Kum.Usha a N Vs Sri. Linge Gowda. B

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NC: 2026:KHC:29139 MFA No. 2749 of 2017 C/W MFA No. 2750 of 2017 MFA No. 2751 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2749 OF 2017 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 2750 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2751 OF 2017 (MV-I)

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IN MFA No. 2749/2017:

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BETWEEN:

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SRI. NAGARAJA. A S/O LATE ASHWATHAPPA, AGED 42 YEARS, OCC: ELECTRICIAN R/AT NO.40, SAKKARA, DHARMAPURA, HIRIYUR TALUK CHITRADURGA DISTRICT

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PRESENT ADDRESS: LAKSHMI VENKATESWARA NILAYA, 1^ST FLOOR, 1^ST MAIN, 3^RD CROSS, HANUMANTHAPURA, TUMKUR DISRICT

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Digitally signed 3^RD CROSS, HANUMANTHAPURA, by PADMASHREE TUMKUR DISRICT SHEKHAR DESAI Location: High (BY SRI. SURESH M LATUR., ADVOCATE) Court of Karnataka AND:

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…APPELLANT

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SRI. LINGE GOWDA. B S/O LINGE GOWDA, R/AT NO.28, 5^TH CROSS, 33^RD MAIN, SARAKKI GARDEN, MUNESHWARA TEMPLE ROAD J.P.NAGAR, 6^TH PHASE, BENGALURU-78

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NC: 2026:KHC:29139 MFA No. 2749 of 2017 C/W MFA No. 2750 of 2017 MFA No. 2751 of 2017

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HC-KAR

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2. THE MANAGER

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TATA AIG GENERAL INSURANCE CO.LTD., 2^ND FLOOR, J.P AND DEVI JAMBU KESHWARA ARCADE, 69, MILLERS ROAD, BENGALURU-560 052.

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…RESPONDENTS

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(BY SRI. B PRADEEP., ADVOCATE FOR R2, V/O DTD:10.04.2018, NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.02.2017 PASSED IN MVC NO.4822/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BENGALURU, (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 2750/2017:

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BETWEEN:

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KUM. USHA A N S/O SRI. NAGARAJA A AGE 16 YEARS, OCC:STUDENT, SINCE MINOR REPTD BY HER FATHER AND NATURAL GUARDIAN SRI. NAGARAJA .A S/O LATE ASHWATHAPPA, AGED 42 YEARS, OCC: ELECTRICIAN R/AT NO.40, SAKKARA, DHARMAPURA, HIRIYUR TALUK CHITRADURGA DISTRICT

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PRESENT ADDRESS: LAKSHMI VENKATESWARA NILAYA, 1^ST FLOOR, 1^ST MAIN, 3^RD CROSS, HANUMANTHAPURA, TUMKUR DISRICT.

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...APPELLANT

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(BY SRI. SURESH M LATUR., ADVOCATE)

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NC: 2026:KHC:29139 MFA No. 2749 of 2017 C/W MFA No. 2750 of 2017 MFA No. 2751 of 2017

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HC-KAR

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AND:

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SRI. LINGE GOWDA. B S/O LINGE GOWDA, R/AT NO.28, 5^TH CROSS, 33^RD MAIN, SARAKKI GARDEN, MUNESHWARA TEMPLE ROAD J.P.NAGAR, 6^TH PHASE, BENGALURU-78.

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TATA AIG GENERAL INSURANCE CO.LTD., 2^ND FLOOR, J.P AND DEVI JAMBU KESHWARA ARCADE, 69, MILLERS ROAD, BENGALURU-560 052.

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...RESPONDENTS

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(BY SRI. RAVI S SAMPRATHI., ADVOCATE FOR R2, V/O DTD:10.04.2018, NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.02.2017 PASSED IN MVC NO.4824/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 2751/2017:

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BETWEEN:

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MASTER JEEVAN .A.N S/O SRI. NAGARAJA .A AGE 14 YEARS, OCC:STUDENT SINCE MINOR REPTD BY HIS FATHER AND NATURAL GUARDIAN SRI. NAGARAJA .A S/O LATE ASHWATHAPPA, AGED 42 YEARS, OCC: ELECTRICIAN R/AT NO.40, SAKKARA, DHARMAPURA, HIRIYUR TALUK CHITRADURGA DISTRICT

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NC: 2026:KHC:29139 MFA No. 2749 of 2017 C/W MFA No. 2750 of 2017 MFA No. 2751 of 2017

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HC-KAR

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PRESENT ADDRESS: LAKSHMI VENKATESWARA NILAYA, 1^ST FLOOR, 1^ST MAIN, 3^RD CROSS, HANUMANTHAPURA, TUMKUR DISRICT

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...APPELLANT

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(BY SRI. SURESH M LATUR., ADVOCATE)

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AND:

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SRI. LINGE GOWDA. B S/O LINGE GOWDA, R/AT NO.28, 5^TH CROSS, 33^RD MAIN, SARAKKI GARDEN, MUNESHWARA TEMPLE ROAD J.P.NAGAR, 6^TH PHASE, BENGALURU-78.

