Sri K J Madhu Vs District Surgeon

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2019 PASSED IN MVC NO.1108/2017 ON THE FILE OF THE II ADDITIONAL SENIOR

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NC: 2026:KHC:28706 MFA No. 3074 of 2021

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HC-KAR

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CIVIL JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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 Rs.2,79,337/- 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 with 2^nd respondent is not in dispute.

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	45,000
2.	Loss of future income	34,680
3.	Medical expenses	1,02, 657
4.	Future medical expenses	25,000
5.	Loss of income during the laid up period	17,000

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3 - NC: 2026:KHC:28706 MFA No. 3074 of 2021

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HC-KAR

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6.	Conveyance, food, nourishment, attendant charges	25,000
7.	Loss of amenities in life	30,000
	Total	2,79,337

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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 2% to the whole body.

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I have perused the evidence of the Doctor - PW.2 and the wound certificate - Ex.P6. The same depicts that the claimant has suffered 5.57% disability to the right upper limb. As such, in my view, it would be just and appropriate, to assess the whole body disability at 3%. Accordingly, the disability suffered by the claimant would be at 3%.

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The Tribunal has determined the monthly income, notionally at Rs.8,500/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-.

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4 - NC: 2026:KHC:28706 MFA No. 3074 of 2021

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HC-KAR

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As the claimant was aged 28 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.58,140/- (Rs.9,500 x 12 x 17 x 3%) towards 'loss of future income' as against Rs.34,680/- awarded by the Tribunal .

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In view of the nature of injuries suffered by the claimant, I deem it just and appropriate to treat the laid up period as 3 months. As a consequence, the amount of Rs.17,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.28,500/- (Rs.9,500 X 3 months).

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Having regard to the nature of the injuries suffered by the claimant and its lasting effect on the claimant, I deem it just and appropriate to award a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.45,000/- and Rs.50,000/- towards 'loss of amenities' as against Rs.30,000/- awarded by the Tribunal.

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The sum of Rs.1,02,657/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is just and proper. The sums of Rs.25,000/-

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5 - NC: 2026:KHC:28706 MFA No. 3074 of 2021

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HC-KAR

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awarded towards conveyance and incidental charges and Rs.25,000/- towards future medical expenses, in my view, are just and proper.

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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.)
1.	Pain and sufferings	45,000	60,000
2.	Loss of future income	34,680	58,140
3.	Medical expenses	1,02,657	1,02,657
4.	Future medical expenses	25,000	25,000
5.	Loss of income during the laid up period	17,000	28,500
6.	Conveyance, food, nourishment, attendant charges	25,000	25,000
7.	Loss of amenities in life	30,000	50,000
	Total	2,79,337	3,49,297

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NC: 2026:KHC:28706 MFA No. 3074 of 2021

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HC-KAR

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Thus, the claimant is held entitled to the total compensation of Rs.3,49,297/- as against Rs.2,79,337/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The 2^nd respondent is directed to deposit the amount of 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/(RAJESH RAI K) JUDGE

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PKS List No.: 1 Sl No.: 15

Sri K J Madhu v. District Surgeon

Case brief

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Sri K J Madhu v. District Surgeon

Case brief

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