Sri Rajath D L Vs M/S Sharma Transports

SRI RAJATH D L S/O LINGARAJ NOW AGED ABOUT 24 YEARS RESIDING NEAR ANGANAWADI BANNERGHATTA ROAD KOLLIFORM LAYOUT PILLAGANAHALLI GOTTIGERE POST BENGALURU - 560 083

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…APPELLANT

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(BY SRI. GOPAL KRISHNA N, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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M/S SHARMA TRANSPORTS NO 27/B, BAZAAR STREET ANEKAL TALUK BENGALURU DISTRICT - 560 106 REP BY ITS MANAGING DIRECTOR

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PRESENT ADDRESS M/S SHARMA TRANSPORTS NO.328, SANGEETHA BHAVAN TSP ROAD, KALASIPALYAM BENGALURU - 560 002 REP BY ITS MANAGING DIRECTOR

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HC-KAR

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NC: 2026:KHC:38109 MFA No. 5461 of 2021

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CNR: KAHC010400552021

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THE NEW INDIA ASSURANCE COMPANY LTD D O 1, NO.40, LAKSHMI COMPLEX K.R ROAD, BENGALURU - 560 002 BY ITS MANAGER

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…RESPONDENTS

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(BY SRI. G.S MARULAIAH, ADVOCATE FOR R2, VIDE ORDER DATED 25/11/2022, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.02.2020 PASSED IN MVC NO.3368/2017 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, 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 Rs.5,48,000/- awarded by the Tribunal vide judgment and award dated 18.02.2020 in MVC.No.3368/2017, is in appeal.

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The fact that the accident occurred and the further fact

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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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HC-KAR

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NC: 2026:KHC:38109 MFA No. 5461 of 2021

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CNR: KAHC010400552021

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	40,000
2.	Loss of future income	1,94,500
3.	Medical expenses	2,41,500
4.	Loss of income during the laid up period	27,000
5.	Conveyance, food, nourishment, attendant charges	15,000
6.	Loss of amenities in life	30,000
	Total	5,48,000

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The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body.

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I have perused the evidence and the wound certificate - Ex.P4. The same depicts that the claimant has suffered the following injuries:

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i. Multiple abrasions over distal aspect of right hand.

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ii. Multiple abrasions ranging over dorsal aspect of left hand.

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iii. Tongue is divided into two pieces.

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iv. Fracture of middle of lower joint.

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4 - NC: 2026:KHC:38109 MFA No. 5461 of 2021

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HC-KAR

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CNR: KAHC010400552021

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v. Fracture of ramus of left side of lower joint.

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vi. Frontal region of brain is contused.

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The Doctor - PW.3, on examination of the claimant, has stated that the lower half of the face is shattered, has a degloving injury exposing the mandible fracture, multiple laceration and skin abrasions in lower third of the face, lacerations over the nose, tongue was suture, open reduction and internal fixation is done for communicated fractured mandible with plates and screws, 31 and 32 lower anterior teeth and 24 and 26 maxillary left posterior teeth are missing, etc,. Further he has assessed functional loss at 22.5% due to the missing of lower left anterior teeth, 7.5% due to lower jaw, 2.5% due to scar on the nose. Accordingly, he has assessed the functional and aesthetic loss at 32.5%. Therefore, after giving my anxious consideration the medical evidence, I deem just and proper to assess the disability to the whole body at 15%, Accordingly, the disability suffered by the claimant would be at 15%.

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The Tribunal has determined the monthly income, notionally at Rs.9,000/-. Since there is no credible

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HC-KAR

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NC: 2026:KHC:38109 MFA No. 5461 of 2021

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CNR: KAHC010400552021

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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 2016, would be

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Rs.9,500/-.

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As the claimant was aged 19 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,07,800/- (Rs.9,500 x 12 x 18 x 15%) towards 'loss of future income'.

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As a consequence, the amount of Rs.27,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.28,500/- , considering the laid up period as three months (Rs.9,500 x 3 months).

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Having regard to the injuries suffered and having regard to the lasting effects of the same on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.40,000/- and a sum of Rs.40,000/-

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HC-KAR

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NC: 2026:KHC:38109 MFA No. 5461 of 2021

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CNR: KAHC010400552021

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towards 'loss of amenities' , as against the sum of Rs.30,000/awarded by the Tribunal.

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Having regard to the loss of teeth i.e., 31 and 32 lower anterior teeth and 24 and 26 maxillary left posterior teeth, which impairs the mastication efficiency of biting and grinding and also alters the lower anterior speech phonetics, I deem it just and appropriate to award a sum of Rs.25,000/- towards ’loss of teeth'.

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Having regard to the length of stay of the claimant in the hospital, the Tribunal has rightly awarded the sum of Rs.15,000/- towards 'Conveyance, food and nourishment and attendant charges' and the same is affirmed.

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The sum of Rs.2,41,500/- awarded by the Tribunal towards 'Medical expenses' , being based on documentary evidence, is affirmed.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

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HC-KAR

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NC: 2026:KHC:38109 MFA No. 5461 of 2021

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CNR: KAHC010400552021

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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	40,000	50,000
2.	Loss of future income	1,94,500	3,07,800
3.	Medical expenses	2,41,500	2,41,500
4.	Loss of income during the laid up period	27,000	28,500
5.	Conveyance, food, nourishment, attendant charges	15,000	15,000
6.	Loss of amenities in life	30,000	40,000
7.	Loss of 4 teeth	-	25,000
	Total	5,48,000	7,07,800

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Thus, the claimant is held entitled to the total compensation of Rs,7,07,800/- as against Rs.5,48,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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HC-KAR

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NC: 2026:KHC:38109 MFA No. 5461 of 2021

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CNR: KAHC010400552021

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The Insurance Company is directed to deposit the 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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PKS List No.: 1 Sl No.: 43

Sri Rajath D L v. M/S Sharma Transports

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Sri Rajath D L v. M/S Sharma Transports

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