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TATA AIG GENERAL INSURANCE CO.LTD., 2^ND FLOOR, J.P AND DEVI JAMBU KESHWARA ARCADE, 69, MILLERS ROAD, BENGALURU-560 052

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...RESPONDENTS

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(BY SRI. RAVI S SAMPRATHI., ADVOCATE FOR R2, V/O DTD: 10.04.2018 NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.02.2017 PASSED IN MVC NO.4823/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BENGALURU,(SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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HC-KAR

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ORAL JUDGMENT

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A common order was passed by XIII Additional Small Cause Judge, Member, MACT, Bengaluru (hereinafter referred as Tribunal) in MVC Nos.4822, 4823 and 4824/2015 dated 14.02.2017.

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In MFA No.2749/2017:

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This appeal is filed by the appellant/claimant, Sri.Nagaraja A., under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award passed by XIII Additional Small Cause Judge, Member, MACT, Bengaluru in MVC No.4822/2015 dated 14.02.2017.

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3. The injured claimant met with an accident on 25.10.2015 and filed claim petition claiming compensation of Rs.20 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.6,57,500/along with interest at the rate of 8% p.a., from the date of petition till realisation.

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4. Aggrieved by the said award, he preferred an appeal and mainly contended that the Tribunal erred in

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HC-KAR

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holding that there is contributory negligence of 20% on

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the petitioner as it is a case of triple riding and the Tribunal granted meager amounts under the other heads, thus requested for enhancement of the compensation. The manner of accident shows that while the petitioner was riding a motor cycle along with petitioners in MVC No.4823/2015 and 4824/2015 as pillion riders and were near Changavara Sira road, near Sai Garden, Kaggaladu, at that time, a Car bearing Reg.No.KA-05/AD9895 came in rash and negligent manner and dashed against the petitioner’s motor cycle. In the result, all petitioners sustained grievous injuries. Learned counsel for the appellant relied upon a citation reported in 2014 ACJ 2550 in the case between Kiran Vs Sajjan Singh and others which reads as follows,

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“The mere position of the vehicles after accident, as shown in a scene mahazar, cannot give a substantial proof as to the rash and negligent driving on the part of one or the other. When two vehicles coming from opposite directions collide, the position of the vehicles and

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HC-KAR

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its direction, etc. depends on a number of factors like the speed of vehicles, intensity of collision, reason for collision, place at which one vehicle hit the other, etc. From the scene of the accident, one may suggest or presume the manner in which the accident was caused, but in the absence of any direct or corroborative evidence, no conclusion can be drawn as to whether there was negligence on the part of the driver. In absence of such direct or corroborative evidence, the Court cannot give any specific finding about negligence on the part of any individual.”

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5. Learned counsel for respondent contended that the tribunal rightly considered the fact that it was triple riding. Learned counsel of the appellant argued that there is no direct or corroborate evidence. As such, the contributory negligence fixed up by the Tribunal is not on proper appreciation of facts.

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6. Whereas, the counsel of the respondent stated that admittedly the rider was travelling along with two pillion riders and there was collision between two vehicles, that itself speaks that there was negligence on the part of the rider of the motorcycle. Considering the arguments of

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HC-KAR

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both counsels, this Court finds that the Tribunal rightly fixed the contributory negligence of 20% on the rider of the motorcycle and it needs no interference.

