M S Kiran Vs Naveen R

MAJOR, S/O RANGASWAMY NO.8, GROUND FLOOR, NAGARAHOLE,NAGARA HIROHALLI, SUNKADAKATTE,BENGALURU - 560 091 PRESENTLY RESIDING AT B. KATIHALLI, KASABA HOBLI,HASSAN TALUK - 573 201.

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MANAGER SBI GENERAL INSURANCE CO. LTD., RUKMINI PLAZA, IA SRIRAMPURA MAIN ROAD, VIVEKANANDA CIRCLE, 80 FEET ROAD, MADHUVANA LAYOUT,SRIRAMPURA, MYSORE - 570 008.

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…RESPONDENTS

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(BY SRI. P.S. JAGADISH, ADVOCATE FOR R2;

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2 - NC: 2026:KHC:19170 MFA No. 3341 of 2024

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HC-KAR

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VIDE ORDER DTAED 27.02.2025, NOTICE TO R1 DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2021 PASSED IN MVC NO.887/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MACT-1, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is preferred by the appellant-claimant against the award dated 15.07.2021 passed in MVC No.887/2019 by the Court of Principal District & Sessions Judge and MACT, Hassan [for short 'Tribunal'] claiming enhancement of compensation.

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2 . The claimant Kiran met with an accident on 01.02.2019 and filed claim petition claiming compensation of Rs.25,00,000/- with interest at 18% p.a. towards injuries sustained by him. The Tribunal considering the evidence on record granted compensation of Rs.8,38,623/along with interest at 7% p.a. from the date of petition till the date of deposit. Aggrieved by the said order, this

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3 - NC: 2026:KHC:19170 MFA No. 3341 of 2024

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HC-KAR

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appeal is preferred in which he mainly contended that he

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was aged 26 years at the time of accident and is an agriculturist and also doing coolie work earning Rs.30,000/- per month and not produced the proof of income. However, the Tribunal has taken the income of the appellant at Rs.15,000/- p.m. Further, the appellant sustained the injuries and PW.2- doctor was examined and opined that injury nos.1 and 2 are simple injuries and the injury nos.3, 4, 5, 6 and 7 are grievous injuries and he assessed the disability to the right lower limb at 35.4% and the Tribunal by considering the evidence of PW.2, injuries sustained and medical records has assessed the functional disability at 12%. Further, as opined by the doctor, appellant would require one more surgery for bone union that may approximately cost Rs.60,000/- and also required skin grafting for his femur. However, the Tribunal has granted Rs.40,000/- towards future medical expenses which is on the lower side. Lastly, he contended that the compensation awarded under other

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4 - NC: 2026:KHC:19170 MFA No. 3341 of 2024

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HC-KAR

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heads are meager. Therefore, he requested for

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enhancement of compensation.

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On contrary, learned counsel for respondents justified the judgment and award passed by the Tribunal and prays for dismissal of the appeal.

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Heard the arguments advanced by the learned

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counsel for appellant and learned counsel for respondent No.2 -Insurance company.

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The appellant is an agriculturist and also doing coolie work by earning Rs.30,000/- per month, but he has not produced the income proof. As the petitioner met with an accident in the year 2019, his notional income is to be taken as ₹14,000/- per month as per the chart prepared by Karnataka State Legal Services Authority and the Tribunal has rightly taken the income of the appellant at Rs.15,000/- per month and this Court finds no reason to interfere. The appellant was aged 26 years. Therefore, the appropriate multiplier is '17'. The appellant was

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NC: 2026:KHC:19170 MFA No. 3341 of 2024

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HC-KAR

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hospitalized for a period of 15 days due to the injuries

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sustained by him which are as under:

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Abrasion over right eyebrow

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Laceration over right forearm

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Laceration wound over right leg measuring 20cm*5cm associated with tissue loss

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Pain, swelling over right chest associated with rib fractures

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Laceration over left knee and leg measuring 723 cms.

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pain, swelling over right scapular region due to fracture of acromion

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out of which injury Nos.1 and 2 are simple injuries and injury Nos.3,4,5 and 6 are grievous in nature and PW.2doctor has assessed the disability at 35.4% towards right lower limb and the Tribunal has rightly considered 1/3^rd of the same and it needs no interference. The Tribunal has rightly considered and assessed the amount of Rs.3,67,200/- under the head 'loss of future earning capacity' which is not in dispute and this Court finds no reason to interfere with the same.

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6 - NC: 2026:KHC:19170 MFA No. 3341 of 2024

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HC-KAR

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Considering the nature of injuries, his

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avocation, hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.40,000/- towards loss of amenities. Appellant is entitled for compensation amounting to Rs.60,000/towards future medical expenses considering the nature of injuries and follow up treatment to be undergone and the amount granted under other heads is confirmed.

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Thus in all, components awarded by this Court

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are as below,

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Particulars	Amount in Rs.
Loss of future earning	3,67,200.00
Medical expenses	2,55,423.00
Pain and suffering	75,000.00
Loss of amenities	40,000.00
Travelling expenses	5,000.00
Special diet, nourishment and attendant charges	36,000.00
Loss of income during laid up period	45,000.00
Future medical expenses	60,000.00
Total	8,83,623.00

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NC: 2026:KHC:19170 MFA No. 3341 of 2024

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HC-KAR

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Compensation is enhanced from Rs.8,38,623/-

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to ₹8,83,623/- and the enhanced compensation is ₹ 45,000/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal.

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In the result, the following order is passed:

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ORDER

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i. The appeal is allowed in part .

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ii. The judgment and award dated 15.07.2021 passed in MVC No.887/2019, by the Court of Principal District and Sessions Judge and MACT, Hassan, is modified;

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iii. Respondent No.2 is directed to deposit the enhanced compensation of Rs.45,000/- with interest at the rate of 6% per annum within one month from the date of this order on such deposit and

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