Manjashetty Vs Shridara J

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.02.2024 PASSED IN MVC NO.21/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN AND ETC.

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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 05.02.2024 passed in MVC No.21/2022 on the file of the Senior Civil Judge and MACT, Belur, Hassan, for enhancement of compensation.

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Heard the arguments of the learned counsel appearing for the respective parties.

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NC: 2026:KHC:13636 MFA No. 5023 of 2024

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HC-KAR

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The appellant/claimant met with an accident on 31.08.2021 and filed claim petition before the Tribunal claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,53,582/with interest at the rate of 6% p.a. from the date of petition till its realization. Being aggrieved by the said order, this appeal is filed.

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The learned counsel for the appellant mainly contented that the Tribunal has granted meager amount on the conventional heads. The Tribunal ought to have granted compensation towards loss of amenities due to injuries suffered in the accident and the appellant is suffering from 26% disability. The Tribunal ought to have taken functional disability more than 8% for future loss of earnings since he suffered 26% physical disability as per the medical evidence. The appellant was inpatient for 7 days. Thus, requested for enhancement of the compensation.

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Heard the arguments of both sides. Though it is stated that appellant is working and earning, but he has not filed any income proof. It is not in dispute that the appellant

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4 - NC: 2026:KHC:13636 MFA No. 5023 of 2024

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HC-KAR

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met with an accident in the year 2021. Thus, this Court finds it reasonable to take his notional income as Rs.15,000/- per month as per the guidelines issued by the Karnataka State Legal Services Authority. As the appellant was aged 46 years, the multiplier is 13. Considering 1/3^rd of 26% i.e., 9% disability, the ‘loss of future earning capacity due to disability’ comes to Rs.2,10,600/- (15,000 x 12 x 13 x 9%).

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The Tribunal granted Rs.1,382/- towards ‘medical expenses’ and it is confirmed.

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As per the evidence of doctor, the injuries are grievous in nature and estimated the functional disability of 26% to the whole body and the appellant was hospitalized for a period of 7 days. Considering the nature of injuries, hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards ‘Pain and Sufferings’ , Rs.25,000/- towards ‘loss of Amenities’ and Rs.20,000/- for ‘transportation, extra nourishment, attendant charges, food, etc’ . The appellant might not have attended to any work for at least a period of 3 months due to the injuries sustained, this Court finds it reasonable to award

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NC: 2026:KHC:13636 MFA No. 5023 of 2024

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HC-KAR

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Rs.45,500/- (15,000x3) towards ‘loss of income during laid

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up period ’.

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Thus, in all, components awarded by this Court are

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as under:

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	Particulars	Compensation granted by Tribunal	Compensation enhanced by the High Court
1	Pain and suffering	40,000.00	50,000.00
2	Medical expenses	1,382.00	1,382.00
3	Conveyance, attendant, diet food and miscellaneous expenses	10,000.00	20,000.00
4	Loss of income during laid up period	15,000.00	45,000.00
5	Loss of future income due to disability	1,87,200.00	2,10,600.00
6	Loss of amenities	Nil	25,000.00
	Total	2,53,582.00	3,51,982.00

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Hence, the appellant is entitled for a total compensation

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of Rs.3,51,982/- with interest at the rate of 6% p.a. Insurance Company already deposited the awarded amount before the Tribunal.

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In the result, the following order is passed:

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6 - NC: 2026:KHC:13636 MFA No. 5023 of 2024

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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 05.02.2024 passed in MVC No.21/2022 by the Senior Civil Judge and MACT, Belur, Hassan is modified.

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III. The appellant is entitled to a sum of Rs.3,51,982/- along with interest at 6% p.a. from the date of petition till the date of realisation instead of Rs.2,53,582/- granted by the Tribunal.

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IV. Respondent No.2 is directed to deposit enhanced compensation of Rs.98,400/- with interest at 6% p.a. within one month from the date of this order and on such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same.

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Sd/- (P SREE SUDHA) JUDGE

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SN

Manjashetty v. Shridara J

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Manjashetty v. Shridara J

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