Mr Jayaram Sahani Vs M/S United India Insurance Com., Ltd.

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2021 PASSED IN MVC NO. 674/2019 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT(SCCH-26), BENGALURU, 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 RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.3,65,000/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured 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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3 - NC: 2026:KHC:34772 MFA No. 3700 of 2021

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HC-KAR

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	50,000
2.	Medical Expenses	36,511
3.	Food, nourishment, Conveyance and Attendant charges	50,000
4.	Loss of income during the period of treatment	60,000
5.	Loss of future earnings	88,399.09
6.	Loss of amenities of life due to disability	50,000
7.	Future Medical Expenses	30,000
	Total	3,64,910.09
	Rounded off to	3,65,000

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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 17% to the whole body.

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I have perused the evidence of the Doctor - PW.3 and the wound certificate/disability certificate. The same depicts that the claimant has sustained grievous injuries to his right thigh, left leg and left hand and also stated that the claimant has restricted ROM in his right hip, left knee and ankle and left wrist along with pain in his right thigh, left leg and left wrist.

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NC: 2026:KHC:34772 MFA No. 3700 of 2021

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HC-KAR

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Since the Doctor has assessed the disability to the whole body at 31%, considering the nature and gravity of the injuries suffered by the claimant and its long lasting effect, I deem it appropriate to assess the disability at 21%. Accordingly, the disability suffered by the claimant would be at 21%.

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The Tribunal has determined the monthly income, notionally at Rs.10,000/- per month. 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 2019, would be Rs.14,000/-

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Since the claimant has suffered 21% disability and is aged about 46 years, 25% future prospects requires to be added to the said income, which would be Rs.17,500/(14,000/- + 25%). Thus, the income of the claimant would be Rs.17,500/-.

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As the claimant was aged 46 years, the Tribunal has rightly applied a multiplier of '13'. Consequently, the claimant

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5 - NC: 2026:KHC:34772 MFA No. 3700 of 2021

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HC-KAR

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would be entitled to a sum of Rs.5,73,300/- (17,500 x 12 x

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13 x 21%) towards 'loss of future income'.

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Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.42,000/- (14,000 X 3 months) towards 'loss of income during the laid up period' .

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal.

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Having regard to the injuries suffered by the claimant and its long lasting effect, the claimant would be entitled to a sum of Rs.50,000/- towards 'future medical expenses' as against Rs.30,000/- awarded by the Tribunal.

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The sum awarded as medical expenses at Rs.36,511/-

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being based on the documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

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HC-KAR

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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 (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	50,000	60,000
2.	Medical Expenses	36,511	36,511
3.	Food, nourishment, Conveyance and Attendant charges	50,000	50,000
4.	Loss of income during the period of treatment	60,000	42,000
5.	Loss of future earnings	88,399.09	5,73,300
6.	Loss of amenities of life due to disability	50,000	50,000
7.	Future Medical Expenses	30,000	50,000
	Total	3,64,910.09	8,61,811
	Rounded off to	3,64,500

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Thus, the claimant is held entitled to the total compensation of Rs.8,61,811/- as against Rs.3,64,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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NC: 2026:KHC:34772 MFA No. 3700 of 2021

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HC-KAR

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The Insurance Company 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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CR

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List No.: 1 Sl No.: 39

Mr Jayaram Sahani v. M/S United India Insurance Com., Ltd.

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Mr Jayaram Sahani v. M/S United India Insurance Com., Ltd.

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