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7. Learned counsel for petitioners stated that he was

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aged 40 years and working as an Electrician and earning Rs.15,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2015, as per the chart prepared by the Karnataka State Legal Services Authority his notional income is taken as Rs.9,000/- per month. The Tribunal observed that he was aged 43 years as per the medical records. Therefore, this Court finds that it is just and reasonable to take multiplier as ‘14’. The petitioner filed Ex.P3/Wound Certificate and Ex.P8/Discharge Summary. He also examined doctor as PW5 and he stated that the petitioner sustained the following injuries,

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(1) Right leg both bone fracture Lacerated wound right lower thigh 20X5cm,

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(2) Medial Distal Thigh Raw area and

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HC-KAR

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(3) Right thigh collection (Abcess) with compratement syndrome

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Further, petitioner underwent for closed reduction external fixation with limb reconstruction system application skin graft for right leg on 26.10.2015 and debridement +SSG of medical thigh on 26.10.2015 and debridement + drainage on 01.11.2015. Further, the PW5 assessed the disability of the right lower limb as 55% and 28% to the whole body. This court finds that it is just and reasonable to take 1/3^rd of 55% i.e, 18% instead of 12% taken by the tribunal without any basis. So loss of future earning capacity comes to Rs.9000 x 12 x 14 x 18% = Rs.2,72,160/-. He was admitted to the hospital for a period of 35 days. Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, this court finds that it is just and reasonable to grant an amount of Rs.60,000/- for pain and suffering. Tribunal already granted Rs.30,000 /- for loss of amenities and he is entitled for Rs.30,000 /- towards transportation,

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HC-KAR

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extra nourishment and attendant charges. Tribunal granted an amount of Rs.3,95,000/- towards medical expenses and Rs.10,000 /towards future medical expenses and the same is confirmed. The petitioner might not have attended any other work at least for a period of 4 months due to the injuries sustained in the accident, so Rs.36,000/- is to be granted under the head loss of income during laid-up period.

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Thus in all, components awarded by this court are

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as below,

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Sl.Nos.	Particulars	Amount in Rs.
1	Loss of future earning capacity	2,72,160
2	Pain and suffering	60,000
3	Loss of amenities	30,000
4	Transportation, extra nourishment and attendant charges.	30,000
6	Future medical expenses	10,000
7	Loss of income during laid up period	36,000

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HC-KAR

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8	Medical expenses	3,95,000
	Total	8,33,160

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Hence, the compensation granted by tribunal is enhanced from Rs.6,57,500/- to Rs.8,33,160 /- 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.

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ii. The judgment and award passed by the XIII Additional Small Cause Judge, Member, MACT, Bengaluru in MVC No.4822/2015 dated 14.02.2017 , is modified.

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iii. The claimant is entitled to a sum of Rs.8,33,160/- 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. 6,57,500/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.1,75,660/- along with the interest at the rate of 6% within one month from the date of this order.

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v. As it is already observed that there is 20% contributory negligence on the part of the rider, Insurance Company is directed to deposit 80% of the compensation.

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

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HC-KAR

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In MFA No.2750/2017

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This appeal is filed by the appellant/claimant, Kum.Usha A.N., under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award passed by XIII Additional Small Cause Judge, Member, MACT, Bengaluru in MVC No.4824/2015 dated 14.02.2017.

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11. The petitioner was aged 14 years and met with an accident on 25.10.2015 and filed claim petition before the tribunal claiming compensation of Rs.10 lakhs. As she met with an accident in the year 2015, as per the chart prepared by Karnataka State Legal Services Authority, the notional income to be taken as Rs.9,000/per month and the relevant multiplier is to be taken is ‘15’ as per the citation in case of Reshma Kumari Vs Madan Mohan reported in (2013) 9 SCC 65 As the petitioner was minor, her father, PW1 filed this claim petition as a natural guardian and filed Ex.P24/wound certificate and Ex.P25/discharge summary. Petitioner filed case sheets,

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HC-KAR

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wound certificate and also discharge summaries and petitioner sustained ‘ Supra Condylar fracture and Intercondylar fracture’ which are grievous in nature. The petitioner took treatment as an inpatient for 9 days. P.W.5 has assessed disability to right lower limb of 37% and 19% to the whole body and the tribunal considered whole body disability as 10%. This court finds it is reasonable to consider 1/3^rd of 37% i.e., 12% whole body disability. Therefore, the loss of future earning capacity comes to Rs.9,000 x 12 x 15 x 12% = Rs.1,94,400 /-. She was admitted in the hospital for a period of 9 days. Considering his age, nature of injury sustained by her and period of hospitalisation, this Court finds that it is just and reasonable to grant an amount of Rs.40,000 /- towards pain and suffering. Tribunal already granted Rs.20,000/- for loss of amenities and the same is confirmed. Petitioner is entitled for Rs.30,000/- towards transportation, extra nourishment and attendant charges. The Tribunal already granted Rs.1,12,000/- towards medical expenses,

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HC-KAR

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Rs.18,000 /- towards loss of parental income for a period

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of 2 months and Rs.10,000 /- towards future medical expenses and also Rs.25,000/- towards loss of marriage prospects. As the contributory negligence of 20% is fixed upon the owner, Insurance Company is directed to deposit

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80% of compensation.

