Sri.Rajachari H .S. Vs Sri.Mahesh S.P.

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.05.2025 PASSED IN MVC NO.347/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, BELUR, 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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ORAL JUDGMENT

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This appeal is preferred against the award of the Tribunal dated 03.05.2025 passed in MVC No.347/2021 by the Senior Civil Judge and MACT, Belur (for short ‘Tribunal’).

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Injured claimant met with an accident on 14.09.2020 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,43,974/with interest at the rate of 6% per annum from date of

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3 - NC: 2026:KHC:13453 MFA No. 6554 of 2025

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HC-KAR

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petition till realisation. Aggrieved by the said award, the appellant has preferred this appeal.

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Learned counsel for the appellant submits that petitioner sustained grievous injuries and took treatment as an inpatient for 30 days and spent Rs.3,00,000/-. He was doing carpentry work and agriculture and earning Rs.30,000/- per month. He further submits that the Tribunal failed to award proper compensation under the head of loss of pain and suffering, medical expenditure and future medical expenditure, loss of earning during treatment period. He states that the Tribunal has not considered the permanent disability and the loss of income is not calculated properly. Therefore, requested for enhancement of the compensation.

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Heard learned counsels on both sides.

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Though, petitioner has stated that he was earning

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Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2020, his notional

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4 - NC: 2026:KHC:13453 MFA No. 6554 of 2025

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HC-KAR

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income is to be taken as Rs.14,500/- per month as per the chart prepared by the State Legal Services Authority. He was aged 55 years and the multiplier is 11. As per Ex.P5 wound certificate, he sustained grievous injuries such as tenderness over left shoulder region associated with clavicle fracture and pain over facial region associated with left maxilla and bilateral nasal bone fracture. He has also examined the doctor as PW2 and he stated that petitioner has sustained physical disability 10.95% in left upper limb. So, 1/3^rd of 10.95% comes to 3.65% i.e., 4% disability is to be taken. Hence, loss of future earning capacity comes to Rs .76,560/- (14,500x11x12x4%). The Tribunal had granted Rs.2,45,613/- towards medical expenses as per Ex.P11 to Ex.P71 and it is confirmed. He was hospitalized for 9 days. The Tribunal has granted reasonable amounts under the other heads and this Court finds no reason to interfere.

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Accordingly, the compensation awarded by the Tribunal is re-assessed as follows;

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NC: 2026:KHC:13453 MFA No. 6554 of 2025

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HC-KAR

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Particulars	Rs.	Amount
Loss of future earning	Rs.	76,560.00
Pain and suffering	Rs.	35,000.00
Medical expenses	Rs.	2,45,613.00
Attendant charges and nutritious food	Rs.	15,000.00
Conveyance/traveling expenses	Rs.	15,000.00
Loss of amenities	Rs.	20,000.00
Loss of income during the treatment and rest period	Rs.	43,500.00
Total compensation	Rs.	4,50,673.00

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The compensation is enhanced from Rs.4,43,974/-

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to Rs.4,50,673/-. The appellant is entitled for the enhanced compensation of Rs.6,699/- along with interest at 6% p.a., from the date of filing of the petition, till its actual realization.

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Accordingly, I pass the following:

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ORDER

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The appeal is allowed .

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NC: 2026:KHC:13453 MFA No. 6554 of 2025

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HC-KAR

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The compensation awarded by the Tribunal is modified and re-assessed as indicated above.

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The respondent No.2 is directed to deposit the enhanced compensation of Rs.6,699/- with interest at the rate of 6 % p.a., within a period of one month from the date of this order.

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On such deposit, the petitioner is permitted to withdraw the entire amount along with the accrued interest.

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Draw the award accordingly.

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Sd/(P SREE SUDHA) JUDGE

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RJ List No.: 1 Sl No.: 12

Sri.Rajachari H .S. v. Sri.Mahesh S.P.

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Sri.Rajachari H .S. v. Sri.Mahesh S.P.

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