Nithin Vs Krishna G T

KRISHNA G.T S/O THIMMAPPA, AGED ABOUT 26 YEARS, PRESENT R/O BDA COMPLEX KULAGERI BENGALURU PERMANENT ADDRESS NO 144, GOLURU VILLAGE MADDURU TLAUK, MANDYA DISTRICT (DRIVER OF THE QUALIES CAR NO KA-03/MB 5762)

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SAVITHA H.C W/O LOKESHA M.P AGED ABOUT 35 YEARS, R/O PAVANALAYA, GKM COLLEGE ROAD, JARAGANAHALLI BENGALURU 560078

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2 - NC: 2026:KHC:26613 MFA No. 4600 of 2022

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HC-KAR

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(OWNER OF THE QUALIES CAR NOKA-03/MB-5762)

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THE REGIONAL MANAGER ISKO TOKIYO GENERAL INSURANCE CO LTD, KSCMF BUILDING, 3^RD FLOOR 8^TH BLOCK, OFFICE NO.8, KANNINGHYAM ROAD, BENGALURU-52

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(INSURER OF THE QUALIES CAR NO.KA-03/MB-5762)

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…RESPONDENTS

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(BY SRI. E.I. SANMATHI, ADVOCATE FOR R3, SRI. C.R SUBRAMANYA, ADVOCATE FOR R2, R1 - KRISHNA G.T IS SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2022 PASSED IN MVC NO. 355/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, THIRTHAHALLI AND JUDICIAL MAGISTRATE FIRST CLASS COURT, AMACT-14, THIRTHAHALLI, 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

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compensation of Rs.12,15,000/- 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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3 - NC: 2026:KHC:26613 MFA No. 4600 of 2022

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HC-KAR

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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	50,000
2.	Loss of future income	4,32,000
3.	Medical expenses	6,12,950
4.	Loss of income during laid up period	75,000
4.	Future medical expenses	25,000
5.	Conveyance, food, nourishment, attendant charges	20,000
	Total	12,14,950
	Rounded off to	12,15,000

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The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 16%.

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I have perused the wound certificate - Ex.P6 and disability certificate-Ex.P22. The same depicts that the claimant has suffered sutured laceration, 7 cm in length over the head on right side, 6 cm above and 3 cm away from right mastoid process and 5 cm in length over the left eyebrow, 2.4 cm away from glabella, abrasion, reddish, 5x6 cm over front of left knee

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4 -

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NC: 2026:KHC:26613 MFA No. 4600 of 2022

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HC-KAR

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joint with overlying punctured laceration of size 1x1 cm x subcutaneous tissue deep, abrasion, reddish 8x3 cm over outer aspect of right foot, starting at right ankle joint, sutured laceration, 4 cm in length over dorsum of right foot, 4 cm below right ankle joint, 5x3 cm over inner aspect of right foot, starting at right ankle joint, 3x0.5 cm over front of right leg, 9 cm below right knee joint, 1x1 cm was present over inner aspect of right knee joint, 2x1 cm was present over inner aspect of right knee joint and left elbow joint and multiple abrasions reddish was present over an area of 10x5 cm over the dorsum of right hand, varying in sizes from 3x2 cm to 2x2 cm starting at right wrist joint and over an area of 12x14 cm over the back of chest on right side, varying in sizes from 6x5 cm to 0.5x0.5cm starting 2 cm inner to right shoulder tip and swelling and tenderness over back of abdomen in midline, 12 cm above upper aspect of gluteal cleft.

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Since as per the disability certificate, the claimant has suffered 48% disability i.e., 22% permanent physical impairment in his left lower limb and 26% permanent physical impairment in his spine and locomotor system, having regard to the nature of the injuries sustained by the claimant and

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HC-KAR

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having perused the medical records, I deem it appropriate to assess the disability at 26%. Accordingly, the disability suffered by the claimant would be at 26%.

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The Tribunal has determined the monthly income of the claimant at Rs.12,500/- based on the salary certificateEx.P28 and also other documents, which I deem it just and proper. Since the claimant has suffered 26% disability and is aged 19 years, 40% future prospects requires to be added to the said income, which would be Rs.17,500/- (12,500 + 40%). Thus, the income of the claimant would be Rs.17,500/-.

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As the claimant was aged 19 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.9,82,800/- (17,500 x 12 x 18 x 26%) towards 'loss of future income' .

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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.50,000/- awarded by the Tribunal.

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HC-KAR

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Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.30,000/- towards conveyance, food and nourishment and attendant charges' , as against the sum of Rs.20,000/- awarded by the Tribunal.

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The sums awarded as medical expenses at Rs.6,12,950/- , being based on documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under the head 'loss of income' during laid up period and 'future medical expenses' 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 (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	50,000	1,00,000
2.	Loss of future income	4,32,000	9,82,800
3.	Medical expenses	6,12,950	6,12,950
4.	Loss of income during laid	75,000	75,000

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NC: 2026:KHC:26613 MFA No. 4600 of 2022

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HC-KAR

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	up period
5.	Future medical expenses	25,000	25,000
	Conveyance, food,		30,000
6.	nourishment, attendant charges	20,000
	Total	12,14,950	18,25,750

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Thus, the claimant is held entitled to the total compensation of Rs.18,25,750/- as against Rs.12,15,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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15. 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.: 31

Nithin v. Krishna G T

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Nithin v. Krishna G T

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