H R Chandrappa Vs Suchitha N Jadhav

H R CHANDRAPPA S/O RAYAPPA AGED ABOUT 53 YEARS OCC:AGRICULTURIST AND PADDY MERCHANT R/O DOOR NO. 368 SHAMBULINGA NILAYA NEAR HAMPI STORE 2^ND CROSS, BASAVANAGUDI SHIMOGA-577 202.

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…APPELLANT

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(BY SRI. K V SATEESHCHANDRA., ADVOCATE)

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AND:

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SUCHITHA N JADHAV W/O MARUTHI RAO R/O H.245/1, SHIVAJINAGAR BHARMOJI GALLI, DAVANAGERE.

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Digitally signed BHARMOJI GALLI, by DAVANAGERE. PADMASHREE SHEKHAR DESAI 2. AZGAR KHAN Location: High S/O RAGGANI KHAN Court of AGED ABOUT 35 YEARS Karnataka STRMS DRIVER R/O KEREBILACHI-HOSUR CHANNAGIRI TALUK DAVANAGERE DISTRICT

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NATIONAL INSURANCE CO. LTD., S S COMPLEX, 1^ST FLOOR CHURCH OPPOSITE B H ROAD, SHIMOGA-577 202.

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…RESPONDENTS

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2 -

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NC: 2026:KHC:26018 MFA No. 5826 of 2014

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HC-KAR

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(V/O DTD. 15.02.2017 NOTICE TO R1 AND R2 ARE D/W SMT. GOWHAR UNNISA, ADVOCATE FOR R3)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.03.2014 PASSED IN MVC NO.648/2012 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, ADDITIONAL MACT-II, SHIVAMOGGA, 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: 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 12.03.2014 passed in MVC No.648/2012 on the file of the II Additional District Judge, Additional MACT-II, Shivamogga , for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant. Notice to respondent Nos.1 and 2 are dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience.

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3 - NC: 2026:KHC:26018 MFA No. 5826 of 2014

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HC-KAR

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The Injured claimant met with an accident on 17.01.2012 and he filed claim petition claiming compensation of Rs.20,45,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.64,000/- along with interest at the rate of 6% p.a., from the date of petition till realisation.

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Aggrieved by the said order, this appeal is preferred in which it is mainly contended that the petitioner sustained fracture of right scapular, lacerated wound on the right ring finger and certificate was issued by the Manipal Hospital, but it was not considered. He was an agriculturist and paddy merchant. Further, learned counsel for the claimant stated that the income assessed by the Tribunal is not proper. The amounts granted by the Tribunal under the other heads are on lower side. Therefore, requested for enhancement of the compensation.

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4 - NC: 2026:KHC:26018 MFA No. 5826 of 2014

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HC-KAR

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It is submitted that the petitioner was aged 50 years. Though learned counsel for the claimant stated that the injured was an agriculturist and paddy merchant, but he has not filed supporting documents. He filed Ex.P14/Profit and loss

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account copy for the assessment for the year 2011-12, 201213, and 2014-15 and further contended that he was earning Rs.30,000/- per month. Further, the petitioner filed Ex.P6Wound certificate, Ex.P9-Discharge summary and also Ex.P7certificate issued by Manipal Hospital, apart from the medical prescriptions and bills at Ex.P11 and Ex.P12. However, he has not examined the doctor. As per the wound certificate and disability certificate, he sustained following injuries,

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“1. Tenderness over Right Shoulder arm upper 1/3^rd of Right arm.

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2. Cut lacerated wound on Right little finger.

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3. Cut lacerated wound on Right ring finger.”

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He was admitted on 17.01.2012. On 19.01.2012 tendon

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repair was done for right ring finger and was discharged on 24.01.2012. Further, he was reviewed on 30.01.2012, 27.02.2012, 02.04.2012 and 16.04.2012.

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5 - NC: 2026:KHC:26018 MFA No. 5826 of 2014

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HC-KAR

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As the petitioner did not examine the doctor, the question of assessing the disability does not arise. As per the relevant certificates, he sustained fracture injuries and even as per the wound certificate, first and third injuries are grievous in nature and second injury is simple in nature. Therefore, this Court finds it reasonable to grant an amount of Rs.30,000/- towards pain and suffering, Rs.20,000/- for loss of amenities, and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner incurred Rs.30,000/- towards medical bill and also Rs.4,500 /- for ambulance charges. Therefore, Rs.34,500 /- is to be granted towards medical expenses. The petitioner was admitted in the hospital for a period of 7 days. As the petitioner sustained fracture injuries, this court finds it reasonable to grant an amount of Rs.30,000/- for loss of earning during laid-up period.

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6 - NC: 2026:KHC:26018 MFA No. 5826 of 2014

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HC-KAR

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Thus in all, components awarded by this court are as

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below,

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Sl.Nos.	Particulars	Amount in Rs.
1	Pain and suffering	30,000
2	Loss of amenities	20,000
3	Transportation, extra nourishment and attendant charges.	30,000
4	Loss of income during laid up period	30,000
5	Medical expenses	34,500
	Total	1,44,500

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Hence, the compensation granted by tribunal is enhanced

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from Rs.64,000/- to Rs.1,44,500 /- 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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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 12.03.2014 passed in MVC No.648/2012 on the file of the II Additional District Judge, Additional MACT-II,

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Shivamogga, is modified.

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7 -

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NC: 2026:KHC:26018 MFA No. 5826 of 2014

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HC-KAR

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iii. The claimant is entitled to a sum of

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Rs.1,44,500 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.64,000/-granted by the tribunal.

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iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.80,500/- along with the interest at the rate of 6% within one month from the date of this order.

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v. On such deposit, 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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AKV CT:NR List No.: 1 Sl No.: 23

H R Chandrappa v. Suchitha N Jadhav

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H R Chandrappa v. Suchitha N Jadhav

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