Puttegowda Vs the Manager

THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.06.2018 IN MVC NO.52/2016 ON THE FILE OF THE 2^ND ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN AN ENHANCED THE COMPENSATION AS PRAYED WITH 12% INTEREST PER ANNUM IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS MFA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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I.A.1/2020 is an application seeking condonation of delay of 491 days in filing the present appeal. Learned counsel for the respondent-Insurance Company submits that he has no objection if the prayer in this application is allowed provided that the interest for 491 days if the awarded amount is enhanced is not done. This contention is acceptable to the learned counsel for the appellant. Accordingly I.A.1/2020 is allowed. The delay in filing the appeal is condoned.

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The present appeal seeks to challenge an award dated 22.06.2018 in MVC NO.52/2016 on the file of the 2^nd Additional Senior Civil Judge and Member, MACT, Hassan

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3 - NC: 2026:KHC:3424 MFA No. 2001 of 2020

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HC-KAR

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(hereinafter referred to as the “Impugned Award”). Although the Impugned Award is in vernacular, the Decree is in English which sets out that a sum of Rs.3,37,050/- is awarded to the appellant/petitioner along with interest at the rate of 8% p.a.

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Learned counsel for the appellant/petitioner submits that

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the challenge in the present appeal is on one ground alone. He submits that the accident took place on 07.10.2015 and that the compensation has been awarded based on a monthly income of Rs.6,000/-. Learned counsel submits that the notional income for the year 2015 would be at the rate of Rs.9,000/- per month.

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Learned counsel for the respondent No.1/Insurance Company does not dispute this contention. He submits that in the year 2015, notional income would be required to be taken at the rate of Rs.9,000/- per month.

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The learned Tribunal after examining the contentions of the parties has awarded the following compensation:

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Sl.No.	Particulars	Amount (Rs.)
01.	Pain and sufferings	50,000-00
02.	Medical expenses	85,450-00
03.	Incidental charges,	food, 25,000-00

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4 - NC: 2026:KHC:3424 MFA No. 2001 of 2020

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HC-KAR

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	nourishment
04.	Loss of income during the laid up period	18,000-00
05.	Loss of future income due to disability	93,600-00
06.	Future medical expenses	25,000-00
07.	Loss of amenities	40,000-00
	Total	3,37,050-00

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As stated above and in view of the increase in the notional

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income, the Impugned Award is modified to read as follows:

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Sl.No.	Particulars	Amount (Rs.)
01.	Pain and sufferings	50,000-00
02.	Medical expenses	85,450-00
03.	Incidental charges, food, nourishment	25,000-00
04.	Loss of income during the laid up period (Rs.9,000x 3 months)	27,000-00
05.	Loss of future income due to disability Rs.9,000x12x13x10%	1,40,400-00
06.	Future medical expenses	25,000-00
07.	Loss of amenities	40,000-00
	Total	3,92,850-00

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In view of the consensus between the parties, the compensation is enhanced in a sum of Rs.55,800/- to be paid by the respondent No.1/Insurance Company from the date of filing a claim petition.

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5 -

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NC: 2026:KHC:3424 MFA No. 2001 of 2020

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HC-KAR

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Accordingly, this Court proceeds to pass the following directions:

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ORDER

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i) The appeal is disposed of.

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ii) The Impugned Award dated 22.06.2018 in MVC No.52/2016 passed by the II Additional Senior Civil Judge and MACT, Hassan, is modified and the appellant/petitioner is entitled to a compensation of Rs.55,800/- along with 6% interest per annum, from the date of claim petition till the date of deposit, in addition to the compensation of Rs.3,37,050/- awarded by the Tribunal.

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(iii) The respondent No.1/Insurance Company shall deposit the enhanced compensation with interest at 6% p.a. within a period of six weeks from the date of receipt of the judgment.

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(iv) The appellant/petitioner shall not be awarded interest for the delayed period of 491 days in preferring this appeal, in terms of the order passed by this Court earlier today.

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(v) The remaining portion of the Impugned Award of the Tribunal is undisturbed.

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(vi) The Registry is directed to draw the modified Award accordingly.

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