Radha K H Radhamma Vs S K Aruna

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.12.2024 PASSED IN MVC No.115/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU DISTRICT, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is file by the claimant seeking enhancement of compensation awarded in the judgment and award dated 05.12.2024 passed in MVC No.115/2023 by Senior Civil Judge and M.A.C.T., Kadur.

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2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of

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3 -

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NC: 2026:KHC:33251 MFA No. 6988 of 2025

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HC-KAR

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learned counsel for the appellant and learned counsel for respondent No.3 –insurer.

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3. The appellant -claimant made a claim petition for the injury sustained by her in a road traffic accident which occurred on 02.11.2022, contending that the accident occurred due to the rash and negligent driving of rider of Hero Moto Corp Passion Pro motorcycle bearing registration No.KA-66/J-1668. The Tribunal, after recording the evidence and appreciating the evidence on record, has awarded the compensation under different heads as under:

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Towards loss of future earnings	Rs.2,41,800/-
Towards Medical expenses	Rs.39,337/-
Towards Pain and suffering	Rs.50,000/-
Towards Attendant charges	Rs.4,000/-
Towards Loss of amenities	Rs.50,000/-
Towards Special diet	Rs.5,000/-
Towards Transportation charges	Rs.5,000/-
Total	Rs.3,95,137/-

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4. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realisation and directed to respondent No.3 -insurer to pay

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NC: 2026:KHC:33251 MFA No. 6988 of 2025

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HC-KAR

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the award amount with interest. The claimant seeking

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enhancement has filed the present appeal.

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5. Heard learned counsel for the appellant and learned counsel for respondent No.3 –insurer.

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6. Learned counsel for the appellant would contend that the appellant has sustained comminuted iliac wing fracture, superior pubic and inferior public rami. Considering the said aspect, the compensation awarded for pain and suffering is on lower side. He further submits that the claimant has been admitted in the hospital for 09 days and took rest for 06 months. Considering the same, he is entitled to loss of income during the laid up period for 06 months and enhancement in attendant and conveyance charges. He further submitted that the loss of amenities awarded by the Tribunal is also on lower side. With this he prays to allow the appeal and enhancement of compensation.

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5 - NC: 2026:KHC:33251 MFA No. 6988 of 2025

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HC-KAR

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7. Learned counsel for respondent No.3 –insurer

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would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement.

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8. Having heard learned counsels, the court has

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perused the impugned judgment and award.

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9. P.W.2 is the doctor who has examined the claimant and issued disability certificate and he has stated that the claimant has sustained comminuted iliac wing fracture, superior pubic and inferior public rami and stated that it is uncommon under medical jurisprudence and difficult to treat the fracture of illiam bone in the pelvis, it causes intense pain, inability to move part of the body, the pain worsens when walking or moving the legs it causes numbness or tingling and difficulty in walking and standing. Considering the said injury and evidence of P.W.2, the compensation awarded by the Tribunal towards pain and suffering requires to enhance from Rs.50,000/to Rs.75,000/-. The claimant has been admitted in hospital

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HC-KAR

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for 09 days and considering the fractures sustained, she requires rest at least for a period of 03 months. Considering the said aspect, the claimant is entitled to loss of income during the laid up period for 03 months in a sum of Rs.46,500/- (15,500/- x3 months). The claimant is entitled to attendant and conveyance charges at Rs.1,000/- per day for 09 days in a sum of Rs.9,000/-. The compensation awarded by the Tribunal for loss of amenities and other heads are just and proper. Considering the above aspects, claimant is entitled to total compensation under different heads as under:

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Towards loss of future earnings	Rs.2,41,800/-
Medical expenses	Rs.39,337/-
Pain and suffering	Rs.75,000/-
Attendant charges	Rs.9,000/-
Loss of income during laid up period	Rs.46,500/-
Loss of amenities	Rs.50,000/-
Special diet	Rs.5,000/-
Transportation charges	Rs.5,000/-
Total	Rs.4,71,637/-

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10. The claimant is entitled to total compensation of Rs.4,71,637/- with interest. Consequently, the claimant is

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HC-KAR

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entitled to enhanced compensation of Rs.76,500/- (Rs.4,71,637/- minus Rs.3,95,137/-) with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.3 -insurer is liable to pay the said enhanced compensation with interest.

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11. In view of the above, the following

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ORDER

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i) The appeal is allowed in part.

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ii) The claimant is entitled to enhanced

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compensation of Rs.76,500/- with interest at the rate of 6% per annum from the date of petition till realization.

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iii) Respondent No.3 -insurer shall deposit the enhanced compensation with interest before the tribunal within a period of 06 weeks from this day, failing which it is liable to pay interest at the rate of 9% per annum from this day till payment.

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HC-KAR

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iv) The claimant is entitled to release of entire enhanced compensation.

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v) The claimant is not entitled to interest for the delay period of 182 days in filing the appeal.

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vi) The claimant is also entitled to interest on compensation awarded by the Tribunal under the head of loss of future earnings at the rate of 6% per annum from the date of petition till realization.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 44

Radha K H Radhamma v. S K Aruna

Case brief

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Radha K H Radhamma v. S K Aruna

Case brief

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