Muddegowda Vs B G Lokesh

NOW REPRESENTED BY, ITS LEGAL MANAGER, M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, REGIONAL OFFICE # 89, SVR COMPLEX, 2^ND FLOOR, HOUSR MAIN ROD, MADIVALA, BANGALORE-560068.

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…APPELLANT

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(BY SRI. MALLIKARJUN REDDY N A, ADVOCATE FOR SIR PRADEEP B.,ADVOCATE)

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HC-KAR

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AND:

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SRI MUDDE GOWDA S/O LATE KALEGOWDA, NOW AGED ABOUT 43 YEARS, R/O #NO. 41, 4^TH CROSS, KASTURI NIVASA, ULLALA MAIN ROAD, JANAGANA NAGAR, MALATHALLY, BANGALORE-560051 NOW RESIDING AT KABBINAKERE VILLAGE, NAGAMANGALA TALUK-562123.

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B.G. LOKESH S/O BYREGOWDA, R/O AT #40, 19^TH CROSS, T.G. LAYOUT, ITTAMADU, BSK 3^RD STAGE, BANGALORE-560085.

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…RESPONDENTS

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(BY SMT. DHANALAKSHMI., ADVOCATE FOR R1 (ABSENT, V/O DTD:7.3.2019 NOTICE TO R2 D/W)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.8.2014 PASSED IN MVC NO.274/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, NAGAMANGALA, AWARDING A COMPENSATION OF RS.4,80,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION.

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IN MFA NO. 7787/2014

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BETWEEN:

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MUDDEGOWDA

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S/O LATE KALEGOWDA AGED ABOUT 43 YEARS R/AT NO.41, 4^TH CROSS

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HC-KAR

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KASTURI NIVASA ULLAL MAIN ROAD JANAGANA NAGAR MALLATHALLY BANGALORE 560051 NOW RESIDING AT KABBINAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT 571 432

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...APPELLANT

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(BY SMT. DHANALAKSHMI K.,ADVOCATE (ABSENT))

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AND:

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B G LOKESH S/O BYREGOWDA AGE MAJOR R/AT NO.40, 19^TH CROSS T G LAYOUT, ITTAMADU BSK, 3^RD STAGE BANGALORE - 560085.

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BRANCH MANAGER ICICI LOMBARD MOTOR INSURANCE COMPANY LTD., BRANCH OFFICE, #203, MYTHRI ARCADE NEW KANTHAERAJE URS ROAD SARASWATHIPURAM MYSORE 570009

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...RESPONDENTS

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(BY SRI. PRADEEP B.,ADVOCATE FOR R2, V/O DTD:28.1.2015 NOTICE TO R1 D/W)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED28.08.2014 PASSED IN MVC NO.274/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT,NAGAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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HC-KAR

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THESE APPEALS, COMING ON FOR ADMISSION, 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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Heard the arguments of the learned counsel for the appellant.

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The matters are listed today i.e., 04.06.2026 for hearing the arguments of learned counsel for respondent No.1, but there is no representation made on behalf of respondent No.1.

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MFA.No.8380/2014 is filed by the Insurance Company, who is respondent No.2 before the Tribunal and MFA.No.7787/2014 is filed by the appellant, who is petitioner before the Tribunal against the judgment and award dated 28.08.2014 passed in MVC.No.274/2013 by the Senior Civil Judge and M.A.C.T., Nagamangala.

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The injured claimant met with an accident on 26.02.2012 and filed claim petition seeking compensation of Rs.8,50,000/-. The Tribunal considering the entire evidence on

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HC-KAR

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record, granted an amount of Rs.4,80,000/- with interest at the rate of 6% per annum from the date of petition till realization.

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Aggrieved by the said order, the Insurance Company preferred MFA.No.8380/2014 and mainly contained that respondent No.1/petitioner suffered fracture of right femur and zygomatic fracture, but the Tribunal granted excess amount under the head of pain and suffering even in the absence of documents and loss of future income was also granted excessively. The amounts granted under the other heads are on higher side. Thus, requested for reduction of the compensation awarded by the Tribunal.

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MFA.No.7787/2014 is filed by claimant against the same judgment and award seeking enhancement of compensation. It is stated that the claimant was working as a ladies tailor and earning Rs.20,000/- per month. He spent more than Rs.2,00,000/- towards medical expenses, but the Tribunal erred in taking his income as Rs.10,000/- per month and the amounts granted by the Tribunal under the other heads are meagre. Therefore, requested for enhancement of compensation.

