Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.8350 OF 2023(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.8346 OF 2023(MV-I) MISCELLANEOUS FIRST APPEAL NO.8347 OF 2023(MV-I) MISCELLANEOUS FIRST APPEAL NO.8349 OF 2023(MV-I) IN MFA No. 8350/2023 BETWEEN:
SRI GIRISH, S/O THIMMAIAH, AGED ABOUT 36 YEARS, RESIDING AT BELLARA VILLAGE, HULIYAR HOBLI, C.N.HALLI TALUK, NOW RESIDING AT MALLASANDRA VILLAGE, KASABA HOBLI, TUMKUR TALUK-572 101. …APPELLANT (BY SRI SHANTHARAJ K., ADVOCATE) AND:
1. SHASHIDHAR H.M., S/O MALLANNA H.G., AGED ABOUT 45 YEARS, RESIDING AT HOSAPALYA VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137. 2. THE MANAGER, RELIANCE GEN. INS.CO., LTD., Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER BRANCH OFFICE, BALAJI TOWERS, 1ST FLOOR, ASHOKNAGAR, B.H.ROAD, TUMAKURU CITY-572 101. …RESPONDENTS (BY SRI MALLIKARJUNA, ADVOCATE FOR SRI B.PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 31.01.2024, NOTICE TO R1 IS DISPENSED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT MODIFY THE JUDGMENT AND AWARD DATED 29.09.2023 PASSED IN MVC NO.123/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU. IN MFA NO. 8346/2023 BETWEEN:
SRI PATHALINGAPPA, S/O SANNAIAH, AGED ABOUT 47 YEARS, RESIDING AT BELLARA VILLAGE, HULIYAR HOBLI, C.N.TALUK, NOW RESIDING AT MALLASANDRA VILLAGE, KASABA HOBLI, TUMKURU TALUK - 572 101. ...APPELLANT (BY SRI SHANTHARAJ K., ADVOCATE) AND:
1. SHASHIDHAR H.M., S/O MALLANNA H.G., AGED ABOUT 45 YEARS, RESIDING AT HOSAPALYA VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMKURU DISTRICT - 572 137. 2. THE MANAGER, RELIANCE GEN.INS.CO.LTD.,
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER BRANCH OFFICE, BALAJI TOWERS, IST FLOOR, ASHOKANAGAR, B.H.ROAD, TUMAKURU CITY - 572 101. ...RESPONDENTS (BY SRI MALLIKARJUNA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 13.01.2025, NOTICE TO R1 IS DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT MODIFY THE JUDGMENT AND AWARD DATED 29.09.2023 PASSED IN MVC NO.126/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU.
IN MFA NO. 8347/2023 BETWEEN:
SRI KARIYASWAMY M @ KARIYAPPA, S/O MURTHAPPA, AGED ABOUT 32 YEARS, R/AT BELLARA VILLAGE, HULIYAR HOBLI, C.N. TALUK, NOW RESIDING AT KUNKUMANAHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK - 572 101. ...APPELLANT (BY SRI SHANTHARAJ K., ADVOCATE) AND:
1. SHASHIDHAR H.M., S/O MALLANNA H.G., AGED ABOUT 45 YEARS, R/AT HOSAPALYA VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMKURU DISTRICT 572 137. 2. THE MANAGER,
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER RELIANCE GEN.INS.CO.,LTD., BRANCH OFFICER, BALAJI TOWERS, 1ST FLOOR, ASHOKNAGAR, B.H. ROAD, TUMAKURU CITY 572 101 ...RESPONDENTS (BY SRI ASHOK N PATIL, ADVOCATE FOR R2;
VIDE ORDER DATED 13.01.2025, NOTICE TO R1 IS DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT MODIFY THE JUDGMENT AND AWARD DATED 29.09.2023 PASSED IN MVC NO.125/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU. IN MFA NO. 8349/2023 BETWEEN:
SRI RAVIKUMAR, S/O THORIYAPPA, AGED ABOUT 32 YEARS, R/A BELLARA VILLAGE, HULIYA HOBLI, C.N. TALUK, NOW R/AT KUNKUMANAHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK-572 101 ...APPELLANT (BY SRI SHANTHARAJ K., ADVOCATE) AND:
1. SHASHIDHAR H.M., S/O MALLANNA H.G., AGED ABOUT 45 YEARS, R/A HOSAPALYA VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137. 2. THE MANAGER,
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER RELIANCE GEN.INS.CO.LTD., BRANCH OFFICE, BALAJI TOWERS, IST FLOOR, ASHOKANAGAR, B.H. ROAD, TUMAKURU CITY-572 101 ...RESPONDENTS (BY SRI MALLIKARJUNA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 13.01.2025, NOTICE TO R1 IS DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT MODIFY THE JUDGMENT AND AWARD DATED 29.09.2023 PASSED IN MVC NO.124/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals are preferred by the claimants challenging the judgment and award dated 29.09.2023 passed by the Principal Senior Civil Judge and CJM, Tumakuru (for short ‘the Tribunal’) in MVC Nos.123/2021, 124/2021, 125/2021 and 126/2021. These appeals are founded on the premise of inadequacy of compensation. Hence, the appellants seek enhancement of compensation. - 6 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER
