SRI. THIPPESHARADDY v. SRI. MOHAMMAED ALI
Case Details
1. SRI. MOHAMMAED ALI S/O. ABDULLA P.G, AGE: MAJOR, OCC: BUSINESS WORK, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA, DIST- SHIVAMOGGA-577427.
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD, ENKAY COMPLEX, KESHWAPUR, HUBLI-580020.
3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD, S. S. SUDAMBI BUILIDING APMC ROAD, EASTERN EXTN., RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.539/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.102592/2022: BETWEEN: SRI. SHIVANAGOUDA S/O. BASAPPA VEERANAGOUDRA AGE: 24 YEARS, OCC: AGRICULTURE AND COOLIE WORK, R/O. MASANAGI VILLAGE, TQ: BYADAGI, - 7 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 …APPELLANT DIST: HAVERI-581106. (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O. ABDULLA P. GM, AGE: MAJOR, OCC: BUSINESS WORK, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA, DIST: SHIVAMOGGA-577427.
2. THE DIVISIONAL MANAGER, UNITED INDIAN INSURANCE COMPANY LTD, ENKAY COMPLEX, KESHWAPUR, HUBLI-580020.
3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD, S. S. SUDAMBI BUILDING APMC ROAD, EASTERN EXTN., RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.540/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.102586/2022: BETWEEN: SRI. RAGHAVENDRA S/O LESHAPPA JOGIHALLI OCC.AGRICULTURE AND COOLIE WORK, R/O.BURADIKATTI VILLAGE, TQ.HIREKERUR, DIST.HAVERI-581111 (BY SRI. G S HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O ABDULLA P.G. …APPELLANT - 8 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 AGE.MAJOR, OCC.BUSINESS, R/O.CAR STREET, THERU BEEDI, SHIKARIPURA,DIST.SHIVAMOGGA-577427
2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580020
3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD, S.S.SUDAMBI BUILDING APMC ROAD, EASTERN EXTN, RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.541/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.102587/2022: BETWEEN: SRI. VASANTHAGOUDA S/O. VEERABHADRAPPA VEERANAGOUDRA, OCC. AGRICULTURE AND COOLIE WORK, R/O. MASANAGI VILLAGE, TQ. BYADAGI, DIST.HAVERI-581106 (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAD ALI S/O. ABDULLA P. G, AGE.MAJOR, OCC.BUSINESS, R/O.CAR STREET, THERU BEEDI, SHIKARIPURA, DIST.SHIVAMOGGA-577427 …APPELLANT - 9 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580020.
3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., S. S. SUDAMBI BUILDING APMC ROAD, EASTERN EXTN., RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2; NOTICE TO R1 & R3 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.542/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.102590/2022: BETWEEN: SRI. HARISH S/O. SHIVAPPA MARIGOUDRA AGE. 26 YEARS, OCC. AGRICULTURE AND COOLIE WORK, R/O. BURADIKATTI VILLAGE, TQ. HIREKERUR, DIST. HAVERI 581111 …APPELLANT (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O. ABDULLA P. G, AGE. MAJOR, OCC. AGRICULTURE AND COOLIE WORK, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA, DIST. SHIVAMOGGA-577427.
2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD. ENKAY COMPLEX, KESHWAPUR, HUBLI-580020.
3. THE BRANCH MANAGER - 10 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 UNITED INDIA INSURANCE COMPANY LTD. S. S. SUDAMI BUILDING APMC ROAD, EASTERN EXTN., RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.543/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.102596/2022: BETWEEN: SRI. MANOJ S/O. INDUDHAR KORISHETTAR AGE. 23 YEARS, OCC. AGRICULTURE AND BUSINESS WORK, R/O. BURADIKATTI VILLAGE, TQ. HIREKERUR, DIST. HAVERI-581111. (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O. ABDULLA P. G, AGE. MAJOR, OCC. BUSINESS, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA, DIST. SHIVAMOGGA-577427.
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD, ENKAY COMPLEX, KESHWAPUR, HUBLI-580020. …APPELLANT
3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD. S. S. SUDAMBI BUILDING, APMC ROAD, EASTERN EXTN. RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS - 11 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.544/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.100593/2022: BETWEEN: SMT. C. POORNIMA W/O SHASHIKANT, AGE. 34 YEARS, OCC. TAILORING WORK AND HOUSEHOLD WORK, R/O. 5TH CROSS, JAI MARUTHI NAGAR, BENGALURU NORTH, NANDINI LAYOUT, BENGALURU 560096. (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI, AGE. MAJOR OCC BUSINESS, R/O. CAR STREET THERU BEEDI SHIKARIPUR DIST. SHIVAMOGGA-577427.
