Smt.Poornima G Vs Sri.Shivaraju R

SRI. SHIVARAJU R S/O RANGAIAH, AGE MAJOR, R/AT NO. 42 NEW NO. 828, SRINIVAS REDDY LAYOUT, AVALAHALLI, ANJANAPURA POST, JPN NAGARA, BENGALURU - 560 062. (OWNER OF BEARING REG NO. KA 05-Z-1198)

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THE MANAGER, UNITED INDIA INSURANCE CO., 6th FLOOR, KRUSHI BHAVAN, NRUPATUNGA ROAD, BENGALURU - 560 001. (POLICY NO. 0716003119P103732102 VALID FROM 20.06.2019 TO 19.06.2020)

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…RESPONDENTS

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(BY SRI M.ARUN PONNAPPA, ADV. FOR R-2; NOTICE TO R1 IS DISPENSED WITH)

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2 -

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NC: 2026:KHC:26855 MFA No. 2970 of 2022

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2021 PASSED IN MVC NO.397/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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:

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of

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Rs.5,40,635/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact

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that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded

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the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
a.	Towards injury pain and sufferings	50,000/-
b.	Towards Medical expenses	1,31,435/-
c.	Towards food and extra nourishment and medical attendant	5,600/-
d.	Towards conveyance	10,000/-

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HC-KAR

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e.	Towards Loss of income during treatment	28,000/-
f.	Towards loss of future earning capacity	2,85,600/-
g.	Deprivation of future amenities	10,000/-
h.	Towards future medical expenses	20,000/-
	Total	5,40,635/-

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The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 18% to the whole body, which is found to be just and appropriate.

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I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has suffered fracture of right femur and underwent closed reduction and internal fixation with IMIL nailing and discharged to take regular follow up treatment.

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The Tribunal has determined the monthly income, notionally at Rs.14,000/- which is found to be just and appropriate.

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HC-KAR

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As the claimant was aged 27 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,14,080/- (Rs.14,000/x12x17x18%=Rs.5,14,080/-) towards 'loss of future earning capacity’.

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As a consequence, the amount of Rs.28,000/- awarded by the Tribunal towards 'loss of income during treatment' would also stand enhanced to Rs.42,000 (Rs.14,000/-X 3 months=Rs.42,000/-).

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.20,000/- towards ‘future amenities’, as against the sum of Rs.10,000/- awarded by the Tribunal.

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Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to ‘food and extra nourishment and medical attendant’ at Rs.15,000/- as against the sum of Rs.5,600/- awarded by the Tribunal.

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Having regard to the injuries suffered by the claimant, the claimant may require further treatment in the future,

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HC-KAR

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hence, he would be entitled to a sum of Rs.40,000/- towards 'future medical expenses’ as against Rs.20,000/- awarded by the Tribunal.

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The sums awarded under other heads of compensation

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granted by the Tribunal, remain unaltered.

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Consequently, the award of the Tribunal is modified and

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the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
a.	Towards injury pain and sufferings	50,000/-	50,000/-
b.	Towards Medical expenses	1,31,435/-	1,31,435/-
c.	Towards food and extra nourishment and medical attendant	5,600/-	15,000/-
d.	Towards conveyance	10,000/-	10,000
e.	Towards Loss of income during treatment	28,000/-	42,000/-
f.	Towards loss of future earning capacity	2,85,600/-	5,14,080/-
g.	Future amenities	10,000/-	20,000/-

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HC-KAR

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h.	Towards future medical expenses	20,000/-	40,000/-
	TOTAL	5,40,635/-	8,22,515

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Thus, the claimant is held entitled to the total compensation of Rs.8,22,515/- as against Rs.5,40,635/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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15. The respondents are directed to deposit the amount of

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compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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The appeal is accordingly allowed in part .

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Sd/-

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(RAJESH RAI K) JUDGE

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PB