Sri Sunny C K Vs Sri Reva

SMT DAISY SUNNY W/O C.K. SUNNY, AGED ABOUT 38 YEARS, R/O NO.121, ST.PAULS MISSION OF INDIA, VEDARAMANCHENAHALLI, JIGANI HOBLI, KALLUBALU POST, ANEKAL TALUK, BANGALORE.

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…APPELLANT

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(BY MR. MATHACHAN VARGHESE., ADVOCATE)

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AND:

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Digitally signed 1. SRI REVA by (44 YEARS) PADMASHREE S/O SIDDAPPA, SHEKHAR DESAI RESIDING A/T BANDE MARASANDRA, Location: High Court of HAROHALLI HOBLI, Karnataka KANAKAPURA TALUK, DRIVER OF KA-42-T-3507.

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SMT. KAMALAMMA (MAJOR) D/O MADE GOUDA, R/AT CHIKKANADODDI, KARIKALDODDI POST, KANAKAPURA TALUK,

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NC: 2026:KHC:28866 MFA No. 1596 of 2016 C/W MFA No. 1597 of 2016

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HC-KAR

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OWNER OF KA-42-T-3507.

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TATA AIG GENERAL INSURANCE CO. LTD., 2^ND FLOOR, JP & DEVI JAMBUKESWARI ARCADE, 69, MILLERS ROAD, BANGALORE-560 052, REP. BY ITS BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI. H S LINGARAJU, ADVOCATE FOR R3, V/O DTD:17.01.2018 NOTICE TO R1 AND R2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2015 PASSED IN MVC NO.1369/2012 ON THE FILE OF THE I ADDL., SMALL CAUSE JUDGE AND XXVII MACT, BANGALORE, SCCH-11, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 1597/2016:

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BETWEEN:

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SRI SUNNY C K S/O C.C. KURIAKOSE, AGED ABOUT 46 YEARS, R/O NO.121, ST.PAULS MISSION OF INDIA, VEDARAMANCHENAHALLI, JIGANI HOBLI, KALLUBALU POST, ANEKAL TALUK, BANGALORE.

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...APPELLANT

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(BY MR. MATHACHAN VARGHESE., ADVOCATE)

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AND:

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SRI REVA (44 YEARS) S/O SIDDAPPA, RA/T BANDE MARASANDRA, HAROHALLI HOBLI, KANAKAPURA TALUK, DRIVER OF KA-42-T-3507.

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HC-KAR

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SMT. KAMALAMMA (MAJOR) D/O MADE GOUDA, R/AT CHIKKANADODDI, KARIKALDODDI POST, KANAKAPURA TALUK, OWNER OF KA-42-T-3507.

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TATA AIG GENERAL INSURANCE CO. LTD 2^ND FLOOR, JP & DEVI JAMBUKESWARI ARCADE, 69, MILLERS ROAD, BANGALORE-560 052. REP. BY ITS BRANCH MANAGER

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...RESPONDENTS

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(BY SRI. H S LINGARAJU, ADVOCATE FOR R3, V/O DTD:17.01.2018 NOTICE TO R1 AND R2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2015 PASSED IN MVC NO.1370/2012 ON THE FILE OF THE I ADDL. SMALL CAUSE JUDGE AND XXVII MACT, BANGALORE (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR HEARING 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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A common order was passed by I Addl. Small Cause

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Judge and XXVII ACMM, Bangalore (hereinafter referred as Tribunal) in MVC Nos.1369 & 1370 of 2012 dated 07.11.2015.

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HC-KAR

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IN MFA No. 1596/2016:

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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 07.11.2015 passed in MVC No.1369/2012 on the file of the I Addl. Small Cause Judge and XXVII MACT, Bangalore , for enhancing the compensation.

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Injured claimant met with an accident on 27.08.2011 and filed claim petition claiming compensation of Rs.7,00,000/-. The Tribunal considering entire evidence on record, granted an amount of Rs.3,80,375/- at the rate of 9% along with interest at 6% p.a., from the date of petition till realization.

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Aggrieved by the said order the injured preferred an appeal and mainly contended that the petitioner sustained grievous injuries and was admitted in the hospital as inpatient for 10 days. The Tribunal granted meager amounts under the other heads. The doctor assessed the disability as 15% to the whole body and thus

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HC-KAR

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requested for enhancement of the compensation along with interest at the rate of 9% p.a. The petitioner was working as a missioner and getting the salary of Rs.4,875/- as per document filed at Ex.P63/Payslip, issued by Saint Paul Mission India. Considering the said evidence, Tribunal has rightly considered her income as Rs.4,875/- per month and it is confirmed. She was aged 34 years and the relevant multiplier is ‘16’. Ex.P6 is the wound certificate. The petitioner met with an accident and sustained left knee swelling, tenderness present, movements painful and restricted, C.T. left knee lateral tibial condyle depressed fracture present, spine tenderness over D12 spine present. MRI scan D12 vertebrae body wedge fracture with no spinal canal compromise, left pinna (ear) lacerated, lacerated wound over the occipital area measuring 2x3 cm. Out of the said injuries, injury Nos.1 to 3 are grievous in nature and injury No.4 is simple in nature. She was admitted in the hospital as inpatient for 10 days. She also examined doctor as PW3 and the doctor

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HC-KAR

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assessed the disability of whole body as 15% at the left lower limb. Further, as per the evidence of P.W.4/Consultant Orthopedic Surgeon stated that he observed the following injuries, that the petitioner has compression of 50% with one vertebral body with no neurological deficit, loss of movements of left knee and pain and he has assessed the whole body disability at 15%. Though the fracture are united the petitioner has physically difficulties. He has admitted that he has not assessed separately for physical impairment. Further, PW4 stated that he has given permanent disability at 15% on the basis of disability to all parts of the body and stated that he treated with open reduction and he finally stated that there is 15% total disability of the whole body.