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD. ENKAY COMPLEX, KESHWAPUR, HUBLI-580020. …APPELLANT
3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD, S. S. SUDAMBI BUILDING APMC ROAD, EASTERN EXTN., RANEBENNUR- 581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. - 12 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 NO.545/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.100373/2022: BETWEEN: SMT. SUJATA W/O T. PUTTARAJU AGE. 42 YEARS, OCC. PRIVATE WORK AND HOUSE HOLD WORK, R/O. 5TH CROSS, JAI MARUTHI NAGAR, BENGALURU NORTH, NANDINI LAYOUT, BENGALURU 560096. (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O. ABDULLA P. G. AGE. MAJOR, OCC. BUSINESS, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA, DIST. SHIVAMOGGA 577427.
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD, ENKAY COMPLEX, KESHWAPUR, HUBLI 580020.
3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., S. S. SUDAMBI BUILDING APMC ROAD, EASTERN EXTN., RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …APPELLANT …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.546/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. - 13 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 …APPELLANT IN MFA NO.100594/2022: BETWEEN: SMT. B. VEENA W/O. SOMASHEKHAR AGE. 32 YEARS, OCC. PRIVATE WORK AND HOUSEHOLD WORK, R/O. 5TH CROSS, JAI MARUTHI NAGAR, BENGALURU NORTH, NANDINI LAYOUT, BENGALURU 560096 (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O. ABDULLA P. G, AGE. MAJOR, OCC. BUSINESS, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA, DIST. SHIVAMOGGA-577427
2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD ENKAY COMPLEX KESHWAPUR, HUBLI- 580020.
3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., S. S. SUDAMBI BUILDING APMC ROAD EASTERN EXTN. RANEBENNUR 581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.547/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. IN MFA NO.102649/2022: - 14 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 BETWEEN: SMT. SUSHILAMMA W/O. LATE RAMAKRISHNA AGE. 62 YEARS, OCC. TAILORING WORK AND HOUSEHOLD WORK, R/O. 7TH CROSS, PARIJATHA ROAD, JAI MARUTHI NAGAR BENGALURU NORTH, NANDINI LAYOUT, BENGALURU 560096. (BY SRI. G. S. HULMANI, ADVOCATE) AND:
1. SRI. MOHAMMAED ALI S/O. ABDULLA P. G, AGE. MAJOR OCC. BUSINESS, R/O. CAR STREET THERU BEEDI SHIKARIPURA DIST. SHIVAMOGGA 577427.
2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD. ENKAY COMPLEX, KESHWAPUR, HUBLI-580020.
3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD. S. S. SUDAMBI BUILDING APMC ROAD, EASTERN EXTN. RANEBENNUR-581115. (BY SRI. N. R. KUPPELUR, ADV. FOR R2 & R3; NOTICE TO R1 DISPENSED WITH) …APPELLANT …RESPONDENTS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE HON’BLE 1 ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE COURT IN M.V.C. NO.548/2018 DTD 28TH NOVEMBER 2019 AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC. THESE APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 15 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 COMMON JUDGMENT
1. These appeals are filed by the claimants for enhancement of compensation aggrieved by the judgment and award dated 28.11.2019 passed in M.V.C. Nos.534 to 548 of 2018 on the file of the Motor Vehicle Accident Claims Tribunal, Ranebennur (“Tribunal” for short), whereby the Tribunal awarded compensation to the claimants in the following manner: Sl. Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MVC Nos. Claimants Amount Thippesharaddy C.P.Raghavendra Shashikant Somashekar 534 of 2018 535 of 2018 536 of 2018 537 of 2018 538 of 2018 M.S.Hemanth 539 of 2018 C.P.Nagaraj 540 of 2018 Shivanagouda 541 of 2018 Raghavendra 542 of 2018 Vasanthagouda Harish 543 of 2018 544 of 2018 Manoj 545 of 2018 546 of 2018 547 of 2018 548 of 2018 C.Poornima Sujata B.Veena Sushilamma Rs.1,57,500/- Rs.1,28,960/- Rs.1,46,600/- Rs.1,38,200/- Rs.1,28,500/- Rs.1,38,020/- Rs.1,82,700/- Rs.1,82,700/- Rs.1,45,740/- Rs.1,81,700/- Rs.1,81,700/- Rs.1,23,580/- Rs.1,17,200/- Rs.1,71,800/- Rs.70,160/- - 16 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022
2. For the sake of convenience, the parties are referred to as they are referred to in the claim petitions before the Tribunal.