2. Parties to the appeal shall be referred to as per their status before the Tribunal. 3. Brief facts of the case are as under: That on 01.08.2020 at about 10.30 p.m., the claimants in all the claim petitions were proceeding to Jogfalls in a Maruti Vitara Brezza car driven by one Varun. When they reached near Hakrekoppa village, Sagar taluk, Shivamogga, at that time, the driver drove the car in a rash and negligent manner and having lost control over the vehicle, dashed against the roadside tree. Due to the said impact, the claimants sustained grievous injuries. Immediately, the claimants were shifted to Government Hospital, Sagara, wherein, first aid treatment was given and thereafter, to MAAX Hospital, Shivamogga, wherein, they took treatment as an inpatient for two days. Later, to Sridevi Medical College and Research Institute, on the advice of the Doctor, wherein, they took treatment as an inpatient and underwent surgery. Hence, the claimants filed a claim petition seeking compensation. - 7 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER 3.1 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsel for both parties, the tribunal awarded compensation of Rs.5,71,000/- with interest @ 6% p.a. in MVC No.123/2021, Rs.7,33,800/- with interest @ 6% p.a. (excluding future medical expenses) in MVC No.124/2021, Rs.7,94,000/- with interest @ 6% p.a. (excluding future medical expenses) in MVC No.125/2021 and Rs.3,73,000/- with interest @ 6% p.a. in MVC No.126/2021 from the date of petition till its realization. 3.2 Being aggrieved by the meager compensation amount awarded by the tribunal, the claimants are before this Court seeking enhancement. 4.
It is the vehement contention of the learned counsel for claimants that the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation. - 8 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER
5. Per contra,
learned counsel for Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal.
6. I have heard learned counsel for claimants as well as learned counsel for Insurance Company and perused the impugned judgment and award.
In MVC No.123/2021
7. It is stated that age of the claimant was 34 years as on the date of occurrence of accident. The tribunal taken the income of Rs.14,500/- per month as notional income and the appropriate multiplier applied by the tribunal is '16', which do not call for interference and the same are retained. 7.1 PW.5-Doctor has opined the disability to the extent of 76.39% to the right lower limb and left upper limb and 25.46% to the whole body, whereas, the tribunal has assessed the disability at 15% to the whole body
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER without there being any contra material or cross- examination to that extent. Hence, the opinion expressed by the tribunal cannot be accepted. The expert opinion of the Doctor, 25.46% is to be taken to the whole body on the face value, unless any cogent contra material is placed on record. 7.2 Learned counsel for claimants seeks grant of future prospects, in view of the disability at 25.46% to the whole body. 7.3
Learned counsel for Insurance Company vehemently objects to the grant of future prospects, as there are no serious injuries sustained by the claimant and the fractures are united. Therefore, the claimant, being the labour, would be able to perform some activities for his employment. 7.4 This Court is not inclined to accept the same, in view of the disability opined by the Doctor to be at 76.39% to the right lower limb and left upper limb and
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER 25.46% to the whole body disability. Therefore, 40% future prospects would have to be added to the income, in view of the age of the claimant being less than 40 years. Hence, the claimant would be entitled to the compensation of Rs.9,92,328.96/-, which is rounded off to Rs.9,92,329/- (Rs.14,500/- +40% = Rs.20,300/- x 12 x 16 x 25.46%) towards loss of future income due to disability as against Rs.4,45,440/- awarded by the tribunal. 