Sri Raghavendra Vs Puttaswamy

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2022 PASSED IN MVC NO.200/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT, HASSAN.

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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 RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.4,33,329/- awarded by the Tribunal in MVC No.200/2021 vide judgment and award dated 04.04.2022, is in appeal.

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The fact that the accident occurred and the further fact

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that the offending vehicle was insured is not in dispute.

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3 - NC: 2026:KHC:36774 MFA No. 7647 of 2022

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HC-KAR

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CNR: KAHC010513502022

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	50,000
2.	Medical expenses	79,729
3.	Diet, food, nourishment, attendant and conveyance	25,000
4.	cha ges Loss of income during laid up period	39,000
5.	Loss of future income	1,99,600
6.	Loss of amenities	25,000
7.	Future medical expenses	15,000
	Total	4,33,329

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The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body.

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4 -

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HC-KAR

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NC: 2026:KHC:36774 MFA No. 7647 of 2022

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CNR: KAHC010513502022

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I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate, I deem it appropriate to take 10% disability to the whole body.

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The Tribunal has determined the monthly income, notionally at Rs.13,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2020 would be Rs.14,500/-.

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As the claimant was aged 34 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,78,400/- (Rs.14,500 x 12 x 16 x 10%) towards 'loss of future income'.

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As a consequence, the amount of Rs.14,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.43,500/- (Rs.14,500 X 3).

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5 - NC: 2026:KHC:36774 MFA No. 7647 of 2022

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HC-KAR

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CNR: KAHC010513502022

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.35,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal.

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The sum awarded as medical expenses at Rs.79,729/-, being based on documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

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Consequently, the award of the Tribunal is modified and

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the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	50,000	50,000
2.	Medical expenses	79,729	79,729

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6 - NC: 2026:KHC:36774 MFA No. 7647 of 2022

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HC-KAR

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CNR: KAHC010513502022

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	Diet, food, nourishment,
3.	attendant and conveyance charges	25,000	25,000
4.	Loss of income during laid up period	39,000	43,500
5.	Loss of future income	1,99,600	2,78,400
6.	Loss of amenities	25,000	35,000
7.	Future medical expenses	15,000	15,000
	Total	4,33,329	5,26,629

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Thus, the claimant is held entitled to the total compensation of Rs.5,26,629/- as against Rs.4,33,329/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Tribunal has erred while awarding interest to the compensation. As per the law laid down by Division Bench of this Court in MFA No.5896/2018 the rate of interest to be awarded shall be 6%. Hence the same is reduced to 6% as against 9% awarded by the Tribunal.

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7 -

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HC-KAR

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NC: 2026:KHC:36774 MFA No. 7647 of 2022

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CNR: KAHC010513502022

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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.

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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GPG List No.: 1 Sl No.: 13

Sri Raghavendra v. Puttaswamy

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Sri Raghavendra v. Puttaswamy

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