Shivashankara H.N. Vs Afnan Sharief

SHIVASHANKARA H.N. AGED ABOUT 60 YEARS, S/O NARASIMHABHATTA, R/O CHOULTRY STREET, OPPOSITE TO VISHWABHARATHI SCHOOL, KADUR TOWN, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548.

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…APPELLANT

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(BY SRI. PRAKASHA H.C., ADVOCATE)

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AND:

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AFNAN SHARIEF

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

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S/O ASLAM PASHA S.M., AGED 31 YEARS, R/O SIDDARAMANAHALLI VILLAGE, KADUR TALUK - 577 548. (RIDER OF THE HERO SPLENDOR)

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ZIYAULLA A.S. S/O AHAMED JAN, AGED ABOUT 27 YEARS, R/O ARASUMAKKALA BEEDHI, KOTE, KADUR TOWN, KADUR TALUK - 577 548. (R.C. OWNER OF THE HERO SPLENDOR)

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HC-KAR

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NC: 2026:KHC:37789 MFA No. 3159 of 2023

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CNR: KAHC010240772023

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TATA AIG GENERAL INSURANCE CO. LTD. PENINSULA BUSINESS PARK, TOWER A, 15^TH FLOOR, G.K. MARG, LOWER PAREL, MUMBAI - 400 013, MAHARASTRA STATE. (INSURER OF THE HERO SPLENDOR)

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R3;

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VIDE ORDER DATED 22.07.2026 NOTICE TO R1 AND R2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2022 PASSED IN MVC NO. 65/2021 ON THE FILE OF THE MACT AND SENIOR CIVIL JUDGE, KADUR, CHIKKAMAGALURU DISTRICT, 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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking

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enhancement of compensation awarded in the Judgment and Award dated 01.10.2022 passed in MVC No.65/2021

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3 - NC: 2026:KHC:37789 MFA No. 3159 of 2023

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HC-KAR

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CNR: KAHC010240772023

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by Senior Civil Judge and MACT, Kadur, Chikkamagaluru District.

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Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.3/insurer, the matter is taken up for disposal.

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The appellant/claimant made a claim petition

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seeking for award of compensation for the injury sustained

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by him in a road traffic accident occurred on 12.05.2019 contending that the accident occurred due to rash and negligent driving by the rider of Hero Splendor motorcycle bearing registration No.KA-66/H-9493.

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The Tribunal recorded the evidence adduced by 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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HC-KAR

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NC: 2026:KHC:37789 MFA No. 3159 of 2023

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CNR: KAHC010240772023

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Sl.	Particulars			Amount
No.
1.	Pain and suffering		Rs.	50,000/-
2.	Medical expenses		Rs.	65,850/-
3.	Incidental expenses		Rs.	10,000/-
4.	Loss of income treatment period	during	Rs.	56,000/-
5.	Future loss of (disability)	income	Rs.	3,78,000/-
6.	Conveyance		Rs.	11,700/-
7.	Loss of amenities		Rs.	30,000/-
	Total		Rs.	6,01,550/-

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The Tribunal has also awarded the interest at

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the rate of 7% per annum from the date of petition till realisation and directed respondent No.3/insurer to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation.

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Heard the learned counsel for appellant and

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learned counsel for respondent No.3/insurer.

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Learned counsel for the appellant would contend that the claimant has sustained injury to his head and there is a memory deficit imbalance, memory lapses,

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HC-KAR

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NC: 2026:KHC:37789 MFA No. 3159 of 2023

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CNR: KAHC010240772023

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lack of concentration, lack of proper hearing in both ears and Doctor has stated that he has 25% neuro psychological disability which is permanent disability. He further contended that, the claimant had been admitted in the hospital for three (03) days. The compensation awarded for pain and suffering, loss of amenities and loss of income during laid up period requires to be enhanced. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.3/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard both the learned counsel for appellant and learned counsel for respondent No.3/insurer, the Court has perused the Judgment, Award and Ex.P5 - Wound Certificate. Copy of the Wound Certificate is made available by learned counsel for the appellant.

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HC-KAR

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NC: 2026:KHC:37789 MFA No. 3159 of 2023

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CNR: KAHC010240772023

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As per Ex.P5 - Wound Certificate, the claimant has sustained the following injuries:

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(i) H ematoma over right occipital region.

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(ii) Small abrasion over right occipital region.

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The Doctor has opined after the CT scan that

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the head injury with fracture occipital bone with early post-traumatic seizure and the injuries (i) and (ii) are grievous in nature. C.W.1 is a Doctor who has assessed the disability of the claimant and stated that the claimant has got injury in his skull bone on the back side and he had memory deficit imbalance, memory lapses, lack of concentration and lack of proper hearing in both ears and he has 25% neuro psychological disability, which is permanent disability. The claimant has been admitted in hospital for three (03) days. Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.50,000/requires to be enhanced to Rs.1,00,000/-, loss of

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7 - NC: 2026:KHC:37789 MFA No. 3159 of 2023

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HC-KAR

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CNR: KAHC010240772023

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amenities in a sum of Rs.30,000/- requires to be enhanced to Rs.60,000/-. The claimant has sustained injuries and has to take rest at least for five (05) months and therefore loss of income during laid up period requires to be awarded for five (05) months instead of four (04) months awarded by the Tribunal. The Tribunal has rightly awarded medical expenses, incidental charges, loss of future income and conveyance charges.

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12. Considering all the above aspects, the claimant

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is entitled to total compensation under various heads as under:

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Sl.	Compensation Heads		Amount
No.
1.	Pain and suffering	Rs.	1,00,000/-
2.	Medical expenses	Rs.	65,850/-
3.	Incidental expenses	Rs.	10,000/-
4.	Loss of income during laid up period	Rs.	70,000/-
5.	Loss of future income	Rs.	3,78,000/-
6.	Conveyance	Rs.	11,700/-
7.	Loss of amenities	Rs.	60,000/-
	Total	Rs.	6,95,550/-

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8 - NC: 2026:KHC:37789 MFA No. 3159 of 2023

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HC-KAR

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CNR: KAHC010240772023

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The claimant is entitled to total compensation of

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Rs.6,95,550/- as against Rs.6,01,550/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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Consequently, the claimant is entitled to

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enhanced compensation of Rs.94,000/- (6,95,550 - 6,01,550) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.3/insurer is liable to pay

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enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The appellant/claimant is entitled to enhanced compensation of Rs.94,000/with interest at the rate of 6% per annum from the date of petition till realisation.

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HC-KAR

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NC: 2026:KHC:37789 MFA No. 3159 of 2023

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CNR: KAHC010240772023

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iii) Respondent No.3/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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iv) The appellant/claimant is entitled to release of entire enhanced compensation.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 1

Shivashankara H.N. v. Afnan Sharief

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Shivashankara H.N. v. Afnan Sharief

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