Sri. Vinod E Vs Sri Shankar Namdev Borate

SRI. SHANKAR NAMDEV BORATE, S/O NAMDEV BORATE, AGED ABOUT 38 YEARS, R/AT TAMSIWADI, MALSIRASMALASIRAS TALUK, SOLLAPUR DISTRICT - 413 107, MAHARASTRA. (RC OWNER OF THE VEHICLE TATA ACE VEHICLE BEARING REG NO.MH-45-T-0506).

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THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE, 5^TH FLOOR, NO.28, CENTENARY BUILDING,

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2 -

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NC: 2026:KHC:23616 MFA No. 6399 of 2018

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HC-KAR

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M G ROAD, BANGALORE - 560 001. (POLICY BEARING NO.17065623490000066 VALID FROM 30/01/2016 TO 29/01/2017)

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…RESPONDENTS

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(BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2018 PASSED IN MVC NO.1289/2016 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND THE MACT, TUMKUR, 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 VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured claimant challenging the judgment and award dated 16.03.2018 passed in MVC No.1289/2016 by the III Additional Senior Civil Judge and MACT, Tumkuru (for short 'the Tribunal').

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Heard Sri Shekhar L.S., learned counsel appearing for the appellant and Sri D.Vijayakumar, learned counsel appearing for respondent No.2.

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3 - NC: 2026:KHC:23616 MFA No. 6399 of 2018

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HC-KAR

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This appeal filed by the injured is mainly on the ground that award of compensation by the Tribunal under the head of 'loss of amenities' and 'conventional heads' is on lower side. It is submitted that the Tribunal has not awarded any compensation under the head of 'loss of income during the laid up period' and not awarded any compensation towards the 'future medical expenses'.

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The learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal.

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The appellant as well as the respondent-Insurance Company are not in dispute that the appellant met with a road accident on 13.08.2016 and sustained following fracture as is evident from oral evidence of PW2, Exhibit P5-wound certificate and discharge summary at Exhibit P9:

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" Injury No.1: Grade-I compound fracture shaft of left femur;

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HC-KAR

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Injury No.2: Grade III compound fracture dislocation

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of left wrist;

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Injury No.3: Abrasion burns over both buttocks;

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Injury No.4: Multiple carpal bone fracture and

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Injury No.5: Abrasion over left leg and foot."

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In order to prove the claim, the injured appellant himself examined as PW1 and also examined Dr. T. S. Raghavendra. A perusal of the evidence on record indicates that the appellant sustained the aforementioned injuries and as per the evidence of Doctor, he sustained disability to the extent of 54% to the limb and 18% to the whole body. The Tribunal, considering the oral evidence of the injured, has declined to award any compensation under the head of 'loss of future income due to disability' as the appellant continues to work in the same organization and earn the same amount. However, the Tribunal has committed an error in not considering a case of the claimant insofar as award of compensation under the head of 'loss of income during the laid up period' and

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5 - NC: 2026:KHC:23616 MFA No. 6399 of 2018

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HC-KAR

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towards the 'future medical expenses'. In my considered view, the award of compensation under the head of 'conveyance and attendant charges' as well as towards the 'loss of amenities of life' is on the lower side.

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Considering the oral and documentary evidence on record, taking note of the nature of injury and fractures suffered and also keeping in mind the fact that injured was inpatient for a period of 6 days and obtained treatment as an outpatient for three months, the compensation is required to be reassessed.

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7. Hence, the compensation is re-assessed as under;

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Heads	Amount in rupees
Pain and suffering	1,00,000/-
Medical expenses	88,000/-
Food, attendant charges and conveyance	25,000/-
Loss of amenities of life	50,000/-
Loss of income during laid up period (30,000/-x 2)	60,000/-
Future medical expenses	35,000/-
TOTAL	3,58,000/-