Full Judgment Text
- 1 -
NC: 2026:KHC:12193
MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 26 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 7817 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7794 OF 2017 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 7818 OF 2017 (MV-I)
IN MFA No. 7817/2017
BETWEEN:
ASHWATHNARAYANA
S/O LATE MALLAPPA,
NOW AGED ABOUT 24 YEARS
R/AT BAKTHANAPALYA, KASABA HOBLI
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT
AND ALSO RESIDING AT RAJAVANTHI
KASABA HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT.
…APPELLANT
Digitally signed
by
SHARADAVANI
B
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. RANGEGOWDA N.R, ADVOCATE)
AND:
1. RANGASWAMY
S/O HANUMAPPA,
AGED MAJOR,
ARALAHALLI VILLAGE AND POST,
KASABA HOBLI PAVAGADA TALUK,
TUMKUR DISTRICT - 561 202.
- 2 -
NC: 2026:KHC:12193
MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
2. THE REGIONAL MANAGER
THE NATIONAL INSURANCE CO LTD.
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
VIDE ORDER DATED 05.06.2025, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.02.2017 PASSED IN MVC
NO.4974/2016 ON THE FILE OF THE MEMBER, PRINCIPAL MACT
AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 7794/2017
BETWEEN:
DEEPAK R
S/O RANGASWAMY,
R/AT HULEGOWDANAHALLI,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
BANGALORE DISTRICT.
...APPELLANT
(BY SRI. RANGEGOWDA N.R, ADVOCATE)
AND:
1. RANGASWAMY
S/O HANUMAPPA,
AGED MAJOR,
ARALAHALLI VILLAGE AND POST,
KASABA HOBLI, PAVAGADA TALUK
TUMKUR DISTRICT - 561 202.
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NC: 2026:KHC:12193
MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
2. THE REGIONAL MANAGER
THE NATIONAL INSURANCE CO.LTD.,
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
VIDE ORDER DATED 20.09.2022, NOTICE TO R1
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 17.02.2017 PASSED
IN MVC NO.4972/2016 ON THE FILE OF THE CHIEF JUDGE,
MEMBER, PRINCIPAL MACT, COURT OF SMALL CAUSES,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO. 7818/2017
BETWEEN:
KUMARASWAMY K B
S/O BYRANNA K.V.
R/AT KUPPEMALLA,
SOLUR HOBLI, MAGADI TALUK,
RAMANAGARAM DISTRICT.
...APPELLANT
(BY SRI. RANGEGOWDA N.R, ADVOCATE)
AND:
1. RANGASWAMY
S/O HANUMAPPA,
AGED MAJOR,
ARALAHALLI VILLAGE AND POST,
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
KASABA HOBLI PAVAGADA TALUK,
TUMKUR DISTRICT - 561 202.
2. THE REGIONAL MANAGER
THE NATIONAL INSURANCE CO. LTD.,
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
VIDE ORDER DATED 05.06.2025, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 17.02.2017 PASSED
IN MVC NO.4973/2016 ON THE FILE OF THE PRINCIPAL
MACT, AND CHIEF JUDGE, COURT OF SMALL CAUSES,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
ORAL JUDGMENT
IN MFA NO.7817/2017 :
Heard the arguments on both sides.
2. The common award was passed by the Tribunal
in M.V.C. Nos. 4972, 4973 and 4974 of 2016.
3. This M.F.A.No.7817/2017 is filed against the
award of the Tribunal in M.V.C.No.4974 of 2016. Injured
claimant met with an accident on 17.07.2016 and filed
claim petition claiming compensation of Rs.4.5 lakhs.
Tribunal considering the entire evidence on record granted
an amount of Rs.1,17,500/- with interest at the rate of 9%
per annum from date of petition till the realisation.
4. Aggrieved by the said award, he preferred an
appeal and mainly contented that the claimant has
sustained grievous injuries. But the amounts granted by
the Tribunal on all the heads are on the lower side. He
was working as a Mason and earning Rs.15,000/- per
month. But the Tribunal has taken his income as
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
Rs.7,500/- per month and the interest is to be taken at
the rate of 12% per annum. The counsel for the
respondent stated that as he is continuing his work as a
Mason, even after the injuries sustained in the accident, as
such, Tribunal has not considered 4% disability as
assessed by the doctor.
5. Though the petitioner stated that he was
earning Rs.15,000/- per month, he has not filed any
income proof. As he met with an accident in the year
2016, notional income is to be taken as Rs.9,500/- per
month as per the chart prepared by the Karnataka State
Legal Services Authority. He was aged 23 years and the
multiplier is '18'. Exhibit-P11 is the wound certificate.