7.5 The tribunal awarded Rs.40,000/- towards pain and suffering. I deem it appropriate to award an additional amount of Rs.40,000/-. In all, the claimant would be entitled to Rs.80,000/- under this head. 7.6 The tribunal awarded Rs.20,000/- towards attendant charges, extra nutrients, food and conveyance expenses. However, this Court deems it appropriate to award a sum of Rs.45,000/- under this head. - 11 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER 7.7 The tribunal awarded Rs.29,000/- towards loss of income during laid up period. In view of the tribunal having assessed the income at Rs.14,500/- per month, the claimant would require atleast four months period to recuperate and to get back to his normal day to day activities. Therefore, claimant would be entitled to Rs.58,000/- (Rs.14,500/- x 4) under this head. 7.8 The tribunal awarded Rs.6,495/- towards medical expenses and Rs.30,000/- towards loss of future amenities and happiness, which do not call for interference and the same are retained. 7.9 The tribunal has not awarded any compensation towards future medical expenses. However, this Court deems it appropriate to award a sum of Rs.20,000/- under this head.
7.10 In view of the above, the claimant in MVC No.123/2021 would be entitled to a total compensation of
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER Rs.12,31,824/- as against Rs.5,71,000/- as mentioned in the table below: Heads Amount in Rs. Loss of future income due to disability 9,92,329-00 Pain and suffering 80,000-00 Attendant charges, extra nutrients, food and conveyance expenses 45,000-00 Loss of income during laid up period 58,000-00 Medical expense 6,495-00 Loss of future amenities and happiness 30,000-00 Future medical expenses 20,000-00 TOTAL 12,31,824-00 In MVC No.124/2021
8. Learned counsel for claimants has filed a memo along with photographs to show the enormity of the disability and loss of future earning capacity. 9. The same is taken on record. 10. On the basis of the said memo, this enhancement is made by this Court. 11. It is stated that age of the claimant was 31 years as on the date of occurrence of accident. The tribunal
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER taken the income of Rs.14,500/- per month as notional income and the appropriate multiplier applied by the tribunal is '16', which do not call for interference and the same are retained. 11.1 PW.6-Doctor has opined the disability to the extent of 92.06% to the right lower limb and 30.86% to the whole body, whereas, the tribunal has assessed the disability at 20% to the whole body without there being any contra material or cross-examination to that extent. Hence, the opinion expressed by the tribunal cannot be accepted. The expert opinion of the Doctor, 30.86% is to be taken to the whole body on the face value.
In view of there being no contra material placed by the Insurance Company, future prospects at 40% is required to be taken in this case in view of permanent disability of 30.86% to the whole body. Therefore, the claimant would be entitled to the compensation of Rs.12,02,799.36/-, which is rounded off to Rs.12,02,799/- (Rs.14,500/- + 40% = Rs.20,300/- x 12 x 16 x 30.86%) towards loss of future
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER income due to disability as against Rs.5,56,800/- awarded by the tribunal. 11.2 The tribunal awarded Rs.40,000/- towards pain and suffering. However, this Court deems it appropriate to award a sum of Rs.1,00,000/- under this head. 11.3 The tribunal awarded Rs.20,000/- towards attendant charges, extra nutrients, food and conveyance expenses. However, the claimant was inpatient for 30 days. Therefore, this Court deems it appropriate to award Rs.30,000/- under this head. 11.4 The tribunal awarded Rs.29,000/- towards loss of income during laid up period. In view of the tribunal having assessed the income at Rs.14,500/- per month, the claimant would require atleast four months period to recuperate and to get back to his normal day to day activities. Therefore, claimant would be entitled to Rs.58,000/- (Rs.14,500/- x 4) under this head. - 15 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER 11.5 The tribunal awarded Rs.8,000/- towards medical expenses, which does not call for interference and the same is retained. 11.6 The tribunal awarded Rs.30,000/- towards loss of future amenities and happiness. However, this Court deems it appropriate to award a sum of Rs.50,000/- under this head. 11.7 The tribunal awarded Rs.20,000/- towards future medical expenses. However, this Court deems it appropriate to award a sum of Rs.40,000/- under this head. 11.8 The tribunal awarded Rs.30,000/- towards permanent disfigurement.
