Jayashankar P Vs the Manager

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2020 PASSED IN MVC NO. 1891/2018 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER-MACT, BENGALURU (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 578/2021

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BETWEEN:

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RANJITH KUMAR RAJARAMAN S/O RAJARAMAN, AGED ABOUT 27 YEARS, R/AT NO 70, NORTH STREET, AMMANPETTAI, THIRUVAIYARU TALUK, RAJENDRAM THANJAVURU, VEDIAPURAM, TAMILNADU-613 205

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...APPELLANT

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(BY SRI. NAIK KRISHNA VENKATARAMAN, ADVOCATE)

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3 - NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021

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HC-KAR

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AND:

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THE MANAGER UNITED INDIA INSURANCE CO LTD., BANGALORE BANCASSURANCE HUB, IFCI BHAVAN, NO.2, CUBBONPET MAIN ROAD, N.R SQUARE BANGALORE-560 002

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MR. JAYARAM C S/O SIDDANAYAKA, MAJOR, R/O AT NO.12/02, HARSHA LAYOUT, MUDDANA GARDEN, KENGERI, BANGALORE-560 06

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...RESPONDENTS

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(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2020 PASSED IN MVC NO.1892/2018 ON THE FILE OF THE XIV ADDITIONAL SCJ AND ACMM AND MEMBER, MACT, BENGALURU SCCH-10, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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4 -

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NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021

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HC-KAR

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ORAL JUDGMENT

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IN MFA NO.646/2021:

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The claimant, being dissatisfied with the compensation of Rs.3,32,263/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded

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the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Towards Disability	1,00,000
2.	Towards Pain and suffering	40,000
3.	Towards Loss of amenities	20,000
4.	Towards Nourishment, conveyance and attendant charges	5,000
5.	Towards Medical expenses	1,17,263
6.	Towards Loss of income during laid up period & rest period	50,000
	Total	3,32,263,

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5 - NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021

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HC-KAR

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Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.75,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.3,32,263/-. Thus, the claimant is held entitled to the total compensation of Rs.4,07,263/- as against Rs.3,32,263/-. However, no interest is awarded in respect of global compensation of Rs.75,000/-.

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The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed.

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IN M.F.A.NO.578/2021:

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The claimant, being dissatisfied with the compensation of Rs.3,67,741/- awarded by the Tribunal, is in appeal.

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6 - NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021

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HC-KAR

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded

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the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Towards Disability	1,20,000
2.	Towards Pain and suffering	50,000
3.	Towards Loss of amenities	25,000
4.	Towards Nourishment, conveyance and attendant charges	5,000
5.	Towards Medical expenses	1,37,741
6.	Towards Loss of income during laid up period & rest period	30,000
	Total	3,67,741

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Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e.,

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NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021

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7 -

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HC-KAR

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Rs.3,67,741/-. Thus, the claimant is held entitled to the total compensation of Rs.4,17,741/- as against Rs.3,67,741/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-.

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The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is

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partly allowed.

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SD/(RAJESH RAI K) JUDGE

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CR

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List No.: 1 Sl No.: 35

Jayashankar P v. the Manager

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Jayashankar P v. the Manager

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