Rakesh M H Vs B Kare Rangappa

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.09.2022 PASSED IN MVC No.613/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, 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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 01.09.2022 passed in MVC No.613/2020 by the II Addl.Senior Civil Judge and JMFC, Hassan.

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The appellant/claimant made a claim petition

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praying to award compensation for injuries sustained in road traffic accident occurred on 28.08.2019 contending that the accident occurred due to rash and negligent driving of the driver of Jeep bearing Regn.No.MEO-1334.

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3 - NC: 2026:KHC:33343 MFA No. 994 of 2023

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HC-KAR

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The Tribunal recorded the evidence and appreciating the

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evidence on record, assessed the compensation and awarded compensation under different heads as under:

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Sl.no.	Heads	Amount in (Rs.)
01.	Towards pain and sufferings	15,000/-
02.	Medical expenses	2,23,527/-
03.	Towards attendant charges, nourishment of food and conveyance	10,000/-
04.	Towards discomfort and loss of amenities	10,000/-
05.	Loss of earnings during laid up period	20,000/-
06.	Loss of future income	2,13,384/-
	Total	4,91,911/-

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The Tribunal has also awarded interest @ 9% p.a.

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from the date of petition till realization. The claimant has filed the present appeal seeking enhancement of compensation.

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4. Heard the learned counsel for the appellant and

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learned counsel for respondent No.2 – insurer.

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Learned counsel for the appellant would contend that the income of the claimant taken by the

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4 - NC: 2026:KHC:33343 MFA No. 994 of 2023

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HC-KAR

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Tribunal at Rs.20,000/- is not proper considering Ex.P16,

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the pay slip wherein his income is shown as Rs.23,128/-. The claimant has sustained three injuries and out of them there are two fractures. He was admitted in the hospital for 9 days and considering the same, the compensation awarded for pain and suffering, loss of income during laid up period and amenities are on lower side. With this she prayed to allow the appeal and enhance the compensation.

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Learned counsel for respondent No.2 – insurer

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would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement.

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Having heard the learned counsels, the Court

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has perused the judgment and award.

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The claimant is stated to be working as Fire

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Supervisor at Lakshmi Tele Services, Bengaluru. Ex.P16 is the pay slip wherein his net pay is shown as Rs.23,128/-.

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The author of the said document is not examined.

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NC: 2026:KHC:33343 MFA No. 994 of 2023

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HC-KAR

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Considering the said aspect, the Tribunal has rightly the taken income @ Rs.20,000/- p.m.

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The claimant as per the evidence of PW.2 – Doctor

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has sustained the following injuries:

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Pain, swelling, instability over right knee associated with multi-ligamentous knee injury.

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Crush injury of right little finger associated with fracture of P1, P2.

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Right orbital fracture associated with mild head injury.

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The claimant has been admitted in the hospital for 9 days. Considering the said injuries, the compensation awarded for pain and suffering requires to be enhanced from Rs.15,000/- to Rs.75,000/-. Considering the injuries, the claimant has to take rest atleast for two months and therefore, the compensation awarded for loss of income during laid up period in a sum of Rs.20,000/- requires to be enhanced to Rs.40,000/-. Considering that the claimant has sustained fractures and one simple injury, he is

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6 - NC: 2026:KHC:33343 MFA No. 994 of 2023

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HC-KAR

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entitled to loss of amenities in a sum of Rs.50,000/- as against Rs.10,000/- awarded by the Tribunal. The Tribunal has rightly awarded compensation towards medical expenses, attendant and conveyance charges. In view of the above, the claimant is entitled to total

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compensation as under:

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Sl.No	Heads	Amount
1.	Pain and suffering	75,000.00
2.	Medical expenses	2,23,527.00
3.	Attendant and conveyance charges	10,000.00
4.	Loss of income during laid up period	40,000.00
5.	Loss of amenities	50,000.00
6.	Loss of future income	2,13,384.00
	Total	6,11,911.00

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Considering the above aspect, the claimant is entitled for enhanced compensation of Rs.1,20,000/(Rs.6,11,911 – Rs.4,91,911/-) with interest @ 6% p.a. from the date of petition till realization. In view of the above, the following:

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NC: 2026:KHC:33343 MFA No. 994 of 2023

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HC-KAR

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ORDER

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i) The appeal is allowed in part.

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ii) The appellant -claimant is entitled to enhanced compensation of Rs.1,20,000/- with interest @ 6% p.a. from the date of petition till realization.

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iii) Respondent No.2/insurer shall deposit the said enhanced amount with interest within a period of six weeks from this day, failing which, they are liable to pay interest @ 9% p.a. from this day till payment/deposit of enhanced compensation amount.

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iv) The appellant/claimant is entitled to release of entire enhanced compensation.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 56

Rakesh M H v. B Kare Rangappa

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Rakesh M H v. B Kare Rangappa

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