Exhibit-P12 is the discharge summary. He was suffering
from 'Pneumocephaly' and PW.5-doctor stated that he
sustained head injury, phennsocephalm, and bilateral
frontal bone fracture and he was treated conservatively
and he further stated that there was swelling and
tenderness over frontal region and X-ray showed united
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C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
fractures and assessed the disability as 4%. The Tribunal
observed that as disability is only 4% for fracture of
bilateral frontal bone, it would not cause much
inconvenience in his daily activities and the fractures are
united. Admittedly, as per the medical evidence, he
sustained 4% disability and it effects his work. Therefore,
this Court finds it reasonable to take disability as 4%. as
assessed by the doctor. The Tribunal failed to properly
appreciate the facts and not granted amount under the
head 'loss of future earning capacity'. Therefore, this
Court finds it reasonable to grant an amount of
Rs.82,080/- (Rs.9,500x12x18x4%) under the head 'loss
of future earning capacity' and he was hospitalized for
a period of 7 days. The Tribunal granted Rs.50,000/-
towards 'medical expenses' as per the medical bills filed
before the Tribunal and the same is confirmed.
Considering the nature of injuries and period of
hospitalisation, the Tribunal granted Rs.25,000/- for
'pain and suffering' , Rs.20,000/- for 'loss of
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
amenities' and the same is confirmed and he is also
entitled for Rs.30,000/- towards 'transportation, extra
nourishment and attending charges' . He might not
have attended any other work at least for a period of 3
months. Therefore, Rs.28,500/- (Rs.9500 x 3) is granted
under the head 'loss of income during laid up period' .
The total compensation comes to Rs.2,35,580/-. The
claimant is entitled for enhanced compensation of
Rs.1,18,080/- (Rs.2,35,580/- minus Rs.1,17,500/-)
6. Respondent No.2 has already deposited the
awarded amount before the Tribunal. Therefore,
respondent No.2 is directed to deposit the enhanced
compensation amount of Rs.1,18,080/- with interest at
the rate of 6% p.a. within a period of one month from the
date of this order. On such deposit, the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
IN M.F.A. NO.7794/2017:
7. This M.F.A.No.7794/2017 is filed against the
award of the Tribunal in M.V.C.No.4972/2016. Petitioner
met with an accident on 17.07.2016 and filed claim
petition claiming compensation of Rs.6.5 lakhs. Tribunal
considering the entire evidence on record granted
Rs.2,12,100/- with interest at the rate of 9% per annum
from the date of petition till its realisation.
8. Aggrieved by the said award, he preferred an
appeal and mainly contended that the amounts granted
under all the heads is meager. The petitioner was earning
Rs.15,000/- per month by doing cable work. But the
Tribunal has taken Rs.7,500/- per month which is not
correct. Though, the petitioner stated that he was earning
Rs.15,000/- per month, he has not filed any income proof.
As he met with an accident in the year 2016, his notional
income has to be taken as Rs.9,500/- per month as per
the chart prepared by Karnataka State Legal Services
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C/W MFA No. 7794 of 2017
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HC-KAR
Authority. He was aged 22 years and the multiplier is '18'.
Exhibit-P2 is the wound certificate. He examined the
orthopaedic surgeon. He stated that petitioner complains
of pain over pelvic region, hip, difficulty to squat/sit cross
legged, difficulty in climbing/running and standing for long
time/bend forward, not able to do manual work and on
further examination, he found swelling over hip region,
tenderness over pelvis and LS region, both hip SLP 80
painful, pelvic compression test positive and X rayed
showed united fracture and assessed the disability as 10%
for pelvis for persistent pain. The Tribunal observed that
fracture is united and thus has considered the disability as
8% instead of 10%. This Court finds it reasonable to rely
upon the medical evidence and to consider the disability as
10%. Therefore, the 'loss of future earning capacity'
comes to Rs.2,05,200/- (Rs.9,500x12x18x10%) and
Tribunal granted Rs.15,000/- towards 'medical expenses'
and he was hospitalized for a period of 7 days. The
Tribunal granted Rs.30,000/- for 'pain and suffering' and
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
Rs.15,000/- for 'loss of amenities' and the same is
confirmed and he is also entitled for Rs.30,000/- under
the head 'transportation, extra nourishment and attending
charges'. He might not have attended any other work at
least for a period of 4 months. Therefore, Rs.38,000/-
(Rs.9500 x 3) is granted under the head 'loss of income
during laid up period'. The total compensation comes to
Rs.3,33,200/-. The claimant is entitled for enhanced
compensation of Rs.1,21,100/- (Rs.3,33,200/- minus
Rs.2,12,100/-).
