Kantharaju Vs Pradeep

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2024 PASSED IN MVC NO.826/2021 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, (MACT) TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION IN TIME, AND ETC.,

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

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NC: 2026:KHC:15416 MFA No. 984 of 2025

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HC-KAR

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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 both the sides.

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This appeal is filed against the judgment and

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award passed in M.V.C.No.826/2021 dated 04.12.2024 by the Court of Senior Civil Judge and JMFC (MACT), at Tiptur.

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Injured claimant met with an accident on 28.10.2015 and filed a claim petition claiming compensation of 6,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded a global compensation of Rs.70,000/along with interest at the rate of 6% p.a., from the date of the petition till realization.

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Aggrieved by the said order, he preferred an appeal and mainly contended that the claimant was aged about 35 years and working as an electrician at Aravind

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HC-KAR

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Garments, Arasikere and earning Rs.27,000/- per month. He was inpatient for a period of 3 days and operation was conducted. He produced the medical bills towards the treatment worth of Rs.54,045/-, and stated that no compensation is granted for pain and sufferings, loss of income during treatment period, loss of amenities, food and nourishment, future medical expenses, and granted global compensation of Rs.70,000/- with interest at the rate of 6% p.a. Therefore, requested for enhancement of the compensation.

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The respondent also stated that the petitioner sustained fracture i.e., swelling and tenderness of left upper chest, medical to shoulder joint. The Tribunal considered Rs.54,045/- towards medical expenses and granted global compensation of Rs.70,000/-. He has not examined the doctor, as such, he is not entitled to the amount under the head ‘loss of future earning capacity’. Though the petitioner stated that he was earning Rs.27,000/-, he has not filed any income proof. As he met

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HC-KAR

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with an accident in the year 2015, his notional income is to be taken at Rs.9,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority.

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As per Ex.P7 wound certificate, the petitioner sustained swelling and tenderness of left upper chest, medical to shoulder joint, and X-ray was conducted and there is evidence of fracture at the lateral end of the left clavicle and it is opined that injury is too significant. The petitioner was admitted in the hospital on 02.01.2022, operated on the same day and discharged on 04.01.2022. Admittedly, he incurred Rs.54,045/- towards medical expenses as per Exs.P15 to P17 and it is to be confirmed.

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The claimant was hospitalized for a period of 04 days. Considering the nature of injuries sustained, period of hospitalisation, his age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.10,000/- under the head of ‘pain and suffering’ and Rs.10,000/- under the head of 'loss of amenities'.

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NC: 2026:KHC:15416 MFA No. 984 of 2025

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HC-KAR

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This Court is granting an amount of

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Rs.10,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of 2 months. Therefore, Rs.18,000/- is awarded under the head of 'loss of income during laid up period' for a period of two months.

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Thus, in all, the claimant is entitled for the

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following compensation:

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and suffering	10,000.00
2.	Medical Expenses	54,045.00
3.	Loss of income during laid up period	18,000.00
4.	Loss of amenities	10,000.00
5.	Attendant, conveyance, food and nourishment charges	10,000.00
	Total	1,02,045.00

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The Tribunal has awarded the compensation of Rs.70,000/-. Therefore, the appellant/claimant is entitled

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NC: 2026:KHC:15416 MFA No. 984 of 2025

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HC-KAR

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to enhanced compensation of Rs.32,045/- (Rs.1,02,045/-

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– Rs.70,000/-).

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Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal in M.V.C.No.826/2021 dated 04.12.2024 by the Court of Senior Civil Judge

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and JMFC (MACT), at Tiptur is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.32,045/along with interest @ 6% p.a.

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iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one

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month from today. On such deposit, the

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