Prakash Gandhi Vs Dr. Srinivasan

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1 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9031/2019 (MV-I)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

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PRAKASH GANDHI S/O LATE ANRAJ GANDHI AGED ABOUT 67 YEARS R/AT NO.16, OLDNO 228 PRASMANI GOLD CREST APARTMENT FLAT NO.401, 4TH FLOOR, 5TH MAIN K G NAGAR, GAVIPURAM GUTTAHALLI BANGALORE-560019.

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…APPELLANT

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(BY MS. KAUSALYA, AMICUS CURIAE)

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AND:

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DR. SRINIVASAN AGED MAJOR NO.46, SHANKAR PARK RANGARAO ROAD BANGALORE 560068.

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ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., 9TH FLOOR, THE ESTATE BUILDING NO.121, DICKENSON ROAD M G ROAD, BANGALORE 560042.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADV., FOR R2 V/O/DTD:07.11.2023, NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2018 PASSED IN MVC NO.5318/2017 ON THE FILE OF THE X ADDITIONAL JUDGE,

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2 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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COURT OF SMALL CAUSES BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 29.07.2019 passed in MVC.No.5318/2017 by the X Additional Judge, Court of Small Causes and MACT (SCCH-16), Bengaluru, (for short, ‘Tribunal’).

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2. This Court permitted the learned counsel appearing on behalf of the appellant to retire from the case and thereafter Court notice was issued to the injuredappellant. The said notice is served. Appellant is called out, absent and there is no representation. Hence, this Court appoints Ms.Kausalya, learned counsel as amicuscuriae to assist the Court on behalf of the appellant.

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3 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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3. Heard Ms.Kausalya, learned amicus-curiae for

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the appellant and Sri.B.Pradeep, learned counsel for the respondent-Insurance Company and perused the material available on record.

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4. The records indicate that the appellant met with a road accident on 18.05.2017 and he was provided treatment at Shekhar Hospital as in-patient, he underwent surgery. It is averred that the injured was aged about 65 years at the time of accident and was an agriculturist earning more than Rs.1,00,000/- per month from his agricultural activity and stock exchange. It is to be noticed that the Tribunal recorded the finding that the appellant has failed to produce any acceptable evidence to assess the income. Hence, his income was assessed at Rs.9,000/per month. In order to prove the claim, the appellant examined himself as PW1 and examined Dr.B.N.Roshan Kumar as PW2 and got marked documents as Exhibits P1 to P23. PW2 has assessed the disability of the appellant at 52% to the arm and 17.32% to the whole body. The

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4 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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perusal of the oral evidence of PW2 and Ex.P5 wound certificate makes it clear that the appellant sustained comminuted segments fracture shaft of right humerus with displacement and he was inpatient for 6 days and underwent surgery. Considering the nature of fracture suffered and disability assessed, I am of the view that the compensation is required to be reassessed by reassessing the income and disability appropriately by considering the oral and documentary evidence on record.

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5. Thus, in the absence of any proof of income of the appellant, his income is notionally re-assessed at Rs.11,000/- per month by placing reliance on the notional income chart prepared by KSLSA and the disability is assessed at 15% to the whole body. The appellant was aged about 65 years as on the date of accident, the appropriate multiplier would be 7, which has been rightly considered by the Tribunal. Hence, the appellant is entitled to compensation under the head of loss of future income due to disability as under:

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5 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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Rs.11,000 x 12 x 7 x 15% = Rs.1,38,600/- .

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6. The appellant would be entitled to

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compensation of Rs.45,000/- towards pain & suffering; Rs.15,000/- towards food, nourishment, conveyance and attendant charges; Rs.33,000/- (Rs.11,000 X 3) towards the loss of income during laid-up period. The compensation awarded by the Tribunal towards medical expenses, loss of future amenities and happiness, future medical expenses and vehicle damages is unaltered.

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7. Thus, the appellant would be entitled to

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modified compensation as under:

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HEADS	AMOUNT (in Rs.)
Pain & suffering	45,000
Food, nourishment, conveyance and attendant charges	15,000
Loss of income during laid up period	33,000
Medical expenses	25,900
Loss of future income due to disability	1,38,600
Loss of future amenities and happiness	40,000
Future medical expenses	20,000
Vehicle damages	30,000
Total	3,47,500

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6 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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Thus, the appellant-claimant shall be entitled to a

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total compensation of Rs.3,47,500/- as against Rs.2,81,000/- awarded by the Tribunal.

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8. In the result, this Court proceeds to pass the following:

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ORDER

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a) Appeal is allowed in part .

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b) The impugned judgment and award of the

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Tribunal is modified to an extent that the appellant-claimant would be entitled to a total compensation of Rs.3,47,500/- as against Rs.2,81,000/- awarded by the Tribunal.

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c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.

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d) The Insurance Company shall deposit the enhanced compensation amount with

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7 - NC: 2026:KHC:19193 M.F.A. No.9031/2019

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HC-KAR

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accrued interest before the Tribunal within

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a period of six weeks from the date of receipt of certified copy of this judgment.

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e) The entire compensation amount shall be released in favour of the appellantclaimant.

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f) Draw modified award accordingly.

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9. This Court places on record the appreciation to the assistance rendered by Ms.Kausalya, learned amicuscuriae. The High Court Legal Services Committee shall pay Rs.15,000/- as Honorarium to the learned amicuscuriae.

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10. The certified copy of this order be forwarded to the appellant.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR/List No.: 2 Sl No.: 6

Prakash Gandhi v. Dr. Srinivasan

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Prakash Gandhi v. Dr. Srinivasan

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