Sri K Hari Prasad Vs Smt Manjula

SRI. K. HARI PRASAD S/O K. SURYANARAYANA AGED ABOUT 22 YEARS, R/AT NO. 2-96, GORANTLA KAMMALAVANDLAPALLI, KONDAPURAM, ANANTHAPURAM, ANDHRA PRADESH - 515 231.

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…APPELLANT

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(BY SRI. N.R. RANGEGOWDA, ADVOCATE)

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AND:

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SMT. MANJULA D/O SRINIVASA, AGED MAJOR, R/AT WARD NO. 24, H.S. GARDEN, TEACHERS COLONY, CHIKKABALLAPURA TOWN, DISTRICT, KARNATAKA - 562 101.

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, UNIT NO.04, 9TH FLOOR, LEVEL -06, GOLDEN HEIGHTS COMPLEX 59TH 'C' CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUBURB, RAJAJINAGAR, BENGALURU - 560 010.

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N.A, FOR SRI. B. PRADEEP, ADVOCATES FOR R2; V/O DT.10.09.2025, NOTICE TO R1 D/W.)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2024 PASSED IN MVC NO.5489/2022 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2026:KHC:19257 MFA No. 3792 of 2025

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HC-KAR

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THIS APPEAL, COMING ON FOR ORDERS, 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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Heard learned counsel for the parties.

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This appeal is filed against the judgment and award passed by the VIII Additional Judge, Court of Small Causes

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ad CJM and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru (hereinafter referred to as the Tribunal) in MVC No.5489 of 2022 dated 04.11.2024.

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Injured claimant met with an accident on 21.06.2022 and filed claim petition claiming compensation of ₹30,00,000/-. The Tribunal considered the entire evidence on record, granted an amount of ₹13,68,082/under various heads with interest rate of 6% per annum from date of petition till realization.

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Aggrieved by the said award, the petitioner/claimant has preferred this appeal mainly contending that he sustained fracture injuries which are grievous in nature but the Tribunal granted meager amounts. The doctor

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HC-KAR

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assessed the disability of the left lower limb at 62% and to the whole body at 31%. But the Tribunal erred in taking the same as 21% instead of 31%. Further, 40% is not added towards future prospects and interest is to be granted at the rate of 9% and therefore, requests for enhancement of the compensation.

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Though the petitioner stated that he was an agriculturalist earning ₹20,000/- per month, he has not filed any income proof. Accident is of the year 2022 and therefore, income is to be taken as ₹15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 19 years and the relevant multiplier is 18. Exhibit P.5 is the wound certificate and Exhibit P.7 is the discharge summary. Petitioner also examined an Orthopedic Surgeon as PW.3 and he stated that petitioner sustained following injuries :

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"1) Type 3 open comminuted # shaft of (Lt) femur;

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Crush Avulsion injury (Rt) thigh posterior aspect with distal femoral Popliteal Artery thrombsis with Hamstring muscle Avulsion with non critical ischemia of limb;

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NC: 2026:KHC:19257 MFA No. 3792 of 2025

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HC-KAR

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He underwent surgery in the form of :

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ORIF with IMIL Nailing of femur with neuro vascular repair under CSEA on 22.06.2022;

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Wound debridement - SSG under SAB on 03.07.2022 Pain and difficulty in walking and climbing stairs;

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H/o. inability to squat and sit cross legged;

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walks with pain and limping with foot drop gait;

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Gross wasting of (Lt) lower limb is seen

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Depressed SSG scars over posterior aspect of distal thigh (Lt) measuring 15x 15 cms in Donar site scars are seen over (Lt) Hip and thigh;

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His recent X-Ray - united # (Delayed union) with implants in situ

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Shortening of the limb + Foot drop -> 6%

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and assessed the total disability of the left lower limb at 62% and that of the whole body at 31%. It is also stated that he needs surgery for removal of the implants plus Tendon Transfer and it may cost around ₹60,000/-. Shortening of the left lower limb is at 62%. So the Tribunal has rightly considered one-third of 62% i.e., 21% disability and this court finds no reason to interfere with

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the said assessment. As the disability is more than 20%, the petitioner is also entitled for 'future prospects' as per

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HC-KAR

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the judgment of the Hon'ble Apex Court in the case of Rajkumar vs. Ajay Kumar reported in (2011) 1 SCC 343. The petitioner was aged 19 years therefore he is entitled for 40% addition towards future prospects. Hence, compensation towards loss of future earning capacity comes to ₹9,84,312/- (₹15,500+40%x12x18x21%).

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The petitioner has incurred ₹6,43,000/- as per Exhibit P.9-medical bills. Tribunal granted the said amount and the same is confirmed. The petitioner was an inpatient for a period of 21 days and considering the nature of injuries, period of hospitalisation, his age and other relevant factors, this Court finds it appropriate to grant an amount of ₹75,000/- towards pain and suffering, ₹50,000/- for loss of amenities, ₹40,000/- for transportation, extra nourishment and attendant charges; Petitioner might not have done any work for at least three months. Therefore, ₹46,500/- (15500x3) is to be granted under the head 'loss of income during laid up period'. The petitioner is also entitled for ₹40,000/- towards future medical expenses.

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HC-KAR

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The total compensation comes to ₹18,79,509/-, the Tribunal has granted ₹13,68,082/- and therefore, the enhanced compensation comes to ₹5,11,427/- as per the following table :

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Particulars	Amount in Rs.
Loss of future income due to	9,84,312.00
disability(15500+40%x12x18x21%)
Pain and suffering	75,000.00
Loss of amenities	50,000.00
Transportation, extra nourishment, & attendant charges	40,000.00
Medical expenses	6,43,697.00
Loss of income during laid down period (Rs.15500x3m)	46,500.00
Future medical expenses	40,000.00
Total	18,79,509.00
Enhanced compensation	5,11,427.00

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The Insurance company has already deposited the award

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amount before the Tribunal and is now directed to deposit the enhanced compensation of ₹5,11,427/- with interest at the rate of 6% within a period of one month from

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today.

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