Sri Hiralal Vs the Manager

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2022 PASSED IN MVC NO. 1890/2020 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES MACT, BENGALURU SCCH-9 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

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Rs.10,12,471/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further

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fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has

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awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in(Rs.)
1.	Pain and sufferings	1,00,000/-
2.	Loss of future income	2,72,000/-
3.	Medical expenses	5,24,311/-
4.	Future medical expenses	20,000/-
5.	Loss of income during the laid up period	36,000/-

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3 - NC: 2026:KHC:25769 MFA No. 4077 of 2022

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HC-KAR

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6.	Conveyance, food, nourishment, attendant charges	40,000/-
7.	Loss of amenities in life	20,000/-
	Total	10,12,471/-

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The Tribunal, on an analysis of the medical

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evidence, has concluded that the claimant has suffered permanent disability to the extent of 21% to the whole body.

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I have perused the evidence of the Doctor - PW.2

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and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries:

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i. Bilateral crescent fracture of pelvis.

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ii. Anterior SI joint dislocation right side (AO type C pelvic injury) with foot drop.

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iii. Extra peritoneal bladder injury.

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iv. Dermabrassion over right lower limb.

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v. Secondary infection.

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Since the Doctor has assessed the disability for

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right lower limb to the extent of 63% and to the whole body at 21%, having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to assess the disability at

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4 -

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NC: 2026:KHC:25769 MFA No. 4077 of 2022

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HC-KAR

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19%. Accordingly, the disability suffered by the claimant would be at 19%.

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The Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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 2020, would be Rs.14,500/-.

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As the claimant was aged 44 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,62,840/- (14,500 x 12 x 14 x 19%) towards 'loss of future income' .

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As a consequence, the amount of Rs.36,000/awarded by the Tribunal towards 'loss of income during the laid

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up period' would also stand enhanced to Rs.58,000/- (14,500/- X 4).

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of

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5 - NC: 2026:KHC:25769 MFA No. 4077 of 2022

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HC-KAR

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Rs.1,20,000/- towards 'pain and suffering' as against

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Rs.1,00,000/- awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal.

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The sums awarded as medical expenses at Rs.5,24,311/-, being based on documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under the head conveyance,

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food and nourishment and attendant charges' and future medical expenses by the Tribunal, remain unaltered.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	1,00,000	1,20,000

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HC-KAR

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2.	Loss of future income	2,72,160	4,62,840
3.	Medical expenses	5,24,311	5,24,311
4.	Future medical expenses	20,000	20,000
5.	Loss of income during the laid up period	36,000	58,000
	Conveyance, food,	40,000	40,000
6.	nourishment, attendant charges
7.	Loss of amenities in life	20,000	40,000
	Total	10,12,471	12,65,151

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Thus, the claimant is held entitled to the total compensation of Rs.12,65,151/- as against Rs.10,12,471/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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16. The Insurance Company is directed to deposit the

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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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HKV List No.: 1 Sl No.: 35

Sri Hiralal v. the Manager

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Sri Hiralal v. the Manager

Case brief

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