Venkatachalaiah R Vs T v Narasimhaswamy

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1 - NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7748 OF 2014(MV-I)

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BETWEEN:

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VENKATACHALAIAH R. S/O. RANGEGOWDA AGED 73 YEARS R/O. OKKALIGARA BADAVANE RAMAMANDIRA BEEDI HOSA BEEDI, TALAKADU, T. NARASIPURA MYSURU DISTRICT-571 313

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…APPELLANT

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(BY SRI PRAMOD R., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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T. V. NARASIMHASWAMY S/O. R. VENKATACHALAIAH DEAD BY LRS

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SMT. KAVITHA W/O. T. V. NARASIMHASWAMY AGED 29 YEARS R/O. D.NO.108/A, HOSA BEEDI TALAKADU, T. NARASIPURA TALUK MYSURU DISTRICT-571 313

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THE BRANCH MANAGER CHOLAMANDALAMAN M.S. GENERAL INSURANCE COMPANY LIMITED NO.271, ASHRAYA BUILDING LAKSHMI VILAS ROAD

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2 - NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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DEVARAJA MOHALLA MYSURU-571 408

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…RESPONDENTS

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(BY SRI B. PRADEEP, ADVOCATE FOR R-2; R-1 IS SERVED, BUT UNREPRESENTED)

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THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2013 PASSED IN MVC NO.64/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., T. NARASIPURA, 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 filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award passed in MVC Nos.64/2011 to 67/2011 by the Court of the Senior Civil Judge and MACT at Tirumakudal, Narasipur, dated 21.10.2013 passed in MVC No.64/2011 for enhancing the compensation.

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3 - NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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Heard the arguments of learned counsel

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appearing for the appellant and respondent No.2. Notice to respondent No.1 is served but unrepresented.

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The status of the parties before the Tribunal is retained for the sake of convenience.

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Learned counsel for the appellant submitted that the Tribunal considering the documentary evidence on record has granted Rs.1,72,000/- with interest at the rate of 6% per annum from date of petition till realization. Aggrieved by the said judgment and award, this appeal is preferred for enhancement of compensation.

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Injured claimant met with an accident on 30.05.2011. Though petitioner stated that he was working as an Agriculturalist and earning ₹10,000/- per month, he has not filed any income proof. The Tribunal has taken notional income of the petitioner at ₹4,000/- per month. As he met with an accident in the year 2011, this Court finds that it is just and reasonable to take his notional

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4 - NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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income as ₹6,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 70 years at the time of the accident and the relevant multiplier applicable is '5'. Petitioner sustained fracture of frontal and zygoma bones and treated as an inpatient. He is suffering from severe pain often, unable to lift weight, suffering mentally and physically. Petitioner examined the Doctor as CW-1 and he stated that the petitioner is not able to breath properly and get giddiness and convulsions now and then and has also sustained permanent disability. Doctor has contended that the petitioner has sustained grievous injuries and assessed the disability as 25% to the whole body. The Tribunal considering the medical evidence on record and also age of the petitioner has assessed the disability of the petitioner as 25% to the whole body. This Court finds that there is no reason to interfere with the disability assessed by the Tribunal. So 'loss of future earning capacity' comes to ₹6,500 x 12 x 5 x 25% = ₹97,500/-.

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5 - NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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Petitioner was admitted in the hospital for a period of 11 days. The Tribunal has already granted ₹40,000/- under the head 'pain and sufferings', ₹30,000/for 'loss of amenities' and ₹20,000/- towards 'medical bills and hospitalization charges'.

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Considering the age of the petitioner, period of hospitalisation, nature of injury sustained by him, this Court finds it is just and reasonable to grant an amount of ₹30,000/- for 'transportation, extra nourishment and attendant charges'.

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Petitioner might not have attended any other work atleast for a period of four months due to the injuries sustained in the accident. Therefore, ₹26,000/- (6,500 x 4) is granted under the head 'loss of income during laid up period'.

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Thus in all, award of compensation passed by the Tribunal is modified as under:

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6 -

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NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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Particulars Amount
in Rs.
Pain and suffering 40,000.00
Medical bills and 20,000.00
hospitalization charges
Transportation, extra 30,000.00
nourishment and
attendant charges
Loss of amenities 30,000.00
Loss of income during laid 26,000.00
up period
Loss of future income 97,500.00
Total 2,43,500.00

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Hence, the compensation is enhanced from

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Rs.1,72,000/- to Rs.2,43,500/- along with interest at the

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rate of 6% per annum from the date of petition till the date of deposit.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed-in-part.

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ii. The judgment and award dated 21.10.2013 passed in M.V.C.No.64/2011 by the Senior

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7 -

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NC: 2026:KHC:29578 MFA No. 7748 of 2014

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HC-KAR

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Civil Judge & MACT at Tirumakudal, Narasipur, is modified;

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iii. The appellant is entitled to a sum of Rs.2,43,500/- along with interest at 6% p.a. from the date of petition till the date of realization as against Rs.1,72,000/-.

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iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order.

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v. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest.

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vi. Draw award accordingly.

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Sd/(P SREE SUDHA) JUDGE

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MH/-

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List No.: 1 Sl No.: 4

Venkatachalaiah R v. T v Narasimhaswamy

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Venkatachalaiah R v. T v Narasimhaswamy

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