Sanjay a @ Sanjeev Vs Gowda L v

SANJAY A @ SANJEEV S/O ANANDA, AGE 13 YEARS, STUDENT, REPRESENTED BY NATURAL GUARDIAN FATHER, ANANDA S/O MUNISWAMY, AGE 41 YEARS, R/O NEAR BGS SCHOOL, GURUPURA, SHIVAMOGGA-577 201

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…APPELLANT

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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(BY SRI. PRASAD B.S, ADVOCATE)

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AND:

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GOWDA L.V S/O VEERAPPA, AGE 48 YEARS, OCC AGRICULTURIST, R/O DASIKATTE VILLAGE-577 539 RAMAGIRI POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT.

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CHETHAN H K S/O KUMARAPPA,

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HC-KAR

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NC: 2026:KHC:36402 MFA No. 4147 of 2022

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CNR: KAHC010247572022

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AGE 33 YEARS, AGRICULTURIST, R/O HEBBALAGERE VILLAGE-577215 CHANNAGIRI TALUK, DAVANAGERE DISTRICT.

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THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO LTD., B H ROAD, SHIVAMOGGA-577 201

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…RESPONDENTS

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(BY SRI. NATARAJU T, ADVOCATE FOR R1 & R2, SRI. RAVISH BENNI, ADVOCATE FOR R3)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.01.2022 PASSED IN MVC NO. 224/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, C.J.M. AND ADDITIONAL M.A.C.T.-VII, SHIVAMOGGA, 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.40,365/- awarded by I Addl. Senior Civil Judge & CJM & Additional Motor Accident Claims Tribunal – VII, at Shivamogga (for short ‘the Tribunal’) in MVC No.224/2019 dated 13.01.2022, is in appeal.

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HC-KAR

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NC: 2026:KHC:36402 MFA No. 4147 of 2022

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CNR: KAHC010247572022

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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	25,000
2.	Towards attendant charges, transportation and misc. expenses	10,000
3.	Loss of amenities and nutritious food	5,000
4.	Medical expenses	365
	Total	40,365

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.50,000/- as against Rs.5,000/- towards ‘loss of amenities and nutritious food’ .

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HC-KAR

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NC: 2026:KHC:36402 MFA No. 4147 of 2022

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CNR: KAHC010247572022

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Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.40,000/- as against Rs.10,000/- towards ‘attendant charges, transportation and misc. expenses’ .

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The sum awarded as ‘medical expenses’ at Rs.365/- , being based on documentary evidence, does not call for modification and hence confirmed.

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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 (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	25,000	1,00,000
2.	Towards attendant charges, transportation and misc. expenses	10,000	40,000
3.	Loss of amenities and nutritious food	5,000	50,000
4.	Medical expenses	365	365
	Total	40,365	1,90,365