3. All the claim petitions were filed seeking compensation on account of injuries suffered by the claimants in a road traffic accident that took place on 23.12.2017 at 03:00 p.m., when the claimants were going from Sagar to Jog for attending their work in bus bearing registration No.KA- 17/A-6971 and when the bus reached near Induvani Cross of Jog-Sagar road, the driver of the bus drove the same in a high speed, rash and negligent manner, lost control over the bus and toppled on the road. Due to which the claimants sustained severe injuries and were shifted to Government Hospital, Harihar and thereafter to City Central Hospital, Davanagere for treatment.
4. The Tribunal considering the evidence on record at Exs.P1 to P113 and oral evidence of P.Ws.1 to 16, R.W.1 and Ex.R1 – copy of policy, granted compensation in favour of the claimants. - 17 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022
5. Learned counsel for the claimants submits that the Tribunal has failed to consider the injuries sustained by the claimants and the amount they spent towards their treatment. All the claimants were sustained grievous injuries, but the Tribunal has failed to grant fair and reasonable compensation under all heads. Further, the Tribunal has not considered the disability and the liability considered by the Tribunal is also on lower side. Hence, he prayed to allow the appeals.
6. Learned counsel for the respondent – Insurance Company submits that the Tribunal considering the medical evidence as well as oral evidence has granted reasonable compensation and no grounds are made out seeking for enhancement of compensation. Hence, he prayed to dismiss the appeals.
7. As there is no dispute regarding the injuries sustained by the claimants in the road traffic accident that occurred on 23.12.2017, due to the rash and negligent driving by the driver of the car bearing registration No.KA-17/A-6971 by its driver and liability of the insurer of the above vehicle, the - 18 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 only point that arises for Court’s consideration in the appeals are: “Whether the quantum of compensation awarded by the Tribunal is just and proper or does it call for interference for enhancement?”
8. After hearing the learned counsel for the parties and perusing the judgment and award of the Tribunal, the Court is of the view that the compensation awarded by the Tribunal in favour of the claimants is not just and reasonable, it is on lower side and hence, it requires to be enhanced.
9. In M.F.A. No.100372/2022 (M.V.C. No.534/2018), as per Ex.P6, the claimant sustained fracture of L4 and 5 vertebra, spine and shoulder and of pubic ramus also other grievous injuries. As per the opinion of the Doctor, injury Nos.1 and 2 are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.W.1 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a - 19 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/- awarded by Tribunal, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,26,000/- considering the income of claimant at Rs.7,000/-. The Doctor has issued disability at 40%, but the Tribunal has considered it as only 10% and if 13% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,39,850/- (Rs.10,250/- X 12 X 15 X 13%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.4,500/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is - 20 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Accordingly, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,39,850/- Rs.10,000/- Rs.30,000/- Rs.3,40,600/- Rs.1,57,500/- Rs.1,83,100/-
10. In M.F.A. No.102593/2022 (M.V.C. No.535/2018), as per Ex.P14 – wound certificate, the claimant sustained fracture of mallelous bone of right radius bone and also other grievous injuries all over the body. As per the opinion of the Doctor, injuries sustained by the claimant are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as - 21 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 P.Ws.2 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injuries, granted a sum of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is awarded. Therefore, claimant is entitled for Rs.30,000/- towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/- awarded by the Tribunal, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.99,960/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 35%, but the Tribunal has considered it as only 7% and if 12% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,50,920/- (Rs.10,250/- X 12 X 17 X 12%) is awarded under the head loss of future income. The - 22 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Tribunal awarded a sum of Rs.2,000/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation is as under: Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,50,920/- Rs.10,000/- Rs.30,000/- Rs.3,51,670/- Rs.1,28,960/- Rs.2,22,710/-
