Devendra R Vs Pradeep Kumar

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2025 PASSED IN MVC NO.6597/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-16), 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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 04.04.2025 passed in MVC No.6597/2022 on the file of the X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, (SCCH-16), for enhancing the compensation.

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Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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HC-KAR

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The petitioner/injured claimant met with an accident on 10.10.2022 and filed petition before the Tribunal for compensation of Rs.15,50,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.9,18,688/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed.

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It is stated that the petitioner/injured examined PW.2-doctor, who assessed the disability of the right lower limb at 60% and the whole body disability at 21%. But the Tribunal, instead of considering the whole body disability at 21%, has taken it at 15%, which is on the lower side. The Tribunal has also granted meagre amounts under the other heads and interest is to be granted at the rate of 9% per annum. Therefore, requested for enhancement of the compensation.

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Learned counsel for respondent No.2-Insurance

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Company stated that the Tribunal in paragraph No.18 of the judgment has observed that there is no bone loss or shortening of limb to the petitioner and the fracture has united. Taking

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HC-KAR

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these aspects into consideration, the Tribunal taken the whole body disability at 15% and it is to be confirmed.

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Though it is stated that the petitioner/injured was working as a driver and agriculturalist and was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken at Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 26 years and the applicable multiplier is '17'.

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The petitioner/injured sustained fracture of right femur and tibia with head injury, fat embolism and he also undergone surgery for the said injuries. He examined doctor as PW.2 and he stated that the petitioner was treated with CRIF wit IMIL nailing on 14.10.2022 and later on 24.10.2022 and the fracture was united. The petitioner/injured complains of swelling and pain in the right thigh, unable to lift weight and sit down, sit cross leg and squat and carry his profession as driver. As per the X-ray, right femur shows united fracture with implant in situ. He further stated that the petitioner/injured

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HC-KAR

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requires another surgery for removal of the implants and estimated cost of the said surgery at Rs.60,000/-. He has assessed the disability of the right lower limb at 60% and that of the whole body disability at 21%. This Court finds it reasonable to take the whole body disability at 20% (60% × 1/3^rd ). Accordingly, The loss of the future earning capacity comes to Rs.6,32,400/- (15,500x12x17x20%). The Tribunal has granted a sum of Rs.2,56,688/- towards medical expenses, as per the relevant medical records and it is confirmed. The petitioner/injured was hospitalized for a period of 14 days. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities. The Tribunal has granted a sum of Rs.46,500/- towards loss of income during the laid-up period and Rs.31,200/- towards food and nourishment, attendant charges and conveyance charges, this Court finds no reason to interfere with the said amounts. As the petitioner requires another surgery, this Court finds it reasonable to grant an amount of Rs.25,000/- towards future medical expenses.

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HC-KAR

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Thus in all, compensation awarded by this Court is

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as below:

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Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	75,000/-
2.	Towards medical expenses	2,56,688/-
3.	Towards loss of amenities	50,000/-
4.	Towards food and nourishment, attendant charges and conveyance charges	31,200/-
5.	Towards loss of income during laid up period	46,500/-
6.	Towards loss of future earning capacity	6,32,400/-
7.	Towards future medical expenses	25,000/-
	Total	11,16,788/-

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Hence, the appellant-claimant is entitled for a total

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compensation of Rs.11,16,788/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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HC-KAR

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ORDER

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i. The appeal is allowed in part.

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ii. The judgment and award dated 04.04.2025 passed in MVC No.6597/2022 on the file of the X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, (SCCH-16), is modified.

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iii. The claimant is entitled to a sum of Rs.11,16,788 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.9,18,688/- granted by the tribunal.

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iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,98,100/- along with the interest at the rate of 6% within one month from the date of this order.

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