Sri Randheer Kumar Vs Sri Shaik Hussain

SRI RANDHEER KUMAR S/O SHYAM BABUSINGH, NOW AGED ABOUT 31 YEARS, RESIDING AT NIZAMPUR VILLAGE, KACHCHIDARGAH POST, PATNA DISTRICT, BIHAR- 803 201. PRESENTLY RESIDING AT HOYSALA LAYOUT, 4TH CROSS, AMRUTHAHALLI, BENGALURUR- 560 092.

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…APPELLANT

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(BY SRI. GOPALKRISHNA N, ADVOCATE FOR SMT. SUSHMITHA G., ADVOCATE)

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Digitally signed by AND: PADMASHREE SHEKHAR 1. SRI SHAIK HUSSAIN DESAI S/O SHAIK BUDDE BAI, Location: High Court of MAJOR IN AGE, Karnataka RESIDING AT NO.1-351, ISLAMPOOR COLONY, BUKKARAYA SAMUDRAM, B.K. SAMUDRAM, ANDHRA PRADESH-515701.

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2 - NC: 2026:KHC:20284 MFA No. 6455 of 2024

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HC-KAR

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THE CHOLAMANDALAM M.S GENERAL INSURANCE CO. LTD, UNIT NO.4, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX, 59TH CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4TH 'M' BLOCK, BENGALURU - 560010. REP BY ITS MANAGER

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI. B PRADEEP, ADVOCATE FOR R2; V/O DTD 19.02.2025 NOTICE TO R1 D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2023 PASSED IN MVC NO.3026/2021 ON THE FILE OF I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, SCCH-11, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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3 - NC: 2026:KHC:20284 MFA No. 6455 of 2024

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HC-KAR

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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 02.01.2023 passed in MVC No.3026/2021 on the file of the I Additional Small Causes Judge and MACT, Bengaluru, (SCCH-11), seeking enhancement of compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as before the Tribunal for the sake of

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convenience.

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The petitioner/injured claimant met with an accident on 24.03.2021 and filed a petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal, considering the entire evidence on record granted an amount of Rs.5,20,986/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of

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HC-KAR

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realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured sustained fracture injuries, which are grievous in nature. He also examined the doctor as P.W.2 and he assessed the disability of the left lower limb at 46% and that of the whole body at 15%. However, the Tribunal erred in taking the disability at 12%. It is further contended that the compensation granted by the Tribunal under other heads are also meager. Therefore, requested for enhancement of the compensation.

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Learned counsel for respondent No.2 stated

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that the Tribunal has rightly assessed the disability and has granted reasonable amounts under other heads and it is to be confirmed.

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Though the petitioner/injured has stated that he

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was working as a plumber and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be

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HC-KAR

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taken at Rs.15,000/- per month, as per the chart prepared

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by the Karnataka State Legal Services Authority. The petitioner was aged 29 years and the relevant multiplier applicable is '17'.

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Ex.P.6 is the wound certificate and Ex.P.10 is

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the discharge summary. The petitioner also examined the doctor as PW.2, an Orthopaedic Surgeon and he stated that the petitioner sustained a left posterior wall acetabular fracture and was treated with ORIF with an 8 holed RECON plate. The petitioner complains of weakness and pain in the left hip and difficulty in sitting, squatting, sitting cross-legged and perform his work. Clinical examination reveals painful gait, restricted movements of the left hip joint, wasting of the left gluteal muscles. The X-ray of the left hip joint shows united acetabular fracture with implant in situ. The doctor assessed the total disability of the left lower limb at 46% and the whole body disability at 15%. He further stated that the petitioner requires another surgery for removal of implants and

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HC-KAR

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estimated the cost of the surgery as Rs.60,000/-. The Tribunal observed that the petitioner can do his work with difficulty and accordingly taken the functional disability at 12%. However, considering the medical evidence, onethird of 46% comes to 15%. Therefore, this Court finds it reasonable to take the disability as 15%, loss of future earning capacity comes to Rs.15,000/- x 12 x 17 x 15% = Rs.4,59,000/- . The Tribunal has granted Rs.23,586/- towards medical expenses and the said amount is confirmed. The petitioner was hospitalized for a period of 11 days. The Tribunal has granted Rs.55,000/- towards pain and suffering and the said amount is confirmed. The petitioner is entitled for Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 3 months. Therefore, Rs.45,000/- (Rs.15,000 x 3) is to be granted under the head loss of income during the laid up

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HC-KAR

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period. This Court also finds it reasonable to grant an

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amount of Rs.30,000/- towards future medical expenses.

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Thus in all, compensation awarded by this Court

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is as below:

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Particulars	Amount in Rs.
Loss of future earning capacity	4,59,000
Medical Expenses	23,586
Pain and Suffering	55,000
Loss of amenities	25,000
Transportation, extra nourishment and attendant charges	30,000
Loss of income during laid up period	45,000
Future Medical Expenses	30,000
Total	6,67,586

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Hence, the appellant-claimant is entitled for a

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total compensation of Rs.6,67,586/- 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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HC-KAR

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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 02.01.2023 passed in MVC No.3026/2021 on the file of the I Additional Small Causes Judge and MACT, Bengaluru, (SCCH-11), is modified.

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iii. The claimant is entitled to a sum of Rs.6,67,586/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.5,20,986/granted by the tribunal.

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iv. Respondent No.2 has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.1,46,600/- along with the interest at the rate of 6% within one month from the date of this order.

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HC-KAR

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v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same.

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vi. The claimant is not entitled for interest for the delay period of 538 days as per the order on I.A.No.1/2024 dated 10.04.2026.

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Sd/(P SREE SUDHA) JUDGE

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AMA,SHS List No.: 1 Sl No.: 22

Sri Randheer Kumar v. Sri Shaik Hussain

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Sri Randheer Kumar v. Sri Shaik Hussain

Case brief

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