SRI. SIDDESH v. NATIONAL INSURANCE CO. LTD.

(BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R1) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/12/2017, PASSED IN MVC NO.8178/2016, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, MACT & XLI ACMM., (SCCH-17), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 2 - NC: 2025:KHC:17289 MFA No. 2188 of 2018 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.8178/2016 dated 13.12.2017, by the XIX Addl. S.C.J., M.A.C.T & XLI A.C.M.M., Bengaluru, the claimant is before this Court seeking enhancement of compensation.

#2. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant. As per the wound certificate and other medical records, the claimant had sustained the following injuries: 1) Shattered left kidney with perinephric haematoma (AAST Grade V Injury). 2) Moderate peritoneal free fluid, suggestive of haemoperitoneum. 3) Fracture of let iliac blade. 4) Hyperdense collection in the bladder lumen. 5) Haematuria. 6) Left parietal hemorrhagic contusion and parieto-temporal sub dural haemorrhage. 7) Diffuse cerebral oedema, fracture of left parietal bone with haemorrhagic contusion in the adjacent parietal interiorly to involve the squamous and mastoid portions of the left temporal bone. lobe, fracture extending - 3 - NC: 2025:KHC:17289 MFA No. 2188 of 2018

#3. According to the doctor, the claimant had sustained disability at 10% and 35% and the Tribunal had taken at 8% percent and 25% percent and to the whole body it was taken at 21% and granted the compensation as per the table given below:

#1. 2.

#3. 4.

#7. Towards pain and suffering Towards attendant charges, extra nutritious, conveyance expenses Towards medical expenses Loss of income during laid up period Loss of future income due to permanent disability Loss of future amenities and happiness Towards expenses future medical 60,000.00 25,000.00 4,11,526.00 21,000.00 3,17,520.00 20,000.00 20,000.00 Total 8,75,046.00

#4. As the Advocate for the appellant is no more, notice was ordered to the appellant and no vakalath is filed on his behalf nor he has appeared before the Court.

#5. Heard the learned counsel for the respondent. Considering the fact that this is an M.V.C. of 2018, this Court is passing the judgment on the merits of the matter. - 4 - NC: 2025:KHC:17289 MFA No. 2188 of 2018

#6. Having heard learned counsel respondent, perused the material on record. Considering the grievous injuries that are sustained by the claimant, under the head of 'pain and suffering', this Court is granting an amount of Rs.1,00,000/-. As the claimant was there in the hospital for 27 days, under the head of 'attendant and nourishment charges', this Court is granting an amount of Rs.30,000/-. There is no interference called for in the 'medical expenses'. Then coming to the 'loss of income during laid up period', the accident had occurred in the year 2016 and this Court is taking income at Rs.9,500/-, for five months, it would come to Rs.47,500/-. Coming to the 'loss of future income', the Tribunal had rightly taken the disability at 21%. So the 'loss of future income' is Rs.9,500 x 12 x 18 x 21/100 = Rs.4,30,920/-. Towards 'loss of amenities', this Court is granting an amount of Rs.40,000/-. Towards 'future medical expenses', this Court granting an amount of Rs.30,000/-.

#7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and - 5 - NC: 2025:KHC:17289 MFA No. 2188 of 2018 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses.

#8. The claimant therefore, entitled compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal

#1. Towards pain and : Rs. 60,000.00 Compensation Awarded by this Court 1,00,000.00 suffering

#2. Towards attendant conveyance charges, nutritious, expenses

#3. Towards medical future income expenses Loss of during period Loss income due permanent disability Loss amenities happiness Towards medical expenses future future

#7. : Rs. 25,000.00 30,000.00 : Rs. 4,11,526.00 4,11,526.00 : Rs. : Rs. : Rs. : Rs. 21,000.00 47,500.00 3,17,520.00 4,30,920.00 20,000.00 40,000.00 20,000.00 30,000.00

#8. Legal expenses : Rs. -- 10,000.00 TOTAL Enhancement : Rs. 8,75,046.00 10,99,946.00 : Rs. 2,24,900.00 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:17289 MFA No. 2188 of 2018

#9. Altogether, claimant entitled compensation of an amount of Rs.10,99,946/-.

#10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.8,75,046/- to Rs.10,99,946/-. i) ii) iii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. The apportionment of the amount shall be as per the order passed by the Tribunal. The respondent No.1-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv) The Registrar (Judicial) shall send a copy of this order to the claimant. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA CT: sn