Sri Jagannath Achari Vs Sri Chandra Poojari

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.06.2025 PASSED IN MVC No.308/2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, UDUPI (SITTING AT KUNDAPURA) .,PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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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 03.06.2025 passed in MVC No. 308/2019

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by the Additional District Judge and Additional MACT, Udupi.

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Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

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3 - NC: 2026:KHC:50797 MFA No. 4635 of 2026

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HC-KAR

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CNR: KAHC010423902026

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02.12.2018 due to the rash and negligent driving by the

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driver of car bearing registration No. KA-20-AA-4661. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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1	Loss of future income arising out of permanent disability	Rs.1,38,600/-
2	Loss of income during laid the period of treatment	Rs.90,000/-
3	Medical bill, conveyance, nutrition and attending charges	Rs.53,986/-
4	Loss of amenities	Rs.10,000/-
5	Pain and suffering	Rs.20,000/-
6	Future medical expenses	Rs.40,000/-
	Total	Rs.3,52,586/-

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The Tribunal has also awarded interest at the

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rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

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4 - NC: 2026:KHC:50797 MFA No. 4635 of 2026

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HC-KAR

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CNR: KAHC010423902026

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Heard learned counsel for appellant – claimant

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and learned counsel for respondent No. 2 – Insurer.

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The accident occurred on 02.12.2018 and as on

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the date of accident, claimant was aged 62 years. Claimant is stated to be a Yakshagana artist. The Tribunal has rightly taken the income of the claimant at Rs.10,000/- per month and applied multiplier `7’. The claimant had sustained the following injuries:

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i. Open fracture of right tibia and fibula

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ii. Right foot drop

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Considering the injuries sustained by the claimant, compensation awarded towards pain and suffering’ in a sum of Rs.20,000/- is enhanced to Rs.40,000/- and loss of amenities’ awarded in a sum of Rs.10,000/- is enhanced to Rs.30,000/-.

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P.W.2 doctor who had examined the claimant

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and assessed the disability has stated that claimant is

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5 - NC: 2026:KHC:50797 MFA No. 4635 of 2026

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HC-KAR

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CNR: KAHC010423902026

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having permanent disability of 22% of right lower limb

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locomotor functions. The Tribunal has taken the functional disability at 11%.

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Claimant is a Yakshagana artist. Considering his

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avocation, fracture sustained by him and the injuries, the functional disability is to be taken at 20% as against 11% taken by the Tribunal.

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

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15,000 X 12 X 7 X 20% = Rs.2,52,000/-

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The Tribunal has rightly awarded `loss of

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income during laid up period’ for 6 months, medical expenses and future medical expenses.

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In view of the above, claimant is entitled to

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total compensation under various heads as under:

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1	Pain and suffering	Rs.40,000/-
2	Loss of amenities	Rs.30,000/-

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6 - NC: 2026:KHC:50797 MFA No. 4635 of 2026

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HC-KAR

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CNR: KAHC010423902026

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3	Loss of income during laid up period	Rs.90,000/-
4	Medical expenses	Rs.53,986/-
5	Future medical expenses	Rs.40,000/-
6	Loss of future income	Rs.2,52,000/-
	Total	Rs.5,05,986/-

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The claimant is entitled to total compensation of Rs.5,05,986/- as against Rs.3,52,586/- awarded by the Tribunal with interest. Consequently the claimant is entitled to enhanced compensation of Rs.1,53,400/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Claimant is not entitled to interest for the delay period of 270 days in filing the appeal as per order dated 17.09.2026 passed on I.A. No. 1/ 2026. Respondent No. 2 - Insurer is liable to pay the said enhanced compensation with interest.

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In view of the above the following;

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O R D E R

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a) Appeal is allowed in part.

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7 -

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HC-KAR

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NC: 2026:KHC:50797 MFA No. 4635 of 2026

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CNR: KAHC010423902026

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b) Appellant - claimant is entitled to enhanced

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compensation of Rs.1,53,400/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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c) Appellant – Claimant is not entitled to interest for the delay period of 270 days.

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d) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day.

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e) Appellant - claimant is entitled to release of entire enhanced compensation.

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Learned counsel for respondent No.2 is permitted to file vakalath within a period of 10 days.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS

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List No.: 1 Sl No.: 17 Ct.sm

Sri Jagannath Achari v. Sri Chandra Poojari

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Sri Jagannath Achari v. Sri Chandra Poojari

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