11. In M.F.A. No.102595/2022 (M.V.C. No.536/2018), as per Ex.P19 – wound certificate, the claimant sustained fracture of right radius, right tibia and right femur. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral - 23 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 evidence and Doctor, who were examined as P.Ws.3 and 16. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/- awarded by the Tribunal, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,17,600/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,58,300/- (Rs.10,250/- X 12 X 14 X 15%) is awarded under the head loss of future - 24 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 income. The Tribunal awarded a sum of Rs.2,000/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,58,300/- Rs.10,000/- Rs.30,000/- Rs.3,59,050/- Rs.1,46,600/- Rs.2,12,450/-
12. In M.F.A. No.102589/2022 (M.V.C. No.537/2018), as per Ex.P25 – wound certificate, the claimant sustained fracture of L2 vertebra of ulna of tibia condylar. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and - 25 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.4 and 16. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,09,200/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,39,850/- (Rs.10,250/- X 12 X 13 X - 26 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 15%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.2,000/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,39,850/- Rs.10,000/- Rs.30,000/- Rs.3,40,600/- Rs.1,38,200/- Rs.2,02,400/-
13. In M.F.A. No.102594/2022 (M.V.C. No.538/2018), as per Ex.P31 – wound certificate, the minor claimant sustained fracture of right humerous and right mallelous. However, considering the nature of injuries sustained by the minor - 27 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 claimant and the compensation awarded by the Tribunal, this Court is of the considered view that if another sum of Rs.30,000/- is awarded globally, the same would meet the ends of justice. Accordingly, the minor claimant is entitled to additional compensation of Rs.30,000/- globally.
14. In M.F.A. No.102591/2022 (M.V.C. No.539/2018), as per Ex.P36 – wound certificate, the claimant sustained fracture of right humerous of right tibia and fibula. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.6 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been - 28 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,07,520/- considering the income of claimant at Rs.7,000/-. The Doctor has issued disability at 40%, but the Tribunal has considered it as 8% and if 13% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,55,840/- (Rs.10,250/- X 12 X 16 X 13%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.3,500/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 29 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,55,840/- Rs.10,000/- Rs.30,000/- Rs.3,56,590/- Rs.1,38,020/- Rs.2,18,570/-
15. In M.F.A. No.102592/2022 (M.V.C. No.540/2018), as per Ex.P41 – wound certificate, the claimant sustained fracture of L4 and L5 vertebra of right femur, right radius injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and the Doctor. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under - 30 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,51,200/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.3,32,100/- (Rs.10,250/- X 12 X 18 X 15%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.4,500/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 31 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.3,32,100/- Rs.10,000/- Rs.30,000/- Rs.4,32,850/- Rs.1,82,700/- Rs.2,50,150/-
16. In M.F.A. No.102586/2022 (M.V.C. No.541/2018), as per Ex.P47 – wound certificate, the claimant sustained fracture of right femur, left forearm and left humerous injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.8 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant - 32 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 must have been under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,51,200/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.3,32,100/- (Rs.10,250/- X 12 X 18 X 15%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.4,500/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 33 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.3,32,100/- Rs.10,000/- Rs.30,000/- Rs.4,32,850/- Rs.1,82,700/- Rs.2,50,150/-
17. In M.F.A. No.102587/2022 (M.V.C. No.542/2018), as per Ex.P53 – wound certificate, the claimant sustained fracture of left femeaur and left humerous injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.9 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been - 34 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,14,240/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 40%, but the Tribunal has considered it as 8% and if 13% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,71,830/- (Rs.10,250/- X 12 X 17 X 13%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.4,500/- towards diet, food, nourishment and conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 35 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,71,830/- Rs.10,000/- Rs.30,000/- Rs.3,72,580/- Rs.1,45,740/- Rs.2,26,840/-