9. Respondent No.2 has already deposited the
awarded amount before the Tribunal. Therefore,
respondent No.2 is directed to deposit the enhanced
compensation amount of Rs.1,21,100/- with interest at
the rate of 6% p.a. within a period of one month from the
date of this order. On such deposit, the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
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NC: 2026:KHC:12193
MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
IN M.F.A. NO.7818/2017:
10. This M.F.A.No.7818/2017 is filed against the
award of the Tribunal in M.V.C.No.4973/2016. Injured
claimant met with an accident on 17.07.2016 and filed
claim petition claiming compensation of Rs.3.5 lakhs.
Tribunal considering the entire evidence on record granted
Rs.1,02,500/- with interest at the rate of 9% per annum
from the date of petition till its realisation.
11. Aggrieved by the said award, he preferred an
appeal on similar grounds as stated above. As there is no
income proof, this Court finds it reasonable to take the
notional income as Rs.9,500/- and as the petitioner was
aged 24 years and the multiplier is '18'. The petitioner has
examined doctor as P.W.5 and he stated that since the
fracture of nasal bone is malunited and the same has been
set right by surgery for setoplasty. Learned counsel for
the respondent contended that he was treated
conservatively and he is continuing his occupation. As
such, Tribunal has not granted any amount under the head
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
of 'loss of income during laid up period' and 'loss of future
earning capacity' and it is to be confirmed. The doctor
assessed the disability as 8% and also stated that she
requires another surgery and the estimated cost of it is
Rs.25,000/-. Therefore, this Court finds it reasonable to
take disability as 8% and the 'loss of future earning
capacity' comes to Rs.1,64,160/- (Rs.9,500 x 18 x 12 x
8%). Petitioner was admitted in the hospital for 10 days.
The Tribunal granted Rs.10,000/- towards 'medical
expenses'. Tribunal already granted Rs.25,000/- towards
'pain and suffering' and Rs.25,000/- towards 'loss of
amenities' and Rs.20,000/- towards 'future medical
expenses' and it is to be confirmed. He might not have
attended any other work at least for a period of 3 months.
Therefore, Rs.28,500/- (Rs.9,500 x 3) is granted under
the head of 'loss of income during laid up period'. He is
also entitled for Rs.30,000/- under the head
'transportation, extra nourishment and attending charges'.
The total compensation The total compensation comes to
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C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
Rs.3,02,660/- . The claimant is entitled for enhanced
compensation of Rs.2,00,160/- (Rs.3,02,660/- minus
Rs.1,02,500/-).
12. Respondent No.2 has already deposited the
awarded amount before the Tribunal. Therefore,
respondent No.2 is directed to deposit the enhanced
compensation amount of Rs.2,00,160/- with interest at
the rate of 6% p.a. within a period of one month from the
date of this order. On such deposit, the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
Sd/-
(P SREE SUDHA)
JUDGE
KA
List No.: 1 Sl No.: 45
NC: 2026:KHC:12193
MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 26 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 7817 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7794 OF 2017 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 7818 OF 2017 (MV-I)
IN MFA No. 7817/2017
BETWEEN:
ASHWATHNARAYANA
S/O LATE MALLAPPA,
NOW AGED ABOUT 24 YEARS
R/AT BAKTHANAPALYA, KASABA HOBLI
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT
AND ALSO RESIDING AT RAJAVANTHI
KASABA HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT.
…APPELLANT
Digitally signed
by
SHARADAVANI
B
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. RANGEGOWDA N.R, ADVOCATE)
AND:
1. RANGASWAMY
S/O HANUMAPPA,
AGED MAJOR,
ARALAHALLI VILLAGE AND POST,
KASABA HOBLI PAVAGADA TALUK,
TUMKUR DISTRICT - 561 202.
- 2 -
NC: 2026:KHC:12193
MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
2. THE REGIONAL MANAGER
THE NATIONAL INSURANCE CO LTD.
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
VIDE ORDER DATED 05.06.2025, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.02.2017 PASSED IN MVC
NO.4974/2016 ON THE FILE OF THE MEMBER, PRINCIPAL MACT
AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 7794/2017
BETWEEN:
DEEPAK R
S/O RANGASWAMY,
R/AT HULEGOWDANAHALLI,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
BANGALORE DISTRICT.
