SRI. DHARMENDRA KUMAR P v. SRI. SANTHOSH R

(BY SRI. JANARDHANA REDDY, ADVOCATE FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:45033 MFA No. 3998 of 2024 HC-KAR THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.08.2023 PASSED IN MVC NO.1242/2020 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, C/C X ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-16, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by award passed in MVC No.1242/2020 dated 19.08.2023 by the Court of X Additional Judge and ACMM, Member MACT, Bengaluru, whereby the Tribunal had granted an amount of Rs.7,93,139/- as compensation, the claimant is before this Court seeking enhancement of the compensation.

2. The Tribunal had granted the compensation as per the table given below: Sl. No. Heads Compensation Awarded

1. Loss of future income : Rs. 4,28,400/-

2. Pain and sufferings : Rs. 15,000/- - 3 - NC: 2025:KHC:45033 MFA No. 3998 of 2024 HC-KAR

3. Conveyance, nourishment and attendant charges : Rs. 15,000/-

4. Medical Expenses : Rs. 2,91,739/-

6. Loss of amenities in : Rs. 15,000/- Loss of income during laid up period : Rs. 28,000/- TOTAL : Rs. 7,93,139/-

3. The learned counsel appearing for the claimant submits that when the doctor had deposed that the disability is 53% to the right lower limb and 18% to the whole body, the Tribunal had taken disability at 15% to the whole body without any basis. When the claimant had sustained fracture injuries, the Tribunal has granted only Rs.15,000/- towards pain and suffering. Even under the head of loss of income during the laid up period, the Tribunal has taken Rs.14,000/- per month and granted for 2 months only. Further, for the loss of amenities in life, despite 18% disability, only an amount of Rs.15,000/- was granted. Therefore, it is submitted that on all counts the compensation needs to be enhanced. - 4 - NC: 2025:KHC:45033 MFA No. 3998 of 2024 HC-KAR

4. Learned counsel appearing for the respondent No.2/Insurance Company submits that the Tribunal has rightly considered and granted a just and reasonable compensation and there are no grounds to interfere.

5. Having heard the learned counsels on either side, perused the material on record. The claimant had sustained multi ligament injury to the right knee and dislocation and other injuries all over the body. Hence, under the head of pain and suffering, this Court is granting an amount of Rs.50,000/-. Under the head of incidental expenses considering the hospitalisation of 16 days, this Court is granting an amount of Rs.16,000/-. Under the head of Medical expenses, the Tribunal had rightly granted the compensation, no interference is called for. Coming to the loss of income during the laid-up period for 4 months (Rs.14,000 x 4), this Court is granting an amount of Rs.56,000/-. Coming to the loss of future earnings, when the doctor had deposed that the disability to the whole body is 18%, the Tribunal has - 5 - NC: 2025:KHC:45033 MFA No. 3998 of 2024 HC-KAR taken only 15%, without any basis. In that view of the matter, this Court is taking the disability at 18%, the claimant is entitled for an amount of Rs.5,14,080/- (Rs.14,000 x 12 x 17 x 18 / 100). Coming to the head of loss of amenities, considering 18% disability, this Court is granting an amount of Rs.30,000/-.

6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA VS. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses.

7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No.

2. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court Loss of future income Pain and sufferings : Rs. : Rs. 4,28,400/- 5,14,080 (14,000x12x17x18/100) 15,000/- 50,000/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:45033 MFA No. 3998 of 2024 HC-KAR

6. 7 Conveyance, nourishment and attendant charges/incidental expenses Medical Expenses : : Rs. 15,000/- 16,000/- Rs. 2,91,739/- 2,91,739 Loss of amenities in Loss of income during laid up period Legal Expenses : Rs. 15,000/- 30,000/- : Rs. 28,000/- 56,000/- (14,000 x 4) : Rs. 00 10,000/- TOTAL : Rs. 7,93,139/- 9,67,819/-

8. Altogether, claimant is entitled compensation of an amount of Rs.9,67,819/-.

9. Accordingly, the appeal filed by the claimant is partly-allowed by enhancing the compensation amount from Rs.7,93,139/- to Rs.9,67,819/-. i) The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. ii) The respondent No.2/Insurance Company shall deposit the enhanced compensation amount within a period of eight weeks from the date of receipt of copy of this judgment. On such - 7 - NC: 2025:KHC:45033 MFA No. 3998 of 2024 HC-KAR deposit, the claimant is entitled to withdraw the entire amount. iii) The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 37 CT-SG