Sri H Narasimharaju @ Narasimhamurthy Vs Sri Rajesh

SRI. H. NARASIMHARAJU @ NARASIMHAMURTHY S/O LATE HANUMANTHAPPA, AGED ABOUT 50 YEARS, R/AT NEW EXTENSION, BARAGURU VILLAGE, HULIKUNTE HOBLI, SIRA TALUK, TUMAKUR DISTRICT - 572 113.

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…APPELLANT

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(BY SRI. SIDDARAMAIAH V.B., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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SRI. RAJESH S/O HANUMANTHARAYAPPA, AGED ABOUT 27 YEARS, R/AT CHIRATHAHALLI VILLAGE, HULIKUNTE HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 113.

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THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., NO.25/1, 2^ND FLOOR, BUILDING NO.1, SHANKARANARAYANA BUILDING NO.1, M.G. ROAD, BENGALURU - 560 001.

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2 - NC: 2026:KHC:37136 MFA No. 2996 of 2026

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HC-KAR

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CNR: KAHC010305072026

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SRI. AFTAB ULLA KHAN S/O AZMATH ULLA KHAN, AGED ABOUT 29 YEARS, R/AT 8^TH CROSS, P.H. COLONY, NEAR BOMBAY BUILDING, TUMAKURU CITY - 572 101.

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SRI. PRAKASH K. S/O HANUMANTHARAYAPPA, AGE NOT KNOWN TO PETITIONER, R/AT NO.255, 4^TH WARD, HUCHESHWARA NAGAR, SIRIGERE POST, SIRIGUPPA TALUK, BALLARY DISTRICT - 583 101.

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…RESPONDENTS

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(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 20.07.2026 NOTICE TO R1, R3 AND R4 IS DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02/03/2026 PASSED IN MVC

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NO.1281/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENTS CLAIMS TRIBUNAL AT SIRA, 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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3 - NC: 2026:KHC:37136 MFA No. 2996 of 2026

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HC-KAR

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CNR: KAHC010305072026

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 02.03.2026 passed in MVC No.1281/2021 by Principal Senior Civil Judge & JMFC and Member, MACT, Sira.

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Even though the matter is listed today for order/admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

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The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 01.08.2021 contending that the accident occurred due to rash and negligent driving by the driver of Ashoka Leyland Dosta Mini Goods vehicle bearing registration No.KA-37-A-9697.

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4 - NC: 2026:KHC:37136 MFA No. 2996 of 2026

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HC-KAR

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CNR: KAHC010305072026

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The Tribunal recorded the evidence adduced by

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the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

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Sl.	Particulars		Amount
No.
1.	Loss of Earnings/Future earnings on account of disability	Rs.	2,70,000/-
2.	Loss of Earnings during treatment (laid up period)	Rs.	30,000/-
3.	Damages for pain, suffering and Trauma as a consequence of this injuries	Rs.	1,00,000/-
4.	Loss of Amenities	Rs.	1,00,000/-
5.	Transportation, Nourishment, Attendant and Miscellaneous Expenditure	Rs.	35,000/-
	Total	Rs.	5,35,000/-

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The Tribunal has also awarded the interest at

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the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay

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the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation.

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HC-KAR

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NC: 2026:KHC:37136 MFA No. 2996 of 2026

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5 -

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CNR: KAHC010305072026

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Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

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Learned counsel for the appellant would contend that, the Tribunal has rightly awarded the compensation under all heads. But the Tribunal has not awarded future medical expenses. P.W.3 - Doctor has stated that the claimant has to undergo surgery for removal of implant. Considering the said aspect, the claimant is entitled to award of future medical expenses. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.2/insurer would contend that, no materials are placed on record even after five (05) years of accident that the claimant has undergone surgery for removal of implant. With these, he prayed for dismissal of the appeal.

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