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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	1,94,400
2	Pain and suffering	40,000
3	Loss of amenities	20,000
4	Transportation, extra nourishment and attendant charges.	30,000
5	Future medical expenses	10,000
6	Loss of parental income	18,000
7	Loss of marriage prospects	25,000
8	Medical bills	1,12,000
	Total	4,49,400

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HC-KAR

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Hence, the compensation granted by tribunal is enhanced from Rs.3,21,000/- to Rs. 4,49,400 /- 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.

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ii. The judgment and award passed by the XIII Additional Small Cause Judge, Member, MACT, Bengaluru in MVC No.4824/2015 dated 14.02.2017 , is modified.

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iii. The claimant is entitled to a sum of Rs.4,49,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,21,000/granted by the tribunal.

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iv. Respondent/Insurance Company has

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already deposited the awarded amount before the tribunal. As the Insurance Company is liable to deposit 80% of compensation, it is directed to deposit the balance amount along with the interest at the rate of 6% within one month from the

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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.2751/2017

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This appeal is filed by the appellant/claimant, Master Jeevan A.N., under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award

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HC-KAR

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passed by XIII Additional Small Cause Judge, Member, MACT, Bengaluru in MVC No.4823/2015 dated 14.02.2017.

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The petitioner was aged 12 years and met with an accident on 25.10.2015 and filed claim petition claiming compensation of Rs.10 lakhs. The Tribunal considered the entire evidence on record and granted an amount of Rs.2,78,500/- with interest at the rate of 8% p.a., from the date of petition till realization

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16. Aggrieved by the said order, her father as a natural guardian filed appeal and mainly contended that Tribunal fixed 20% contributory negligence on the part of the petitione r based on Ex.P2 and P4. The Tribunal granted meager amounts under the other heads, therefore requested for enhancement of the compensation. As petitioner was pillion rider, no contributory negligence can be fixed upon the petitioner. As he met with an accident in the year 2015, this court finds that it is just and reasonable to take notional income as Rs.9000/- per month relying upon citation in case of Reshma Kumari

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HC-KAR

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Vs Madan Mohan reported in (2013) 9 SCC 65 and the relevant multiplier is to be taken as 15. Ex.P15/wound certificate, Ex.P17/Discharge Summary and as per the same the petitioner sustained Supra Condylar fracture right femur and fracture of both bones right leg injuries, which are grievous in nature. A witness by name Chennakeshava was examined as PW-3 and he produced case sheets at Ex.P.39. He was admitted in the hospital as an inpatient for 4 days and underwent surgery. PW5 assessed the right lower limb disability as 30% and 15% to the whole body. The Tribunal already had considered 10% disability. This court finds no reason to interfere with the same. Hence, loss of future earning capacity comes to Rs.9,000 x 12 x 15 x 10% = Rs.1,62,000/-. Considering the age, nature of injuries sustained and period of hospitalisation, this Court finds that it is just and reasonable to grant an amount of Rs.40,000 /- towards pain and suffering. Tribunal already granted Rs.20,000/- for loss of amenities and the same is confirmed. Petitioner

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is entitled of Rs.30,000/- towards transportation, extra nourishment and attendant charges. The Tribunal already granted Rs.94,500/- towards medical expenses, Rs.18,000 /- towards loss of parental income for a period of 2 months and Rs.10,000 /- towards future medical expenses and the same 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	1,62,000
2	Pain and suffering	40,000
3	Loss of amenities	20,000
4	Transportation, extra nourishment and attendant charges.	30,000
6	Future medical expenses	10,000
7	Loss of parental income	18,000
9	Medical bills	94,500
	Total	3,74,500

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HC-KAR

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Hence, the compensation granted by tribunal is enhanced from Rs.2,78,000/- to Rs.3,74,500 /- 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.

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ii. The judgment and award passed by the XIII Additional Small Cause Judge, Member, MACT, Bengaluru in MVC No.4823/2015 dated 14.02.2017, is modified.

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iii. The claimant is entitled to a sum of Rs.3,74,500/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 2,78,000/granted by the tribunal.

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HC-KAR

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vi. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. As the Insurance Company is liable to deposit 80% of compensation, it is directed to deposit the balance amount along with the interest at the rate of 6% within one month from the date of this order.

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iv. 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.: 73

Kum.Usha a N v. Sri. Linge Gowda. B

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Kum.Usha a N v. Sri. Linge Gowda. B

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