...APPELLANT
(BY SRI. RANGEGOWDA N.R, ADVOCATE)
AND:
1. RANGASWAMY
S/O HANUMAPPA,
AGED MAJOR,
ARALAHALLI VILLAGE AND POST,
KASABA HOBLI, PAVAGADA TALUK
TUMKUR DISTRICT - 561 202.
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MFA No. 7817 of 2017
C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
2. THE REGIONAL MANAGER
THE NATIONAL INSURANCE CO.LTD.,
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
VIDE ORDER DATED 20.09.2022, NOTICE TO R1
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 17.02.2017 PASSED
IN MVC NO.4972/2016 ON THE FILE OF THE CHIEF JUDGE,
MEMBER, PRINCIPAL MACT, COURT OF SMALL CAUSES,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO. 7818/2017
BETWEEN:
KUMARASWAMY K B
S/O BYRANNA K.V.
R/AT KUPPEMALLA,
SOLUR HOBLI, MAGADI TALUK,
RAMANAGARAM DISTRICT.
...APPELLANT
(BY SRI. RANGEGOWDA N.R, ADVOCATE)
AND:
1. RANGASWAMY
S/O HANUMAPPA,
AGED MAJOR,
ARALAHALLI VILLAGE AND POST,
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HC-KAR
KASABA HOBLI PAVAGADA TALUK,
TUMKUR DISTRICT - 561 202.
2. THE REGIONAL MANAGER
THE NATIONAL INSURANCE CO. LTD.,
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
VIDE ORDER DATED 05.06.2025, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 17.02.2017 PASSED
IN MVC NO.4973/2016 ON THE FILE OF THE PRINCIPAL
MACT, AND CHIEF JUDGE, COURT OF SMALL CAUSES,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
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C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
ORAL JUDGMENT
IN MFA NO.7817/2017 :
Heard the arguments on both sides.
2. The common award was passed by the Tribunal
in M.V.C. Nos. 4972, 4973 and 4974 of 2016.
3. This M.F.A.No.7817/2017 is filed against the
award of the Tribunal in M.V.C.No.4974 of 2016. Injured
claimant met with an accident on 17.07.2016 and filed
claim petition claiming compensation of Rs.4.5 lakhs.
Tribunal considering the entire evidence on record granted
an amount of Rs.1,17,500/- with interest at the rate of 9%
per annum from date of petition till the realisation.
4. Aggrieved by the said award, he preferred an
appeal and mainly contented that the claimant has
sustained grievous injuries. But the amounts granted by
the Tribunal on all the heads are on the lower side. He
was working as a Mason and earning Rs.15,000/- per
month. But the Tribunal has taken his income as
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MFA No. 7818 of 2017
HC-KAR
Rs.7,500/- per month and the interest is to be taken at
the rate of 12% per annum. The counsel for the
respondent stated that as he is continuing his work as a
Mason, even after the injuries sustained in the accident, as
such, Tribunal has not considered 4% disability as
assessed by the doctor.
5. Though the petitioner stated that he was
earning Rs.15,000/- per month, he has not filed any
income proof. As he met with an accident in the year
2016, notional income is to be taken as Rs.9,500/- per
month as per the chart prepared by the Karnataka State
Legal Services Authority. He was aged 23 years and the
multiplier is '18'. Exhibit-P11 is the wound certificate.
Exhibit-P12 is the discharge summary. He was suffering
from 'Pneumocephaly' and PW.5-doctor stated that he
sustained head injury, phennsocephalm, and bilateral
frontal bone fracture and he was treated conservatively
and he further stated that there was swelling and
tenderness over frontal region and X-ray showed united
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MFA No. 7818 of 2017
HC-KAR
fractures and assessed the disability as 4%. The Tribunal
observed that as disability is only 4% for fracture of
bilateral frontal bone, it would not cause much
inconvenience in his daily activities and the fractures are
united. Admittedly, as per the medical evidence, he
sustained 4% disability and it effects his work. Therefore,
this Court finds it reasonable to take disability as 4%. as
assessed by the doctor. The Tribunal failed to properly
appreciate the facts and not granted amount under the
head 'loss of future earning capacity'. Therefore, this
Court finds it reasonable to grant an amount of
Rs.82,080/- (Rs.9,500x12x18x4%) under the head 'loss
of future earning capacity' and he was hospitalized for
a period of 7 days. The Tribunal granted Rs.50,000/-
towards 'medical expenses' as per the medical bills filed
before the Tribunal and the same is confirmed.