However, this Court deems it appropriate to award a sum of Rs.50,000/- under this head. 11.9 In view of the above, the claimant in MVC No.124/2021 would be entitled to a total compensation of
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER Rs.15,38,799/- as against Rs.7,33,800/- as mentioned in the table below: Heads Amount in Rs. Loss of future income due to disability 12,02,799-00 Pain and suffering 1,00,000-00 Attendant charges, extra nutrients, food and conveyance expenses 30,000-00 Loss of income during laid up period 58,000-00 Medical expense 8,000-00 Loss of future amenities and happiness 50,000-00 Future medical expenses 40,000-00 Permanent disfigurement 50,000-00 TOTAL 15,38,799-00 In MVC No.125/2021
12. Learned counsel for claimants has filed a memo along with photographs to show the enormity of the disability and loss of future earning capacity. 13. The same is taken on record. 14. On the basis of the said memo, this enhancement is made by this Court. - 17 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER
15. It is stated that age of the claimant was 30 years as on the date of occurrence of accident. The tribunal taken the income of Rs.14,500/- per month as notional income and the appropriate multiplier applied by the tribunal is '17', which do not call for interference and the same are retained. 15.1 PW.7 -Doctor has opined the disability to the extent of 90.92% to the left lower limb and 30.30% to the whole body, whereas, the tribunal has assessed the disability at 20% to the whole body without there being any contra material or cross-examination to that extent. Hence, the opinion expressed by the tribunal cannot be accepted. The expert opinion of the Doctor, 30.30% is to be taken to the whole body on the face value.
In view of there being no contra material placed by the Insurance Company, future prospects at 40% is required to be taken in this case in view of permanent disability of 30.30% to the whole body. Therefore, the claimant would be entitled to the compensation of Rs.12,54,783.6/-, which is
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER rounded off to Rs.12,55,000/- (Rs.14,500/- +40% = Rs.20,300/- x 12 x 17 x 30.30%) towards loss of future income due to disability as against Rs.5,91,600/- awarded by the tribunal. 15.2 The tribunal awarded Rs.50,000/- towards pain and suffering. However, this Court deems it appropriate to award a sum of Rs.1,00,000/- under this head. 15.3 The tribunal awarded Rs.25,000/- towards attendant charges, extra nutrients, food and conveyance expenses. However, this Court deems it appropriate to award Rs.60,000/- under this head. 15.4 The tribunal awarded Rs.43,500/- towards loss of income during laid up period. In view of the tribunal having assessed the income at Rs.14,500/- per month, the claimant would require atleast six months period to recuperate and to get back to his normal day to day activities. Therefore, claimant would be entitled to Rs.87,000/- (Rs.14,500/- x 6) under this head. - 19 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER 15.5 The tribunal awarded Rs.13,631/- towards medical expenses, which does not call for interference and the same is retained. 15.6 The tribunal awarded Rs.30,000/- towards loss of future amenities and happiness. However, this Court deems it appropriate to award a sum of Rs.50,000/- under this head. 15.7 The tribunal awarded Rs.20,000/- towards future medical expenses. However, this Court deems it appropriate to award a sum of Rs.50,000/- under this head. 15.8 The tribunal awarded Rs.20,000/- towards permanent disfigurement.