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Hence, this court considers that the tribunal has rightly considered 15% disability of the petitioner. So the loss of future earning capacity comes to Rs.4,875 x 12 x 16 x 15% = Rs.1,40,400/-. Considering the nature of injuries, period of hospitalization and other aspects, this

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HC-KAR

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Court finds that it is just and reasonable to grant an amount of Rs.40,000/- for pain and suffering, Rs.20,000/- for loss of amenities and Rs.30,000 /- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of 4 months due to the injuries sustained in the accident. Therefore , Rs.19,500 /- (Rs.4,875 x 4) is granted under the head loss of income during laid up period. The Tribunal already granted medical expenses to an extent of Rs.1,48,975/- and also Rs.25,000 /- towards future medical expenses and the said amounts are confirmed.

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Thus in all, components awarded by this court are as below,

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Sl.Nos.	Particulars	Amount in Rs.
1	Loss of future earning capacity	1,40,400
2	Pain and suffering	40,000
3	Loss of amenities	20,000
4	Transportation, extra	30,000
	nourishment and attendant

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HC-KAR

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	charges.
5	Loss of income during laid up period	19,500
6	Future medical expenses	25,000
7	Medical expenses	1,48,975
	Total	4,23,875

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Hence, the compensation granted by tribunal is enhanced

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from Rs.3,80,375/- to Rs.4,23,875/- along with interest

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at the rate of 6% p.a.

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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. ii. The judgment and award dated 07.11.2015 passed in MVC No.1369/2012 on the file of the I Addl. Small Cause Judge and XXVII MACT, Bangalore, is modified.

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iii. The claimant is entitled to a sum of Rs.4,23,875/- along with interest at 6% p.a., from the date of petition till the date

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HC-KAR

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of realization, instead of Rs.3,80,375/granted by the tribunal.

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iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.43,500/- along with the interest at the rate of 6% within one month from the date of this order.

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v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same.

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IN MFA NO. 1597/2016:

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This appeal is filed by the appellant/claimant

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under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award 07.11.2015 passed in MVC No.1370/2012 on the file of the I Addl. Small Causes

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HC-KAR

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Judge and XXVII ACMM, Bangalore , for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. The ranks of the parties are retained as per tribunal for the sake of convenience.

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The petitioner herein is husband of Smt.Daisy Sunny (claimant in MFA No.1596/2016) who also met with an accident on 27.08.2011. Tribunal rightly considered income of the petitioner as Rs.6,105/- p.m., and it is confirmed. As per the injury certificate he sustained left knee swelling, tenderness present, movements painful and restricted, CT left knee lateral tibial condyle depressed fracture present, spine tenderness over D12 spine tenderness over D12 spine present, MRI scan D12 vertebrae body wedge fracture with no signal canal compromise, left pinna (ear) lacerated and lacerated wound present over the occipital area measuring 2 x 3 cm and the said injuries are grievous in nature.

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HC-KAR

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He examined the doctor as PW3. He is a plastic surgeon. The doctor stated that the petitioner sustained permanent injuries, out of which first injury is grievous in nature and injury Nos.2, 3, 4 are simple and fresh in nature. He was admitted in their hospital as a inpatient for management of his injuries. Open reduction and internal fixation was made. There was gradual recovery and discharge. He examined him to assess his physical impairment. He complains moderate pain, persistent partial responsibility, right hand dominant. As per the recent x-ray implants in situ, he calculated physical impairment of the left hand and left leg as 7%. Considering the medical evidence on record, this court finds that it is just and reasonable to grant loss of future earning capacity as Rs.6105 x 12 x 13 x 7% = Rs.66,667/-. He was admitted in the hospital for 10 days. Considering the nature of injuries period of hospitalisation and other factors, this Court finds it is reasonable to grant an amount of Rs.30,000/- for pain

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HC-KAR

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and suffering, Rs.15,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 4 months, Rs.6,105 x 4

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= Rs.24,420 /- is granted under the head loss of income during laid up period. The Tribunal had granted Rs.58,084/- towards medical expenses and the said amount is confirmed.

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Thus in all, components awarded by this court

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are as below,

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Sl. Nos.	Particulars	Amount in Rs.
1	Loss of future earning capacity	66,667
2	Pain and suffering	30,000
3	Loss of amenities	15,000
4	Transportation, extra nourishment and attendant charges.	30,000
5	Loss of income during laid down period	24,420
6	Future medical expenses	58,084
	Total	2,24,171

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HC-KAR

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Hence, the compensation granted by tribunal is enhanced from Rs.91,084/- to Rs.2,24,171 /- along with interest at the rate of 6% p.a.

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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. ii. The judgment and award dated 07.11.2015 passed in MVC No.1370/2012 on the file of the I Addl., Small Causes Judge and XXVII ACMM, Bangalore , is modified.

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iii. The claimant is entitled to a sum of Rs.2,24,171/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.91,084/granted by the tribunal.

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HC-KAR

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iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,33,087/- along with the interest at the rate of 6% within one month from the date of this order.

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v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same.

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Sd/(P SREE SUDHA) JUDGE

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AKV CT:NR List No.: 1 Sl No.: 36

Sri Sunny C K v. Sri Reva

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Sri Sunny C K v. Sri Reva

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