Smt. Savitha. S. N. Vs the Manager

This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 21.01.2022 passed in MVC No.1584/2020 by Senior Civil Judge and JMFC, Pandavapura.

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2. E ven though the matter is listed for admission,

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with the consent of both the learned counsel for appellant and learned counsel for respondent No.1, the matter is taken up for disposal.

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3. The claimant made a claim petition seeking for compensation for the injuries sustained by her in a road traffic accident which took place on 13.08.2020 contending that the accident occurred due to rash and negligent driving by the driver of Tipper Lorry bearing registration

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2 - MFA NO. 5407/2023 (MV - I - CA)

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No.KA-09-D-2511. The Tribunal has recorded the

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evidence. The Tribunal has assessed the compensation and awarded the compensation under different heads as

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under:

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Sl. No.		Amount
1.	Pain, shock and suffering	50,000/-
2.	Attendant charges, extra died, nourishment & conveyance	35,000/-
3.	Towards Medical expenses	5,11,875/-
4.	Loss of amenities	50,000/-
5.	Future Medical expenses	25,000/-
	Total	6,71,875/-

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4. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realization and directed respondent Nos.1 and 2 are jointly and severally to pay the compensation amount. The claimant filed the present appeal seeking enhancement of compensation.

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5. H eard the learned counsel for appellant and learned counsel for respondent No.1 - Insurer.

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Learned counsel for the appellant would contend that, there is a crush injury to the right foot of the

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3 - MFA NO. 5407/2023 (MV - I - CA)

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claimant and resultingly her toes of the right foot has been amputed. The claimant was admitted in the hospital for 60 days. The claimant being a married woman, even though she is working as SDA at Taluk Office Pandavapura has to suffer throughout her life. Considering the said aspect, the compensation awarded for pain and sufferings, loss of amenities and future medical expenses requires to be enhanced. With these, he prayed to allow the appeal and enhancement of compensation.

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Learned counsel for respondent No.1 - Insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With this, he prayed for dismissal of the appeal.

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The claimant is working as SDA in Taluk Office at Pandavapura, even though she has suffered disability, the Tribunal has not awarded loss of future income since she is getting same income which she is getting prior to the accident. The Tribunal has also not awarded loss of income during laid up period since she has not loss income

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4 - MFA NO. 5407/2023 (MV - I - CA)

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during laid up period as she has availed leaves available to her credit. Considering the fact that the amputation of toes due to crush injuries to her right foot, she has to suffer a lot not only during treatment but also throughout her life. Considering the said aspect, the claimant is entitled to the compensation towards pain and sufferings is Rs.1,00,000/as against Rs.50,000/- awarded by the Tribunal.

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The claimant has sustained amputation of toes, she has to suffer discomfort in her entire life and considering the same, loss of amenities and discomfort in life awarded by the Tribunal in a sum of Rs.50,000/requires to be enhanced to Rs.1,50,000/-.

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The doctor who has issued Ex.P18 - Certificate has certified that the claimant required another surgery, for which she needs Rs.1,00,000/-. Considering the said aspect, the claimant is entitled to a sum of Rs.50,000/towards medical expenses as against Rs.25,000/- awarded by the Tribunal.

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5 - MFA NO. 5407/2023 (MV - I - CA)

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Considering the above aspect, the claimant is

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entitled to pay the total compensation under different

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heads as under:

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Sl.		Amount
No.
1.	Pain and suffering	1,00,000/-
2.	Attendant charges	35,000/-
3.	Medical expenses	5,11,875/-
4.	Loss of amenities and discomfort in life	1,50,000/-
5.	Future Medical expenses	50,000/-
	Total	8,46,875/-

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12. The claimant is entitled to total compensation of Rs.8,46,875/- with interest at the rate of 6% from the

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date of petition till realisation. The claimant is entitled to enhanced compensation of Rs.1,75,000/- (8,46,875/- - 6,71,875/-) with interest at the rate of 6% per annum

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from the date of petition till realisation.

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13. In the result, the following:

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ORDER

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i) The Miscellaneous First Appeal is allowed in part.

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6 - MFA NO. 5407/2023 (MV - I - CA)

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ii) The appellant is entitled to enhanced compensation of Rs.1,75,000/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.1 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. Failing which, it is liable to pay interest at the rate of 9% per annum from this day till payment.

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iv) The appellant is entitled to release entire enhanced compensation amount.

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v) The appellant is not entitled to interest for delay period of 420 days in filing the appeal.

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 39

Smt. Savitha. S. N. v. the Manager

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Smt. Savitha. S. N. v. the Manager

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