Srinivas a @ Manoj Vs Tata Aig General Insurance Co. Ltd.

TATA AIG GENERAL INSURANCE CO LTD NO.69, JP AND JV JAMBUKESHWARA ARCADEM MILLERS ROAD, BANGALORE-560052. BY ITS MANAGER. 2. RAVI N V S/O VENKATESH MAJOR IN AGE R/AT BRAHMAPURA VILLAGE NAGUVANAHALLI POST, SRIRANGAPATNA-571438 MANDYA DIST.

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RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY., ADVOCATE FOR SRI. B. PRADEEP.,ADVOCATE FOR R1;

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2 - NC: 2026:KHC:23993 MFA No. 6024 of 2024

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HC-KAR

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V/O DTD 20.02.2025 NOTICE TO R2 D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2023 PASSED IN MVC NO.7324/2018 ON THE FILE OF THE ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3 BENGALURU C/C OF JUDGE AND ACMM, MEMBER, MACT, BENGALURU MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION 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 08.09.2023 passed in MVC.No.7324/2018 on the file of the learned Motor Accident Claims Tribunal, Court of Small Causes, Additional SCJ and ACMM Member, MACT-3, Bengaluru, seeking enhancement of compensation.

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Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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3 -

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NC: 2026:KHC:23993 MFA No. 6024 of 2024

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HC-KAR

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The petitioner/injured met with an accident on 07.08.2018 and filed the claim petition before the Tribunal for compensation of Rs.14,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,83,404/with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner was working as a labourer and earning Rs.15,000/per month. He sustained fracture injuries which are grievous in nature. He was admitted in the hospital as inpatient for a period of 10 days. The doctor assessed that the disability to whole body as 10%, but the Tribunal has been taken the same as 7%. The Tribunal granted meager amounts under the other heads and interest is to be granted at the higher rate and thus requested for enhancement of compensation.

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Though the petitioner stated that he was earning Rs.15,000/- per month and he has not filed any income proof. As he met with accident in year 2018, this Court finds it reasonable to take his notional income as Rs.12,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 20 years and the relevant

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4 - NC: 2026:KHC:23993 MFA No. 6024 of 2024

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HC-KAR

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multiplier is '18'. He filed Ex.P7 wound certificate, Ex.P8 discharge summary, Ex.P19 to 22 CT scan films, Ex.P23 OPD record, Ex.P24 X-ray films and other medical records. Apart from that, he examined the doctor as PW2 and he is working as HOD of Department of Faciomaxillary Surgery. He stated that the petitioner sustained injuries to right shoulder and face with lacerated wound on right edematous eye. On clinical and radiographic examination shows right eye circumorbital edema and lacerated wound, abrasion on right shoulder, conscious and irritable, GCS-E4M6V3. A fan facial fracture involving right zygoma, maxilla, right para symphseal mandible fracture. He complaints of difficulty in chewing hard food, loss of sensation over right chin region and left lower lip, reduced mouth opening, scars at right eyebrow, lower jaw and chin region. On clinical examination tendereness over right check and right lateral wall of orbit region on palpation, tenderness over right parasymphysis region of mandible region on palpation, paresthesia over right infraorbital region and left mental nerve course, restricted mouth opening, linear scar at right lateral wall orbit, right body of mandible and chin region. OPG and PNS X-rays shows miniplates and screws right maxillary

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5 - NC: 2026:KHC:23993 MFA No. 6024 of 2024

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HC-KAR

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buttress region, right lateral wall of orbit and mandibular right parasymphysis region, radiolucence at right maxillary sinus regions with implants suggestive of mild bone loss. He has to undergo surgery for implant removal under general anesthesia. He assessed the disability as 25% to the limb and 8% to the whole body. Considering the medical evidence on records this Court finds it reasonable to take 1/3^rd of 25% i.e., 8% of the disability for the purpose of calculation. Loss of future earning capacity comes to Rs.12,500/- X 12 X 18 X 8%= Rs.2,16,000/. The Tribunal has granted an amount of Rs.86,622/- towards medical expenses and the said amount is confirmed. Considering the nature of injuries, period of hospitalization, age, occupation and other relevant records, this Court finds it reasonable to grant an amount of Rs.40,000/- towards pain and sufferings, Rs.20,000/towards loss of amenities, Rs.30,000/- transportation, food nourishment and attendant charges. The petitioner might not have attended any work at least for a period of three months, therefore, an amount of Rs.37,500/- is to be granted towards loss of income during laid up period.

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6 - NC: 2026:KHC:23993 MFA No. 6024 of 2024

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HC-KAR

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Thus in all, compensation awarded by this Court is

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as below:

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Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	40,000/-
2.	Towards loss of amenities	20,000/-
3.	Towards transportation, food, nourishment	30,000/-
4.	Towards loss of income during laid up period	37,500/-
5.	Towards loss of future earning capacity	2,16,000/-
6.	Medical expenses	86,622/-
	Total	4,30,122/-

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Hence, the appellant-claimant is entitled for a total

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compensation of Rs.4,30,122/- 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. The appeal is allowed in part.

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ii. The judgment and award dated 08.09.2023 passed

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in MVC.No.7324/2018 on the file of the learned Motor Accident Claims Tribunal, Court of Small Causes, Additional SCJ and ACMM Member, MACT-3, Bengaluru, is modified.

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7 - NC: 2026:KHC:23993 MFA No. 6024 of 2024

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HC-KAR

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iii. The claimant is entitled to a sum Rs.4,30,122/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,83,404/- granted by the tribunal.

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iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.1,46,718/- 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, petitioner is permitted to withdraw the entire amount along with interest accrued on the same.

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vi. Claimants are not entitled for interest for delayed period of 273 days as per I.A. No.1/2024 order dated 12.11.2025.

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Sd/(P SREE SUDHA) JUDGE

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PNV

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List No.: 1 Sl No.: 73

Srinivas a @ Manoj v. Tata Aig General Insurance Co. Ltd.

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Srinivas a @ Manoj v. Tata Aig General Insurance Co. Ltd.

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