanced compensation of Rs.88,255/- (Rs.9,24,991 - Rs.8,36,736) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.2/insurer is liable to pay

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enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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8 - NC: 2026:KHC:38088 MFA No. 1566 of 2023

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HC-KAR

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CNR: KAHC010123802023

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ii) The appellant/claimant is entitled to enhanced compensation of Rs.88,255/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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iv) The claimant is entitled to release of entire enhanced compensation with interest.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 29

Sri Raveendra Poojary v. Sathish Sapaliga

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Sri Raveendra Poojary v. Sathish Sapaliga

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