However, this Court deems it appropriate to award a sum of Rs.50,000/- under this head. 15.9 In view of the above, the claimant in MVC No.125/2021 would be entitled to a total compensation of
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER Rs.16,65,631/- as against Rs.7,94,000/- as mentioned in the table below: Heads Amount in Rs. Loss of future income due to disability 12,55,000-00 Pain and suffering 1,00,000-00 Attendant charges, extra nutrients, food and conveyance expenses 60,000-00 Loss of income during laid up period 87,000-00 Medical expense 13,631-00 Loss of future amenities and happiness 50,000-00 Future medical expenses 50,000-00 Permanent disfigurement 50,000-00 TOTAL 16,65,631-00 In MVC No.126/2021
16. It is stated that age of the claimant was 39 years as on the date of occurrence of accident. The tribunal taken the income of Rs.14,500/- per month as notional income and the appropriate multiplier applied by the tribunal is '15', which do not call for interference and the same are retained. 16.1 PW.8 -Doctor has opined the disability to the extent of 59.33% to the right lower limb and left upper
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER limb and 19.77% to the whole body, whereas, the tribunal has assessed the disability at 10% to the whole body without there being any contra material or cross- examination to that extent. Hence, the opinion expressed by the tribunal cannot be accepted. The expert opinion of the Doctor, 19.77% is to be taken to the whole body on the face value. Therefore, the claimant would be entitled to the compensation of Rs.5,15,997/-, which is rounded of to Rs.5,16,000/- (Rs.14,500/- x 12 x 15 x 19.77%) towards loss of future income due to disability as against Rs.2,61,000/- awarded by the tribunal. 16.2 The tribunal awarded Rs.30,000/- towards pain and suffering.
However, this Court deems it appropriate to award a sum of Rs.1,00,000/- under this head. 16.3 The tribunal awarded Rs.20,000/- towards attendant charges, extra nutrients, food and conveyance expenses and Rs.2,776/- towards medical expenses, which do not call for interference and the same are retained. - 22 -
NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER 16.4 The tribunal awarded Rs.29,000/- towards loss of income during laid up period. In view of the tribunal having assessed the income at Rs.14,500/- per month, the claimant would require atleast four months period to recuperate and to get back to his normal day to day activities. Therefore, claimant would be entitled to Rs.58,000/- (Rs.14,500/- x 4) under this head. 16.5 The tribunal awarded Rs.30,000/- towards loss of future amenities and happiness. However, this Court deems it appropriate to award a sum of Rs.50,000/- under this head. 16.6 In view of the above, the claimant in MVC No.126/2021 would be entitled to a total compensation of Rs.7,46,776/- as against Rs.3,73,000/- as mentioned in the table below: Heads Amount in Rs. Loss of future income due to disability 5,16,000-00 Pain and suffering 1,00,000-00 Attendant charges, extra nutrients, 20,000-00
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER food and conveyance expenses Loss of income during laid up period 58,000-00 Medical expense 2,776-00 Loss of future amenities and happiness 50,000-00 TOTAL 7,46,776-00
17. Accordingly, I pass the following:
ORDER i) The appeals are allowed-in-part; ii) The judgment and award dated 29.09.2023 passed in MVC Nos.123/2021, 124/2021, 125/2021 and 126/2021 by the Principal Senior Civil Judge and CJM, Tumakuru, is modified; iii) The claimant in MVC No.123/2021 is entitled to a total compensation of Rs.12,31,824/- as against Rs.5,71,000/- along with interest @ 6% p.a.; iv) The claimant in MVC No.124/2021 is entitled to a total compensation of Rs.15,38,799/- as against Rs.7,33,800/- along with interest @ 6% p.a.; v) The claimant in MVC No.125/2021 is entitled to a total compensation of Rs.16,65,631/- as against Rs.7,94,000/- along with interest @ 6% p.a.;
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NC: 2025:KHC:1259 MFA No. 8350 of 2023 C/W MFA No. 8346 of 2023 MFA No. 8347 of 2023 AND 1 OTHER vi) The claimant in MVC No.126/2021 is entitled to a total compensation of Rs.7,46,776/- as against Rs.3,73,000/- along with interest @ 6% p.a.; vii) The enhanced compensation amount shall be paid with interest at 6% p.a. within a period of four weeks from the date of receipt of a copy of this judgment; viii) The compensation amount shall be released in favour of the appellants-claimants upon proper verification; ix) The original records shall be transmitted to the jurisdictional tribunal forthwith. x) All other terms and conditions stipulated by the tribunal shall stand intact. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN