K K Nagaraj Vs Manjunath S N

K. K. NAGARAJ AGED ABOUT 51 YEARS, S/O KANNEGOWDA, K.P.T.C.L 9KEB) JEEP DRIVER, R/O QUARTERS NO.79, M.R.S QUARTERS, SHIVAMOGGA CITY, TALUK AND DISTRICT-577201

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…APPELLANT

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(BY SRI. KAILAS SHANKAR P S., ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B

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Location: High Court of Karnataka

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MANJUNATH S N

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S/O LATE D NAGAPPA, AGE MAJOR, KURUBA COMMUNITY AGRICULTURIST, R/O ANUPINAKATTE, PURADAL POST, SHIVAMOGGA TALUK-577204

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NAGARAJ S/O MANJAPPA, AGE 29 YEARS, KURUBA COMMUNITY, R/I GOVINDAPURA VILLAGE,

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2 -

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NC: 2026:KHC:18342 MFA No. 2472 of 2019

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HC-KAR

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PURDAL POST,

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SHIVAMOGGA TALUK-577204

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THE H.D.F.C.E.R.G.O INSURANCE COMPANY LTD SHIVAMOGGA CITY-577201

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…RESPONDENTS

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(BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R3. NOTICE TO R1 AND R2 IS DISPENSED WITH VIDE ORDER DATED 24.04.2024)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/10/2018, PASSED IN MVC NO.390/2015, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured claimant challenging the judgment and award dated 01.10.2018 passed in M.V.C.No.390/2015 by the 1^ST Additional Senior

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3 - NC: 2026:KHC:18342 MFA No. 2472 of 2019

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HC-KAR

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Civil Judge & C.J.M., & Additional Motor Accident Claim Tribunal-VII, Shivamogga (for short, ‘Tribunal’).

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Heard Sri Kailas Shankar P.S., learned counsel appearing for the appellant and Sri. D. Vijaya Kumar, learned counsel appearing for respondent No.3 and perused the records.

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The injured appellant has filed this appeal seeking higher compensation. The appellant met with a road accident on 18.03.2015, and he was provided treatment at Nanjappa Hospital at Shivamogga and thereafter KMC Hospital at Manipal.

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In order to establish the claim, the claimant/appellant examined himself as PW1, and got marked Ex.P.1 to Ex.P.38. Dr. Amarnath Rai B. K. was examined as CW1. Exhibits C1 to C3 were marked and Respondent did not adduce any evidence. The Tribunal assessed the evidence and awarded Rs. 90,000/- as a

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4 - NC: 2026:KHC:18342 MFA No. 2472 of 2019

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HC-KAR

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total compensation with interest at the rate of 6%./- per annum.

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The perusal of the oral evidence of CW1,

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disability certificate at Ex-P38 and discharge summary at Ex-P25, it indicates that the appellant/claimant sustained following fractures:

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"closed right humerus shaft, left scapula body fracture, C2 vertebral body fracture, left 4^th metatarsal base fracture, right 3^rd to 6^th and left 1^st to 8^th ribs fracture and hypertension. He underwent ORIF of right humerus fracture on 233-2015"

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The records indicate that doctor has assessed

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the disability at 34% to a particular limb and the claimant was inpatient for a period of 26 days and undergone surgery. Records further indicate that the medical bills produced by the appellant/claimant were reimbursed by his employee. The tribunal has not awarded any compensation under the head of loss of future income due

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5 - NC: 2026:KHC:18342 MFA No. 2472 of 2019

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HC-KAR

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to disability as the appellant continued with his

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employment and there is no loss of income.

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Taking note of the injury suffered, treatment provided and keeping in mind that the tribunal has not awarded any compensation under the head of loss of amenities of life, I am of the considered view that, the compensation awarded by the tribunal is on the lower side and requires to be enhanced appropriately by awarding Rs. 75,000/- as additional compensation. The enhanced compensation carries the interest at the rate of 6% per annum from the date of petition till realization of the amount.

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In the result, this Court proceeds to pass the

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following:

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ORDER

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i) Appeal is allowed in part .

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ii) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to

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6 - NC: 2026:KHC:18342 MFA No. 2472 of 2019

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HC-KAR

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enhanced compensation of 75,000/- in addition to Rs.90,000/-, what has been awarded by the Tribunal.

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iii) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.

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iv) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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v) The entire compensation amount shall be released in favour of the appellant-claimant.

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vi) Draw modified award accordingly.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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HR

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List No.: 1 Sl No.: 2

K K Nagaraj v. Manjunath S N

Case brief

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K K Nagaraj v. Manjunath S N

Case brief

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