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HC-KAR

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The claimant was aged about 45 years and he was doing food products business under the name of style of Kalabhyraveshwara enterprises and also working as a ladies tailor, earning Rs.20,000/- per month. Though, the petitioner has stated that he was doing business, he has not filed any documents to show his income. He filed Ex.P12-29 prescriptions, Ex.P13-tax invoices, Ex.P14-Vat returns submitted under form VAT-100. The Tribunal has observed that as per the documents, he stated regarding turnover of the business, but not filed any authenticated documents to prove his income. It is for the petitioner to prove his income by producing relevant documents and also examine the competent witness on his behalf. By mere filing of documents, he cannot prove the said income. In the absence of proof of income, as the accident occurred in the year 2012, this Court finds that it is just and reasonable to take his notional income as Rs.7,000/per month instead of Rs.10,000/- per month taken by the Tribunal without any basis. The petitioner was aged about 45 years and the relevant multiplier is '14'.

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HC-KAR

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As per Ex.P7 - Wound Certificate, the petitioner

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sustained following injuries:

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"1. Lacerated wound over lower 1/3^rd of right

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thigh 5x4 cms.

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Lacerated wound over right knee 4x2 cms.

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Lacerated wound over right forehead supra

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orbital region.

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Lacerated wound over upper lip and lower

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lip.

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Tenderness over right zygomatic region."

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The petitioner has also filed Ex.P9-Discharge summary, and also examined the doctor as CW.1-Dr. Radhakrishna A.M, who is an orthopedic surgeon stated that he has given treatment as follows:

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"inter-alia for compound type of 3 B supra condylar fracture of right femur. He stated that on 6-

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3-12 surgery was conducted for implantation of steel

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HC-KAR

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plate in the right thigh. On the same day surgery was also conducted for zygomatic fracture. He stated that on 8-3-14 he examined the petitioner to assess disability. The X-ray of right femur showed mal-union. Because of mal-union petitioner has pain in the right leg. He is unable to stand for long time and climb stairs."

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Thus, the doctor assessed the permanent disability of

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50% to the right limb. The disability of whole body is 20% as per Ex.C4 shown as mal-union of right femur. The Tribunal has considered his disability as 10% and this Court finds no reason to interfere with the disability taken by the Tribunal. Hence, the ' Loss of Future Earning Capacity ' comes to Rs.7,000/- X 12 X 14 X 10% = Rs.1,17,600/- .

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The Tribunal has granted sum of Rs.1,07,350/towards medical expenses and this Court finds no reason to interfere with the said amount granted by the Tribunal.

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HC-KAR

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The claimant was hospitalized for a period of 55 days. This Court finds it reasonable to grant an amount of Rs.60,000/- under the head of ' Pain and Suffering '.

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This Court finds it reasonable to grant an amount of Rs.30,000/- under the head of ' Loss of Amenities ' and Rs.30,000/- under the head of ' Transportation and attendance charges '.

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The petitioner might not have attended any other work for a period of four months due to the injuries sustained in the accident. Therefore, Rs.28,000/- is to be granted under the head of ' Loss of Income during Laid up Period '.

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The Tribunal has already granted Rs.25,000/towards future medical expenses and this Court finds no reason to interfere with the said amount.

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Thus in all, compensation awarded by this Court is as below:

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HC-KAR

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Particulars Amount
in Rs.
Loss of future earnings 1,17,600.00
capacity
Medical Expenses 1,07,350.00
Pain and suffering 60,000.00
Loss of Amenities 30,000.00
Transportation and 30,000.00
attendance charges
Loss of income during laid 28,000.00
up period
Future medical expenses 25,000.00
Total 3,97,950.00

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Hence, the compensation is reduced to

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Rs.3,97,950/- from Rs.4,80,000/- awarded by the tribunal

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with interest at the rate of 6% per annum.

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In the result, the following order is passed:

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ORDER

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i) MFA.No.8380/2014 is allowed.

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ii) The judgment and award dated 28.08.2014 passed in MVC.No.274/2013 by the Senior Civil

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HC-KAR

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Judge and M.A.C.T., Nagamangala is hereby modified .

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iii) Respondent No.1/petitioner in MFA.No.8380/2014 is entitled to a sum of Rs.3,97,950/- along with interest at the rate of 6% per annum against Rs.4,80,000/- granted by the Tribunal, from the date of petition till realization.

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iv) As the Insurance Company has already deposited 50% of the compensation, it is directed to deposit the balance amount along with interest at the rate of 6% per annum within one month from the date of this order.

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