Sri Sanjay Kumar G T Vs M/S Reliance G.I.C Ltd.

SRI SANJAY KUMAR G T S/O THIMMAIAH AGED ABOUT 29 YEARS RESIDING AT: HOSAGABBADI VILLAGE KAGGALAHALLI POST, HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA-562 112.

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AND ALSO AT No. 10 5^TH CROSS, MS. LAYOUT JARAGANAHALLI, J.P.NAGAR POST BENGALURU-560 078.

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…APPELLANT

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(BY SRI GURUDEVA PRASAD K T, ADVOCATE)

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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AND:

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M/S RELIANCE G.I.C LTD., BY ITS MANAGER T. P.CLAIMS HUB, No.28 5^TH FLOOR, CENTENARY BUILDING EAST WING M.G.ROAD BENGALURU-560 001.

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SRI AMBANNA S/O MAREPPA AGED ABOUT 35 YEARS R/AT KAREGUDDA VILLAGE

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HC-KAR

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MANVI TALUK RAICHUR DISTRICT- 584 101.

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…RESPONDENTS

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(BY SRI B. PRADEEP, ADVOCATE FOR R1 V/O DTD. 24.09.2025 NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.04.2025 PASSED IN MVC No.695/2024 ON THE FILE OF THE MACT, VTH ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-20), 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 filed by the claimant seeking enhancement of compensation awarded in the judgment

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and award dated 25.02.2025 passed in MVC No.695/2024

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by V Additional Judge and XXIV ACJM and MACT, Bengaluru (SCCH-20).

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

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HC-KAR

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3. The appellant -claimant made claim petition praying to award compensation for injury sustained by him in a road traffic accident which took place on 15.01.2024 contending that the accident occurred due to rash and negligent driving of driver of vehicle bearing registration No.KA-36/EY-0860. The Tribunal recorded evidence, appreciating evidence on record assessed the compensation and awarded compensation under different heads as under:

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Sl. No.	Particulars	Amount
1	Towards medical expenses, attendant charges, transportation, nourishing food	Rs.15,872/-
2	Loss of income during the laid up period	Rs.16,500/-
3	Loss of income on account of permanent disability	Rs.4,37,580/-
4	Pain & sufferings	Rs.20,000/-
5	Loss of amenities	Rs.20,000/-
6	Cost of additional surgery	Rs.20,000/-
	Total	Rs.5,29,952/-

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The Tribunal has also awarded interest at the rate of 6% per annum from the date of filing of the petition till

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HC-KAR

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realization and directed to respondent No.1 -insurer to pay the award amount with interest. The claimant seeking enhancement of the compensation has filed the present appeal.

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4. Heard learned counsel for the appellant and learned counsel for respondent No.1.

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6. Learned counsel for the appellant would contend that the claimant has sustained left hand radius fracture and ORIF with plating was done. Considering the same, compensation awarded by the Tribunal for the pain and suffering and loss of amenities are on lower side. The claimant has been admitted to the hospital for 07 days and he took rest for 02 months. Considering the same, compensation awarded for loss of income during laid up period is on lower side. The claimant requires to undergo surgery for removal of plating for that he requires future medical expenses in sum of Rs.40,000/- as deposed by P.W.3 -doctor. With these, he prays to allow the appeal and enhancement of compensation.

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HC-KAR

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7. Learned counsel for respondent No.1 -

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insurer would contend that the Tribunal has awarded the just and fair compensation under all heads and there are no grounds for enhancement.

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8. Having heard learned counsels, this Court has perused impugned judgment and award.

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9. The claimant has sustained left hand radius fracture and ORIF with plating was done. Considering the said fracture, the compensation awarded by the Tribunal for pain and suffering requires to be enhanced to Rs.30,000/- as against Rs.20,000/- and loss of amenities in sum of Rs.30,000/- as against Rs.20,000/as awarded by the Tribunal.

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10. The claimant has been admitted in hospital for 07 days and considering the injury sustained, he took rest for 02 months and therefore, he is entitled for

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loss of income during laid up period in a sum of Rs.33,000/- (Rs.16,500/- x 2) as against Rs.16,500/- as awarded by the Tribunal.

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HC-KAR

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11. The doctor who examined the injured has

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given evidence that for removal of plating, the claimant has to undergo surgery and the cost of the said surgery is around Rs.40,000/-. Considering the same, cost of future medical expenses is enhanced from Rs.20,000/- to Rs.30,000/-. The claimant has not sought enhancement of compensation under other heads. The claimant is entitled

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to total compensation as under:

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Sl. No.	Particulars	Amount
1	Towards medical expenses, attendant charges, transportation, nourishing food	Rs.15,872/-
2	Loss of income during the laid up period	Rs.33,000/-
3	Loss of income on account of permanent disability	Rs.4,37,580/-
4	Pain & sufferings	Rs.30,000/-
5	Loss of amenities	Rs.30,000/-
6	Cost of additional surgery	Rs.30,000/-
	Total	Rs.5,76,452/-

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The claimant is entitled to total compensation of

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Rs.5,76,452/- as against Rs.5,29,952/- as awarded by the Tribunal with interest at the rate of 6% per annum from

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HC-KAR

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the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.46,500/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.1 - insurer is liable to pay the said enhanced compensation amount with interest.

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12. 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 appellant -claimant is entitled to enhanced compensation of Rs.46,500/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.1 -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 of compensation.

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NC: 2026:KHC:30954 MFA No. 7154 of 2025

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