Kum. Lekhana Priya Vs M/S Universal Textile Mills

KUM. LEKHANA PRIYA D/O. ERANNA, AGED ABOUT 10 YEARS, SINCE MINOR REP BY HER MOTHER/NATURAL GUARDIAN, SMT. BHAGYAMMA W/O. ERANNA, BOTH ARE R/AT NO. 211/1, REDDY HALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT

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…APPELLANT

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(BY SRI. JAGADEESH H T., ADVOCATE)

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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AND:

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M/S UNIVERSAL TEXTILE MILLS NO. 44-A AND 46/3, GUDANATI MAIN ROAD, NERALUR POST, ATTIBELE, ANEKAL TALUK, BANGALORE 562107, BANGALORE 560022

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THE MANAGER ORIENTAL INSURANCE CO LTD, REGIONAL OFFICE,

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2 -

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NC: 2026:KHC:36875 MFA No. 6818 of 2016

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HC-KAR

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CNR: KAHC010411342016

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NO. 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 022.

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…RESPONDENTS (BY SRI.M.S.SRIRAM, ADVOCATE FOR R-2; V/O DT.26.03.2021, NOTICE TO R-1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.4.2016 PASSED IN MVC NO.4055/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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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Heard the arguments of both sides.

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This appeal is filed by the appellant/claimant

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under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 20.04.2016 passed in MVC No.4055/2015, by the Member, Principal,

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3 - NC: 2026:KHC:36875 MFA No. 6818 of 2016

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HC-KAR

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CNR: KAHC010411342016

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MACT, Bangalore (SCCH-1), (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of

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compensation.

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The claimant, a minor girl aged 9 years, met with a road traffic accident on 25.08.2015. Her mother, representing her as the natural guardian, filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal after considering the entire evidence on record granted an amount of Rs.1,25,000/- with interest at the rate of 9% per annum from the date of petitioner till realisation.

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Aggrieved by the said order, the appellant/claimant preferred this appeal, contending mainly that she sustained fracture of four bones of her right leg and suffered permanently disability. She also examined PW.2, the doctor, who assessed the disability as 11%. However, the Tribunal erred in taking the same as 10%. The amounts granted by the Tribunal under the other heads are also meager. Therefore, requested for

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4 - NC: 2026:KHC:36875 MFA No. 6818 of 2016

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HC-KAR

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CNR: KAHC010411342016

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enhancement of the compensation. Learned counsel for respondent No.1 submitted that the Tribunal has rightly considered the disability at 10% and that the same is liable to be confirmed.

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The appellant met with an accident on 25.08.2015 and this Court finds it reasonable to take the notional income at Rs.9,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. As the child was aged 9 years, the relevant multiplier is '18'.

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The petitioner produced Ex.P8 - Wound Certificate and Ex.P9 - Discharge Summary and examined PW.2, the Orthopaedic Surgeon. PW.2 deposed that the petitioner sustained the following injuries:

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i. Distal 1/3rd both bone (L) leg fracture. ii. Multiple abrasion over (L) foot.

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He further deposed that the petitioner was treated with abrasion wound dressing and after the wound had healed,

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5 - NC: 2026:KHC:36875 MFA No. 6818 of 2016

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HC-KAR

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CNR: KAHC010411342016

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closed reduction with above-knee plaster was applied for

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the fracture of both bones of the left leg. She was discharged on 09.09.2015 with advice to attend follow-up treatment in the OPD. She attended the OPD on four occasions after her discharge.

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PW.2 examined the petitioner on 11.03.2016. She complained of pain with decreased range of movement of the left ankle and subtalar joint, limping of the left lower limb, difficulty in walking long distances, climbing stairs, sitting cross-legged, squatting, and carrying out her dayto-day activities.

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On examination of the left leg and ankle, valgus

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angular deformity was noticed at the lower one-third of the leg. Joint-line tenderness and tenderness over the fracture site were present. The range of dorsiflexion was decreased by 10°, plantar flexion by 5°, eversion by 5°, and inversion by 5°. Calf muscle wasting of 1 cm was also noted. The X-ray of the left leg with ankle, taken on

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6 - NC: 2026:KHC:36875 MFA No. 6818 of 2016

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HC-KAR

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CNR: KAHC010411342016

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11.03.2016, revealed a malunited fracture of the lower

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one-third of both bones of the left leg with angular deformity. PW.2 assessed the permanent disability at 11.21%. Therefore, considering the nature of the injuries and the age of the petitioner, this Court finds it reasonable to assess the permanent disability at 11%, in accordance with the medical evidence. Accordingly, the loss of future earning capacity is calculated as Rs.9,000/- × 12 × 18 × 11% = Rs.2,13,840/-.

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She was admitted in the hospital for a period of 15 days. Therefore, this Court finds it reasonable to grant and amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/towards transportation, extra nourishment and attendant charges.

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The Tribunal has awarded Rs.10,000/- towards medical expenses, and the said amount is hereby confirmed.

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HC-KAR

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NC: 2026:KHC:36875 MFA No. 6818 of 2016

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CNR: KAHC010411342016

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Thus, the compensation awarded by this Court

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is as follows:

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Particulars Amount
in Rs.
Loss of future earning 2,13,840.00
capacity
Pain and suffering 50,000.00
Loss of amenities 25,000.00
Transportation, extra 30,000.00
nourishment and attendant
charges
Medical expense 10.000.00
Total 3,28,840.00

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In summary, the appellant/claimant is entitled

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to a total compensation of Rs.3,28,840/- as against

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Rs.1,25,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.2,03,840/- To this extent,

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the award passed by the Tribunal is modified.

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In the result, pass the following:

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ORDER

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i. The appeal is allowed in part.

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HC-KAR

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NC: 2026:KHC:36875 MFA No. 6818 of 2016

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CNR: KAHC010411342016

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ii. The judgment and award dated 20.04.2016 passed in MVC No.4055/2015, by the Member, Principal, MACT, Bangalore (SCCH-1), is hereby modified;

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iii. The appellant-claimant is entitled to enhanced compensation of Rs.3,28,840/with interest at the rate of 6% per annum from the date of petition till its realization.

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iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal and directed to deposit enhanced compensation of Rs.2,03,840/with interest rate of 6% within one month from the release of such deposit.

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v. The mother of the minor child is permitted to withdraw the compensation amount along with interest accrued on it.

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Sd/(P SREE SUDHA) JUDGE

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TMP

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List No.: 1 Sl No.: 40

Kum. Lekhana Priya v. M/S Universal Textile Mills

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Kum. Lekhana Priya v. M/S Universal Textile Mills

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