K. R. Sujata Vs Vijaykumar a. Gajkosh

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:17.02.2023 PASSED IN MVC No.572/2021 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of the compensation awarded in the judgment and award dated 17.02.2023 passed in MVC No.

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HC-KAR

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NC: 2026:KHC:37614 MFA No. 8415 of 2023

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CNR: KAHC010670032023

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572/2021 by the V Additional District Judge and Additional

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MACT, Shivamogga sitting at Sagar.

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Even though the matter is listed for `Admission'

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today, it is taken up for hearing with the consent of the learned counsel appearing for appellant and learned AGA appearing for respondent Nos. 2 and 3.

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Appellant – claimant made a claim petition before the Tribunal praying to award compensation for the injuries sustained by her in a road traffic accident that occurred on 02.02.2021 contending that the accident occurred due to the negligence on the part of the driver of 108 Ambulance bearing registration No. KA-15-G-5459. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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1.	Towards Loss of future income	Rs.3,06,000/-
2.	Towards Pain and suffering	Rs.55,000/-
3.	Towards Medical bills	Rs.34,185/-

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HC-KAR

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NC: 2026:KHC:37614 MFA No. 8415 of 2023

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CNR: KAHC010670032023

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4.	Towards Hospital bills	Rs.10,320/-
5.	Final medical bill	Rs.1,03,685
6.	Towards C.T. Scan report	Rs.1,100/-
7.	Towards blood bank bill	Rs.900/-
8.	Towards Food, nutrition, special diet, Attendant charges and other charges	Rs.40,000/-
9.	Towards Ambulance bill	Rs.18,000/-
10.	Towards loss of amenities	Rs.30,000/-
	TOTAL	Rs.5,99,190/-
	ROUNDED OFF	Rs.5,99,200/-

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The Tribunal has also awarded i nterest at the

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rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 3 – Insurer to deposit the said award amount with interest. Claimant, seeking enhancement of the compensation awarded, has filed the present appeal.

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Heard learned counsel for appellant - claimant

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and learned AGA for respondent Nos. 2 and 3.

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HC-KAR

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CNR: KAHC010670032023

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Learned counsel for appellant would contend

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that the claimant had sustained 4 injuries as per Ex.P.5 – wound certificate and was admitted in the hospital for treatment for 11 days and for removal of implant for 7 days, totally 18 days. The claimant was working as Asha Karyakarte and was getting honorarium of Rs.5,000/- per month. Apart from working as Asha Karyakarte claimant was also working as agricultural coolie and earning income. Considering the said aspect, she is entitled to loss of income during laid up period’ and the Tribunal has erred in not awarding loss of income during laid up period’. Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal under the heads pain and suffering’ and loss of amenities’ is on lower side. With this he prayed to allow the appeal and enhance the compensation awarded by the Tribunal.

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Learned AGA appearing for respondent Nos. 2

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and 3 would contend that compensation awarded by the

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NC: 2026:KHC:37614 MFA No. 8415 of 2023

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HC-KAR

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CNR: KAHC010670032023

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Tribunal under all heads is just and proper and there are no grounds for enhancement.

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Having heard learned counsel for the parties, this Court has perused the judgment, award and certified copy of Ex.P.5 – wound certificate furnished by the learned counsel for appellant.

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Claimant had sustained the following injuries

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as per wound certificate - Ex.P.5:

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i) Laceration ® Eye below 2 X 1 ii) LS Spine Tenderness – L1 vertcheae# iii) ® Iliac wing# iv) Abdominal pain with ® Renal Hematoma

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The Doctor has opined that injuries Nos. (ii) to

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(iv) are grievous in nature. P.W.2 is the Doctor who has treated the claimant and he has stated that, `on verification of the X-Ray it is seen that there is body fracture with praegment with Artro Pashisiol and she has undergone surgery on 04.01.2022 Livertebra Spail

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HC-KAR

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NC: 2026:KHC:37614 MFA No. 8415 of 2023

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CNR: KAHC010670032023

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Stabilition and Fixation at T11, T12 and L2, L3 Vertitbra level’. Considering the said injuries, compensation awarded by the Tribunal under the head pain and suffering’ in a sum of Rs.55,000/- requires to be enhanced to Rs.1,00,000/- and under the head loss of amenities’ in a sum of Rs.30,000/- requires to be enhanced to Rs.75,000/-.

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The Tribunal has not awarded compensation under the head loss of income during laid up period’ on the ground that claimant was working as Asha Karyakarte and getting honorarium. Apart from working as Asha Karyakarte claimant was also doing agricultural work and therefore, she is entitled to loss of income during laid up period’. Considering the injuries sustained, claimant had to take rest for 3 months and therefore, she is entitled to `loss of income during laid up period’ in a sum of Rs.45,000/- (15000 X 3).

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HC-KAR

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CNR: KAHC010670032023

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In view of the above, total compensation

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payable to be claimant is calculated as under:

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1.	Towards Loss of future income	Rs.3,06,000/-
2.	Towards Pain and suffering	Rs.1,00,000/-
3.	Towards Medical bills	Rs.34,185/-
4.	Towards Hospital bills	Rs.10,320/-
5.	Final medical bill	Rs.1,03,685
6.	Towards C.T. Scan report	Rs.1,100/-
7.	Towards blood bank bill	Rs.900/-
8.	Towards Food, nutrition, special diet, Attendant charges and other charges	Rs.40,000/-
9.	Towards Ambulance bill	Rs.18,000/-
10.	Towards loss of amenities	Rs.75,000/-
11.	Towards loss of income during laid up period	Rs.45,000/-
	TOTAL	Rs.7,34,190/-

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In view of the above, claimant is entitled enhanced compensation of Rs.1,35,000.00 with interest at

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HC-KAR

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CNR: KAHC010670032023

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the rate of 6% p.a. from date of petition till the date of realization. Respondent No. 3 shall deposit the enhanced compensation with interest before the Tribunal.

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In the result, the following;

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O R D E R

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i) Appeal is allowed in part.

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ii) Appellant – claimant is entitled to enhanced compensation of Rs.1,35,000.00 with interest at the rate of 6% p.a. from date of petition till the date of realization.

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iii) Respondent No. 3 shall deposit the enhanced compensation with interest within a period of six weeks from this day failing which it is liable to pay interest at the rate of 9% p.a. from this day till the date of payment.

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iv) Claimant is entitled to release of entire enhanced compensation.

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