Kalavathi C K Vs Rangappa

ALL KAPURABAVADI JUNCTION, MAJIWADA NAKA, THANE(W) THANE-400607. SERVICES ADDRESS: MYSURU TRADING CENTRE, OPP KSRTC BUS STAND, B. N. ROAD, MYSURU - 570 001.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2;

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R1- NOTICE DISPENSED WITH,

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V/O. DATED 21.04.2023)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE

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JUDGMENT AND AWARD DATED 13.07.2022 PASSED IN MVC NO.1082/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE HASSAN (SIT AT CHANNARAYAPATNA), HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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3 - NC: 2026:KHC:6476 MFA No. 7968 of 2022

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HC-KAR

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ORAL JUDGMENT

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Heard Sri.Shantharaj.K, learned counsel for the appellant as well as Sri.B.Pradeep, learned counsel for respondent No.2.

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Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Hassan through orders in MVC No.1082/2018 dated 13.07.2022, the claimant therein filed the present appeal seeking enhancement in compensation.

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Arguing the matter, learned counsel for the appellant states that appellant sustained grievous injuries in a road traffic accident that occurred in 2016. As per the evidence of Cw.1, she suffers with functional disability of 28.93% in respect of right lower limb. But the Tribunal did not award any compensation towards loss of future earnings. Learned counsel also states that compensation granted under all heads is also on lower side.

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4 -

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NC: 2026:KHC:6476 MFA No. 7968 of 2022

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HC-KAR

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Per contra, learned counsel for respondent No.2 submits that the appellant got examined herself as Pw.1. During the course of cross-examination, she clearly admitted that she is drawing salary of Rs.55,000/- per month. That itself shows that there is no loss of future earnings due to alleged disability. Learned counsel further states that in the light of submission that is made by learned counsel for the appellant there may be marginal enhancement.

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Through all the evidence produced, appellant succeeded in establishing that she sustained an abrasion over right gluteal region, lacerated wounds on left cheek, over left forearm, on right leg and over anterolateral aspect of left knee. That she sustained nasal bone fracture, fracture shaft of right tibia and incomplete fracture of medial tibial spine. The version of the appellant is that she was working as Second Division Assistant and Typist. As rightly contented by learned counsel for respondent No.2 which is not disputed by learned counsel

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5 - NC: 2026:KHC:6476 MFA No. 7968 of 2022

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HC-KAR

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for appellant, appellant continues her job and gets a salary of Rs.55,000/- per month. However as per the evidence of Cw.1 appellant suffers with disability of 28.93% in respect of right lower limb. Therefore, appellant has to attend her duties as well as day to day routine activities with such disability. The Tribunal granted a sum of Rs.50,000/towards pain and suffering, Rs.67,444/- towards medical expenses, Rs.25,000/towards loss of amenities, Rs.25,000/- towards loss of income during laid up period and Rs.10,000/- towards food, nourishment and other miscellaneous expenses. Thus the Tribunal granted a sum of Rs.1,78,000/- in total as compensation. However considering the nature of injuries sustained, extensive treatment taken and the disability with which the appellant is left with, this Court is of the view that compensation granted under all heads except medical expenses is on lower side. Though the appellant in stricto sensu is not entitled for any compensation towards loss of future earnings however, appellant will have to incur more

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HC-KAR

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expenditure than others for all purposes including travelling to office. Therefore, considering all these aspects this Court is of the view that the compensation granted by the Tribunal is required to be enhanced. This Court is also of the view that in case additional sum of Rs.1,25,000/- is

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granted, the total sum which the appellant receives will be justifiable. Therefore, the appeal is disposed of with the following:

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ORDER

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(i) The appeal is allowed in part .

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(ii) The compensation that is granted by the Motor Accident Claims Tribunal, Hassan through orders in MVC No.1082/2018 dated 13.07.2022 is enhanced by Rs.1,25,000/-.

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