Sri Kempegowda Vs Smt Prema P B

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2022 PASSED IN MVC NO.7492/2019 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU,

¶18

2 -

¶19

NC: 2026:KHC:35304 MFA No. 7565 of 2022

¶20

HC-KAR

¶21

PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

¶24

ORAL JUDGMENT

¶25

The claimant, being dissatisfied with the compensation of

¶26

Rs.4,70,022/- awarded by the Tribunal, is in appeal.

¶27

The fact that the accident occurred and the further fact

¶28

that the offending vehicle was insured are not in dispute.

¶29

The Tribunal, on assessment of evidence, has awarded

¶30

the following sums as compensation:

¶31

Sl. No.	Particulars	Amount in (Rs.)
1.	Loss of future income	3,02,400
2.	Pain and sufferings	20,000
3.	Medical expenses	1,17,622
4.	Loss of income during laid up period	15,000
5.	Loss of amenities and nutrition food	10,000
6.	Attendant charges and conveyance	5,000
	Total	4,70,022

¶32

3 -

¶33

NC: 2026:KHC:35304 MFA No. 7565 of 2022

¶34

HC-KAR

¶35

The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 12% to the whole body.

¶36

I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has deformed right hand and wrist, decreased dorsiflexion and palmar flexion in the right wrist, fixed flexion deformity of the right middle and right finger, blunting sensation over the dorsum of the right hand and further, x-ray shows united fracture of the right metacarpals and reduced right wrist joint.

¶37

Since the Doctor has assessed the disability to the right hand at 59% and 20% to the whole body, I am of the view that it would be just and appropriate to assess the whole body disability at 16%. Accordingly, the disability suffered by the claimant would be at 16 %.

¶38

The Tribunal has rightly determined the notional monthly income at Rs.14,000/-, which remains unaltered, as the same is proper and adequate.

¶39

4 - NC: 2026:KHC:35304 MFA No. 7565 of 2022

¶40

HC-KAR

¶41

As the claimant was aged 37 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,03,200/- (Rs.14,000 x 12 x 15 x 16%) towards 'loss of future income'.

¶42

The amount of Rs.15,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 X 3 months).

¶43

Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal.

¶44

Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards ‘ loss of amenities and nutrition food’ , as against the sum of Rs.10,000/- awarded by the Tribunal.

¶45

Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Attendant charges and conveyance’ at Rs.10,000/- as against the sum of Rs.5,000/- awarded by the Tribunal.

¶46

5 - NC: 2026:KHC:35304 MFA No. 7565 of 2022

¶47

HC-KAR

¶48

The compensation of Rs.1,17,622/- awarded by the Tribunal under head of ‘ Medical Expenses’ remains unaltered as the same is proper and adequate.

¶49

Consequently, the award of the Tribunal is modified and

¶50

the claimant would be entitled to the following compensation:

¶51

Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Loss of future income	3,02,400	4,03,200
2.	Pain and sufferings	20,000	50,000
3.	Medical expenses	1,17,622	1,17,622
4.	Loss of income during laid up period	15,000	42,000
5.	Loss of amenities and nutrition food	10,000	30,000
6.	Attendant charges and conveyance	5,000	10,000
7.	Total	4,70,022	6,52,822

¶52

Thus, the claimant is held entitled to the total compensation of Rs.6,52,822/- as against Rs.4,70,022/-,

¶53

NC: 2026:KHC:35304 MFA No. 7565 of 2022

¶54

6 -

¶55

HC-KAR

¶56

along with interest at the rate of 6% per annum from the date of petition till its realization.

¶57

The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

¶58

The appeal is accordingly allowed in part .

¶59

Sd/(RAJESH RAI K) JUDGE

¶60

HA

¶61

LIST NO.: 1 SL NO.: 7

Sri Kempegowda v. Smt Prema P B

Case brief

What is this about?

What did the court decide?

Sri Kempegowda v. Smt Prema P B

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mr Suresh D L Vs Sri Kenchaiah

Smt. Bhavani Vasantha Moger Vs Mr. Hafiza S Mulla(Major)

M /S Vinayaka Hospital Vs the Manager

Rathnamma Vs Ganesh

Prabhu T v Vs Rangaswamy

Smt. Pallavi Vs Krishnappa