Sri. v. L. Siddaiah Vs Sri. Gangaraju. M. B

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2024 PASSED IN MVC NO.119/2021 ON THE FILE OF THE PRL SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT, RAMANAGARA, 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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 04.01.2024 passed in MVC No.119/2021 on the file of the Principal Senior Civil Judge & CJM, Additional MACT, Ramanagara, for enhancing the compensation.

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3 - NC: 2026:KHC:15205 MFA No. 3168 of 2024

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HC-KAR

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Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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The petitioner/injured claimant met with an accident on 02.03.2021 and filed petition before the Tribunal for compensation of Rs.75,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,11,800/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the amounts granted under the other heads are meagre. Therefore, requested for enhancement of the compensation.

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Though it is stated that the petitioner/injured was earning Rs.50,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, the Tribunal has rightly considered his notional income at Rs.15,000/- per month. The petitioner/injured was aged 67

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NC: 2026:KHC:15205 MFA No. 3168 of 2024

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HC-KAR

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years and the multiplier is ‘5’. He sustained the following injuries:

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1. Malunion of fracture of right tibia with implants in situ;

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2. Shortening of right lower limb by 3 cms

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3. Restriction of right knee movements;

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4. Difficulty in walking over irregular surfaces,

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5. Difficulty in walking over irregular surfaces, climbing stairs, squatting.

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As per the disability certificate issued by PW.2, the disability has been assessed at 21%. The Tribunal has rightly considered the said disability and awarded a sum of Rs.1,89,000/- towards loss of future earning capacity and the same is not in dispute. The Tribunal has also awarded a sum of Rs.4,97,785/- towards medical expenses and the said amount is confirmed. As per the discharge summaries, the petitioner was hospitalized for more than 30 days. It is a case of malunion of fracture and shortening of the right lower limb by 3 cm. Considering the period of hospitalization, nature of injuries and other relevant factors, this Court finds it reasonable to award a sum of Rs.60,000/- towards pain and suffering,

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HC-KAR

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Rs.30,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended to any other work at least for a period of four months. Therefore, a sum of Rs.60,000/- (Rs.15,000 x 4) is awarded under the head loss of income during the laid-up period.

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Thus in all, compensation awarded by this Court is

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as below:

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Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	60,000/-
2	Towards medical expenses	4,97,785/-
3	Towards loss of amenities	30,000/-
4	Towards transportation, extra nourishment and attendant charges	40,000/-
5	Towards loss of income during laid up period	60,000/-
6.	Towards loss of future earning capacity	1,89,000/-
	Total	8,76,785/-

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NC: 2026:KHC:15205 MFA No. 3168 of 2024

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HC-KAR

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Hence, the appellant-claimant is entitled for a total

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compensation of Rs.8,76,785/- 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 dated 04.01.2024 passed in MVC No.119/2021 on the file of the Principal Senior Civil Judge & CJM, Additional MACT, Ramanagara, is modified.

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iii. The claimant is entitled to a sum of Rs.8,76,785/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,11,800/- granted by the Tribunal.

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iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.64,985/-

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