18. In M.F.A. No.102590/2022 (M.V.C. No.543/2018), as per Ex.P58 – wound certificate, the claimant sustained fracture of L3 vertebra, right tibia, pubic rami injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.10 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been - 36 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,51,200/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.3,32,100/- (Rs.10,250/- X 12 X 18 X 15%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.3,500/- towards diet, food, nourishment and conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 37 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.3,32,100/- Rs.10,000/- Rs.30,000/- Rs.4,32,850/- Rs.1,81,700/- Rs.2,51,150/-
19. In M.F.A. No.102596/2022 (M.V.C. No.544/2018), as per Ex.P64 – wound certificate, the claimant sustained fracture of right tibia, right radius and L4 vertebra injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.11 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been - 38 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,51,200/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.3,32,100/- (Rs.10,250/- X 12 X 18 X 15%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.3,500/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 39 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.3,32,100/- Rs.10,000/- Rs.30,000/- Rs.4,32,850/- Rs.1,81,700/- Rs.2,50,150/-
20. In M.F.A. No.100593/2022 (M.V.C. No.545/2018), as per Ex.P70 – wound certificate, the claimant sustained fracture of L4 vertebra, right humerous, 3rd and 4 ribs injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and the Doctor. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under - 40 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.94,080/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 40%, but the Tribunal has considered it as 7% and if 13% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,55,840/- (Rs.10,250/- X 12 X 16 X 13%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.2,500/- towards diet, food, nourishment and conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 41 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,55,840/- Rs.10,000/- Rs.30,000/- Rs.3,56,590/- Rs.1,23,580/- Rs.2,33,010/-
21. In M.F.A. No.100373/2022 (M.V.C. No.546/2018), as per Ex.P76 – wound certificate, the claimant sustained L2 vertebra and pelvis bone injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.13 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been - 42 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.88,200/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 35%, but the Tribunal has considered it as 7% and if 12% is taken, the same would be reasonable. Accordingly, a sum of Rs.2,21,400/- (Rs.10,250/- X 12 X 15 X 12%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.2,000/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the compensation as under: - 43 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.2,21,400/- Rs.10,000/- Rs.30,000/- Rs.3,22,150/- Rs.1,17,200/- Rs.2,04,950/-
22. In M.F.A. No.100594/2022 (M.V.C. No.547/2018), as per Ex.P81 – wound certificate, the claimant sustained fracture of right tibia, left lateral mallelous and colles right injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and Doctor, who were examined as P.Ws.14 and 16 respectively. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant - 44 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 must have been under treatment for a period of three months and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.1,42,800/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 45%, but the Tribunal has considered it as 10% and if 15% is taken, the same would be reasonable. Accordingly, a sum of Rs.3,13,650/- (Rs.10,250/- X 12 X 17 X 15%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.2,000/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 45 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.3,13,650/- Rs.10,000/- Rs.30,000/- Rs.4,14,400/- Rs.1,17,800/- Rs.2,96,600/-
23. In M.F.A. No.102649/2022 (M.V.C. No.548/2018), as per Ex.P87 – wound certificate, the claimant sustained fracture of right tibia and right ulna injuries. As per the opinion of the Doctor, injuries are grievous in nature. The claimant was treated in the hospital. The injuries sustained and the treatment taken by the claimant is also supported by oral evidence and the Doctor. In this case, the Tribunal has observed that the claimant sustained two injuries. The Tribunal considering the nature of injury, granted a compensation of Rs.20,000/- which is not reasonable one. Hence, additional sum of Rs.10,000/- is granted. Therefore, claimant is entitled for Rs.30,000/-, towards pain and suffering. For the loss of income during laid up period, the Tribunal has awarded a sum of Rs.7,000/-. The nature of injuries suggests that the claimant must have been under treatment for a period of three months - 46 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 and therefore, a sum of Rs.30,750/- (Rs.10,250/- X 3) is awarded towards loss of income during laid up period, as against Rs.7,000/-, in view of the circular issued by the Karnataka State Legal Services Authority, Bengaluru. Towards loss of future income, the Tribunal awarded a sum of Rs.41,160/- considering the income of claimant at Rs.7,000/- per month. The Doctor has issued disability at 35%, but the Tribunal has considered it as 7% and if 12% is taken, the same would be reasonable. Accordingly, a sum of Rs.1,03,320/- (Rs.10,250/- X 12 X 7 X 12%) is awarded under the head loss of future income. The Tribunal awarded a sum of Rs.2,000/- towards diet, food, nourishment and attendant, conveyance charges which is not reasonable one. Hence, a sum of Rs.10,000/- is granted towards diet, food, nourishment and attendant, conveyance charges. