K S Rajesh Vs Sri Ramakrishna

The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 23.10.2021 contending that the accident occurred due to rash and negligent driving by the driver of Mahindra Jeeto bearing registration No.KA-70-0465.

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The Tribunal recorded the evidence. The Tribunal after appreciating the evidence, assessed the

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2 - MFA NO. 3345/2025 (MV - I - CA)

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compensation and awarded the compensation under

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different heads as under:

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1.	Attendant charges, extra nutritious food and conveyance charges	Rs.	60,000-00
2.	Pain and sufferings	Rs.	50,000-00
3.	Loss of income during laid up period	Rs.	45,000-00
4.	Medical expenses	Rs.	1,25,000-00
5.	Loss of future income due to disability	Rs.	2,17,800-00
6.	Loss of future amenities and happiness	Rs.	20,000-00
	Total	Rs.	5,17,800-00

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4. 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 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 learned counsel for respondent No.2 - insurer.

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Learned counsel for the appellant would

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contend that, the appellant was admitted in the hospital

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3 - MFA NO. 3345/2025 (MV - I - CA)

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for forty (40) days and considering the injuries noted in Ex.P6 -wound certificate and Ex.P9 - disability certificate and also he has taken rest for more than three months and therefore, loss of income during laid-up period is on lower side. He further submits that, the disability certificate - Ex.P9 that implants are fixed and for removal

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of the said implants, the claimant has to undergo operation and incurred expenses. The Tribunal has not awarded any 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, the compensation awarded by the Tribunal is just and property and there are no grounds for enhancement. With these, she prayed for dismissal of the appeal.

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Having heard the learned counsels appearing for the parties, the Court has perused the judgment, award and trial Court records.

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4 - MFA NO. 3345/2025 (MV - I - CA)

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C.W.1 is the Doctor who has issued Ex.P9 - disability certificate. As per the said disability certificate, the implants are fixed. The claimant has to undergo surgery for removal of the implants. Considering the said aspect, the claimant is entitled to future medical expenses in a sum of Rs.30,000/-.

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The claimant has been admitted in the hospital for forty (40) days, the claimant has sustained fracture and dislocation of right hip joint. Ex.P6 is the wound certificate and the Tribunal has assessed the disability to the whole body at 11%. As the claimant is admitted in the hospital for forty (40) days, considering the said aspect, the claimant is requires to be enhanced loss of income during laid-up period for atleast four months in a sum of Rs.60,000/- (15,000 X 4) as against Rs.45,000/- awarded by the Tribunal.

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Considering all the above aspects, the claimant is entitled to total enhanced compensation of Rs.45,000/with interest at the rate of 6% per annum from the date of petition till realisation.

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5 - MFA NO. 3345/2025 (MV - I - CA)

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12. 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 claimant is entitled to enhanced compensation of Rs.45,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2 - 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 claimant is entitled to release of entire enhanced compensation amount.

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 60

K S Rajesh v. Sri Ramakrishna

Case brief

What is this about?

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K S Rajesh v. Sri Ramakrishna

Case brief

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