R Ravi Rai Vs Dr Ajith K

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2022 PASSED IN MVC NO.1865/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PUTTUR D.K, 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.3,69,000/- 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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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl.	Ptil	Amount
No.	arcuars	in(Rs.)
1.	Pain and sufferings	50,000/-
2.	Loss of future income	2,52,000/-

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HC-KAR

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3.	Medical expenses	10,000/-
4.	Loss of income during the laid up period	24,000/-
5.	Conveyance, food, nourishment, attendant charges	18,000/-
6.	Loss of amenities in life	15,000/-
	Total	3,69,000/-

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The Tribunal, on an analysis of the medical

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evidence, has concluded that the claimant has suffered functional disability to the extent of 10%.

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I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of shaft of right femur and also both bones of mid shaft of the right leg.

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Since the Doctor has assessed the disability at 50% to the whole body, having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to take 1/3^rd of the same, which would be 16%. Accordingly, the disability suffered by the claimant would be at 16%.

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The Tribunal has determined the monthly income,

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notionally at Rs.10,000/-. Since there is no credible

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HC-KAR

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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 2019, would be Rs.14,000/-.

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As the claimant was aged 36 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,03,200/- (14,000 x 12 x 15 x 16%) towards 'loss of future income' .

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In view of the nature of the injuries suffered by the claimant, it would be appropriate to take the laid up period as 3 months instead of 2 months. Thus, the amount of Rs.24,000/awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000/- X 3).

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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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5 -

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NC: 2026:KHC:25771 MFA No. 4920 of 2022

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HC-KAR

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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.25,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal.

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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.50,000/- towards attendant and other incidental charges, as against the sum of Rs.18,000/- awarded by the Tribunal.

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The sums awarded as medical expenses at Rs.10,000/- , being based on documentary evidence, do 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	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	50,000	1,00,000
2.	Loss of future income	2,52,000	4,03,200

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HC-KAR

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3.	Medical expenses	10,000	10,000
4.	Loss of income during the laid up period	24,000	42,000
	Conveyance, food,	18,000	50,000
5.	nourishment, attendant charges
6.	Loss of amenities in life	15,000	25,000
	Total	3,69,000	6,30,200

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Thus, the claimant is held entitled to the total

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compensation of Rs.6,30,200/- as against Rs.3,69,000/-, 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.: 40

R Ravi Rai v. Dr Ajith K

Case brief

What is this about?

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R Ravi Rai v. Dr Ajith K

Case brief

What is this about?

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