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities. Thus, the claimant is entitled for the enhanced compensation as under: - 47 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 Pain and sufferings Loss of income during laid up period Loss of future income Diet, Food, nourishment and attendant, conveyance charges Loss of amenities Total Less: compensation awarded by Tribunal Enhanced compensation Rs.30,000/- Rs.30,750/- Rs.1,03,320/- Rs.10,000/- Rs.30,000/- Rs.2,04,070/- Rs.70,160/- Rs.1,33,910/-
24. Accordingly, I pass the following: (i) (ii) ORDER Appeals are partly allowed. The common judgment and award dated
28.11.2019 passed by the Motor Vehicle Accident Claims Tribunal, Ranebennur M.V.C. Nos.534 to 548/2015 is modified to the extent stated above. (iii) The claimant in M.F.A. No.100372/2022 (M.V.C. No.534/2018) is entitled to an enhanced compensation of Rs.1,83,100/-. However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (iv) The claimant in M.F.A. No.102593/2022 (M.V.C. No.535/2018) is entitled to an enhanced compensation of Rs.2,22,710/-. - 48 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (v) The claimant in M.F.A. No.102595/2022 (M.V.C. No.536/2018) is entitled to an enhanced compensation of Rs.2,12,450/-. However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (vi) The claimant in M.F.A. No.102589/2022 (M.V.C. No.537/2018) is entitled to an enhanced compensation of Rs.2,02,400/-. However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (vii) The minor claimant in M.F.A. No.102594/2022 (M.V.C. No.538/2018) is entitled to a global sum of Rs.30,000/-. However, the minor claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (viii) The claimant in M.F.A. No.102591/2022 (M.V.C. No.539/2018) is entitled to an enhanced compensation of Rs.2,18,570/-. However, the claimant is not entitled for - 49 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 interest for the delayed period of 11 days in filing the appeal. (ix) The claimant in M.F.A. No.102592/2022 (M.V.C. No.540/2018) is entitled to an enhanced compensation of Rs.2,50,150/-. However, the claimant is not entitled for interest for the delayed period of 11 days in filing the appeal. (x) The claimant in M.F.A. No.102586/2022 (M.V.C. No.541/2018) is entitled to an enhanced compensation of Rs.2,50,150/-. However, the claimant is not entitled for interest for the delayed period of 14 days in filing the appeal. (xi) The claimant in M.F.A. No.102587/2022 (M.V.C. No.542/2018) is entitled to an enhanced compensation of Rs.2,26,840/-. However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (xii) The claimant in M.F.A. No.102590/2022 (M.V.C. No.543/2018) is entitled to an enhanced compensation of Rs.2,50,150/-. However, the claimant is not entitled for - 50 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 interest for the delayed period of 12 days in filing the appeal. (xiii) The claimant in M.F.A. No.102596/2022 (M.V.C. No.544/2018) is entitled to an enhanced compensation of Rs.2,50,150/-. However, the claimant is not entitled for interest for the delayed period of 11 days in filing the appeal. (xiv) The claimant in M.F.A. No.100593/2022 (M.V.C. No.545/2018) is entitled to an enhanced compensation of Rs.2,33,010/-. However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (xv) The claimant in M.F.A. No.100373/2022 (M.V.C. No.546/2018) is entitled to an enhanced compensation of Rs.2,04,950/-. However, the claimant is not entitled for interest for the delayed period of 11 days in filing the appeal. (xvi) The claimant in M.F.A. No.100594/2022 (M.V.C. No.547/2018) is entitled to an enhanced compensation of Rs.2,96,600/-. However, the claimant is not entitled for - 51 - NC: 2024:KHC-D:9982 MFA NO. 100372 OF 2022 C/W MFA NOS.102593, 102595, 102589, 102594, 102591, 102592, 102586, 102587, 102590, 102596, 100593, 100373, 100594, 102649 OF 2022 interest for the delayed period of 16 days in filing the appeal. (xvii) The claimant in M.F.A. No.102649/2022 (M.V.C. No.548/2018) is entitled to an enhanced compensation of Rs.1,33,910/-. However, the claimant is not entitled for interest for the delayed period of 16 days in filing the appeal. (xviii) The respondent – Insurance Company directed to deposit the compensation amount with interest at the rate of 6% per annum from the date of petition till the date of realization within a period of four weeks from the date of receipt of copy of this judgment. (xix) Draw the modified award accordingly. (xx) Registry is directed to transmit a copy of this judgment to the concerned Tribunal forthwith. (xxi) No order as to costs. RSH / CT- AN LIST NO.: 1 SL NO.: 0 Sd/- JUDGE