Chirag Jeevan Vs Pradeep P

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.06.2024 PASSED IN MVC NO.510/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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 by the appellant-claimant

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against the award dated 26.06.2024 passed in MVC No.510/2020 by the Court of Additional Senior Civil Judge, MACT, Srirangapatna [for short 'Tribunal'] claiming enhancement of compensation.

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2 . The claimant Chirag Jeevan met with an accident on 15.02.2020 and filed claim petition claiming compensation of Rs.21,40,000/- along with interest

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3 - NC: 2026:KHC:7339 MFA No. 7527 of 2024

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HC-KAR

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towards injuries sustained by him. The Tribunal considering the evidence on record granted compensation of ₹3,50,209/- along with interest at 6% p.a. from the date of petition till the date of deposit of the amount in the Tribunal. Aggrieved by the said order, this instant appeal is preferred in which he mainly contended that appellantclaimant sustained grievous injuries as per Ex.P6 and admitted in the hospital for 6 days and took treatment. The appellant-claimant was agriculturist and doing milk vending business and earning ₹18,000/- per month but the Tribunal has taken the income as Rs.8,781/- which is very meager. Lastly, he contends that amounts granted by the Tribunal under other heads are meager and therefore, requested for enhancement of compensation.

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Heard the arguments advanced by the learned

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counsel for appellant and learned counsel for respondents.

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The appellant-claimant was agriculturist and doing milk vending business earning ₹18,000/- per month.

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4 - NC: 2026:KHC:7339 MFA No. 7527 of 2024

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HC-KAR

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But he has not filed any document to prove the same. Since the accident occurred in the year 2020, his notional income to be taken as ₹ 14,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. The petitioner is aged 19 years at the time of accident and the appropriate multiplier to be taken is '18'. As per Exhibit P6- wound certificate, the appellantclaimant sustained injuries such as lacerated wound over second and third toe of right foot over, fracture of head of distal phalanx by toe and partial amputation and 2^nd and 3^rd toe fracture of calcanum bone which are grievous in nature. Further, the doctor who was examined as CW.1 stated that the petitioner complains of occasional debridement and curatage suturing of right heel, distal phalynx fixation, nail bed avulsion fixation with K wire and suturing 2^nd and 3^rd toe distal amputation and suturing and on recent examination found swelling over right ankle and foot region, limping or right lower limb present, pain over right heel present, stiffness and restriction of ankle joint

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5 - NC: 2026:KHC:7339 MFA No. 7527 of 2024

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HC-KAR

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present and also assessed disability of right lower limb at 20% but the Tribunal has considered at 6%. Accordingly, the loss of future earning capacity comes to ₹1,87,920/-(14,500/-x12x18x6/100).

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The Tribunal has granted Rs.1,61,596/- towards medical expenses based on the medical bills and prescription produced by the appellant-claimant which are at Ex.P10 and this Court deems it fit to retain the same and hence, needs no interference. Considering the nature of injuries sustained, hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of ₹50,000/- towards pain and suffering, ₹25,000/towards loss of amenities ₹25,000/towards transportation, special diet and attendant charges. Further, the petitioner might not have attended to any other work at least for a period of three months. Therefore, this Court finds it appropriate to grant an amount of ₹ 43,500/- towards loss of income during laid up period.

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6 - NC: 2026:KHC:7339 MFA No. 7527 of 2024

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HC-KAR

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Thus in all, components awarded by this Court

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are as below,

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Particulars	Amount in Rs.
Loss of future earning	1,87,920.00
Medical expenses	1,61,596.00
Pain and suffering	50,000.00
Loss of amenities	25,000.00
Transportation, special diet and attendant charges	25,000.00
Loss of income during laid up period	43,500.00
Total	4,93,016.00

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Compensation is enhanced from Rs.3,50,209/-

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to ₹4,93,016/- and the enhanced compensation is ₹ 1,42,807/-, which carries interest at the rate of 6% per

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annum. Further, the insurance company has already deposited the award amount before the Tribunal.

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In the result, the following order is passed:

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ORDER

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i. The appeal is allowed in part .

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7 -

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NC: 2026:KHC:7339 MFA No. 7527 of 2024

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HC-KAR

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ii. The judgment and award dated 26.06.2024 passed in MVC No.510/2020, by the Court of Additional Senior Civil Judge, MACT, Srirangapatna, is modified;

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iii. Respondent No.3 is directed to deposit the enhanced compensation of Rs.1,42,807/with interest at the rate of 6% per annum within one month from the date of this order on such deposit and

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iv. Appellant-claimant is permitted to withdraw the entire compensation with interest accrued on it.

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Sd/- (P SREE SUDHA) JUDGE

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SSD

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List No.: 1 Sl No.: 4

Chirag Jeevan v. Pradeep P

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Chirag Jeevan v. Pradeep P

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