Sri. Anil Mandal Vs M/S. Zoom Car India Private Limited

Digitally signed by LAKSHMINARAYANA 1. M/S. ZOOM CAR INDIA PRIVATE LIMITED MURTHY RAJASHRI Location: HIGH UNIT-701 TO 717, 7TH FLOOR, COURT OF TOWER-B, AIRPORT ROAD, KARNATAKA DIAMOND DISTRICT, KODIHALLI, HAL, BENGALURU - 560 008.

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RELIANCE GENERAL INSURANCE COMPANY LIMITED, LAKSHMI TOWERS, NO.1, 6TH CROSS ROAD, WKP ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 070, REPRESENTED BY ITS BRANCH MANAGER.

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…RESPONDENTS

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2 - NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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(BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; VIDE ORDER DATED 12.06.2023, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.03.2023 PASSED IN MVC NO.3332/2020 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 enhancement of compensation awarded in the Judgment and Award dated 31.03.2023 passed in MVC No.3332/2020 by XXI Additional Small Causes Judge, ACMM and Member, MACT, Bengaluru, SCCH-23.

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2. E ver though the matter is listed today for admission, with the consent of the learned counsel for appellant and learned counsel for respondent No.2, the matter is taken up for disposal.

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3 - NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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3. The claimant made a claim petition seeking

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award of compensation for the injury sustained by him in a road traffic accident which took place on 17.03.2020 contending that the accident occurred due to rash and negligent driving by the driver of the car bearing registration No.KA-03-AG-5331. The Tribunal recorded the evidence and appreciating the evidence, assessed compensation under different heads as under:

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1	Attendant charges, extra nutritious food & conveyance charges	:	10,000-00
2	Pain & sufferings	:	70,000-00
3	Loss of income during laid-up period	:	66,000-00
4	Medical expenses	:	10,000-00
5	Loss of future income due to disability	:	1,90,000-00
6	Loss of future amenities & happiness	:	50,000-00
7	Future medical expenses	:	30,000-00
	Total		4,26,000-00

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4. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till

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4 -

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NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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realisation and directed respondent No.2 - Insurer to pay the compensation amount with interest.

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5. The claimant filed the present appeal seeking enhancement of compensation.

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6. Heard the learned counsel for appellant and learned counsel for respondent No.2 - Insurer.

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7. Learned counsel for appellant would contend that, the claimant was a coolie and due to injuries sustained by him, he is not able to do his coolie work now. The Doctor - P.W.2 who has treated the claimant has stated that the claimant has sustained 14% disability of whole body and the Tribunal has erred in taking the disability at 9%. The accident occurred in the year 2020 and for that year, notional income fixed by the Karnataka State Legal Services Authority is Rs.14,500/- and the same has to be taken into consideration as against Rs.11,000/- taken by the Tribunal. Considering the said notional income, loss of income during laid-up period

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5 -

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NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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requires to be enhanced. With these, he prayed to allow the appeal.

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8. Learned counsel for respondent No.2 - Insurer

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would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. The disability taken by Tribunal at 9% is just and proper. With these, he prayed for dismissal of the appeal.

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9. H aving heard the learned counsel for appellant

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and learned counsel for respondent No.2 - Insurer, the Court has perused the judgment and award.

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10. The accident occurred on 17.03.2020. The claimant was working as a coolie. The claimant has not established his income and therefore, the notional income has to be taken. The notional income fixed for the year 2020 by the Karnataka State Legal Services Authority is Rs.14,500/- and the said income is required to be taken as against Rs.11,000/- taken by the Tribunal.

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6 - NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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11. The Doctor who has treated the claimant has been examined as P.W.2. The claimant has sustained (i) Fracture both bones (L) leg comminuted and (ii) Fracture lateral malleoli. P.W.2 - Doctor has assessed the disability of the claimant and given evidence that the disability to the whole body is 14%. Even though the said disability is stated by the treated Doctor, the Tribunal has erred in taking the disability at 9%. The disability is to be taken at 14%.

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12. In view of the above, the loss of future income is calculated as under:

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14,500 X 12 = 1,74,000 X 16 = 27,84,000 X 14% = 3,89,760.

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13. The Tribunal has awarded loss of income during laid-up for a period for six months. Considering the said aspect, the claimant is entitled to loss of income during laid-up period in a sum of Rs.87,000/- (14,500 X 6 months) as against Rs.66,000/- awarded by the Tribunal.

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7 - NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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14. The compensation awarded by the Tribunal

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under other heads is just and proper.

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15. The claimant is entitled to total compensation

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under different heads as under:

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1	Loss of future income	Rs.	3,89,760-00
2	Loss of income during laid-up period	Rs.	87,000-00
3	Attendant charges etc.	Rs.	10,000-00
4	Pain and sufferings	Rs.	70,000-00
5	Medical expenses	Rs.	10,000-00
6	Loss of amenities	Rs.	50,000-00
7	Future medical expenses	Rs.	30,000-00
	Total	Rs.	6,46,760-00

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16. The claimant is entitled to total compensation of Rs.6,46,760/- as against Rs.4,26,000/- with interest at the

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rate of 6% per annum from the date of petition till realisation.

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17. The claimant is entitled to enhanced compensation of Rs.2,20,760/- (6,46,760 - 4,26,000) with interest at the rate of 6% per annum from the date of petition till realisation.

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8 - NC: 2026:KHC:29848 MFA No. 3742 of 2023

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HC-KAR

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18. Respondent No.2 - Insurer is liable to pay

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enhanced compensation amount with interest.

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19. In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed in part.

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ii) The claimant is entitled to enhanced compensation of Rs.2,20,760/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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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 43

Sri. Anil Mandal v. M/S. Zoom Car India Private Limited

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Sri. Anil Mandal v. M/S. Zoom Car India Private Limited

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