Considering the nature of injuries and period of
hospitalisation, the Tribunal granted Rs.25,000/- for
'pain and suffering' , Rs.20,000/- for 'loss of
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amenities' and the same is confirmed and he is also
entitled for Rs.30,000/- towards 'transportation, extra
nourishment and attending charges' . He might not
have attended any other work at least for a period of 3
months. Therefore, Rs.28,500/- (Rs.9500 x 3) is granted
under the head 'loss of income during laid up period' .
The total compensation comes to Rs.2,35,580/-. The
claimant is entitled for enhanced compensation of
Rs.1,18,080/- (Rs.2,35,580/- minus Rs.1,17,500/-)
6. Respondent No.2 has already deposited the
awarded amount before the Tribunal. Therefore,
respondent No.2 is directed to deposit the enhanced
compensation amount of Rs.1,18,080/- with interest at
the rate of 6% p.a. within a period of one month from the
date of this order. On such deposit, the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
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C/W MFA No. 7794 of 2017
MFA No. 7818 of 2017
HC-KAR
IN M.F.A. NO.7794/2017:
7. This M.F.A.No.7794/2017 is filed against the
award of the Tribunal in M.V.C.No.4972/2016. Petitioner
met with an accident on 17.07.2016 and filed claim
petition claiming compensation of Rs.6.5 lakhs. Tribunal
considering the entire evidence on record granted
Rs.2,12,100/- with interest at the rate of 9% per annum
from the date of petition till its realisation.
8. Aggrieved by the said award, he preferred an
appeal and mainly contended that the amounts granted
under all the heads is meager. The petitioner was earning
Rs.15,000/- per month by doing cable work. But the
Tribunal has taken Rs.7,500/- per month which is not
correct. Though, the petitioner stated that he was earning
Rs.15,000/- per month, he has not filed any income proof.
As he met with an accident in the year 2016, his notional
income has to be taken as Rs.9,500/- per month as per
the chart prepared by Karnataka State Legal Services
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Authority. He was aged 22 years and the multiplier is '18'.
Exhibit-P2 is the wound certificate. He examined the
orthopaedic surgeon. He stated that petitioner complains
of pain over pelvic region, hip, difficulty to squat/sit cross
legged, difficulty in climbing/running and standing for long
time/bend forward, not able to do manual work and on
further examination, he found swelling over hip region,
tenderness over pelvis and LS region, both hip SLP 80
painful, pelvic compression test positive and X rayed
showed united fracture and assessed the disability as 10%
for pelvis for persistent pain. The Tribunal observed that
fracture is united and thus has considered the disability as
8% instead of 10%. This Court finds it reasonable to rely
upon the medical evidence and to consider the disability as
10%. Therefore, the 'loss of future earning capacity'
comes to Rs.2,05,200/- (Rs.9,500x12x18x10%) and
Tribunal granted Rs.15,000/- towards 'medical expenses'
and he was hospitalized for a period of 7 days. The
Tribunal granted Rs.30,000/- for 'pain and suffering' and
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Rs.15,000/- for 'loss of amenities' and the same is
confirmed and he is also entitled for Rs.30,000/- under
the head 'transportation, extra nourishment and attending
charges'. He might not have attended any other work at
least for a period of 4 months. Therefore, Rs.38,000/-
(Rs.9500 x 3) is granted under the head 'loss of income
during laid up period'. The total compensation comes to
Rs.3,33,200/-. The claimant is entitled for enhanced
compensation of Rs.1,21,100/- (Rs.3,33,200/- minus
Rs.2,12,100/-).
9. Respondent No.2 has already deposited the
awarded amount before the Tribunal. Therefore,
respondent No.2 is directed to deposit the enhanced
compensation amount of Rs.1,21,100/- with interest at
the rate of 6% p.a. within a period of one month from the
date of this order. On such deposit, the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
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IN M.F.A. NO.7818/2017:
10. This M.F.A.No.7818/2017 is filed against the
award of the Tribunal in M.V.C.No.4973/2016. Injured
claimant met with an accident on 17.07.2016 and filed
claim petition claiming compensation of Rs.3.5 lakhs.
Tribunal considering the entire evidence on record granted
Rs.1,02,500/- with interest at the rate of 9% per annum
from the date of petition till its realisation.
11. Aggrieved by the said award, he preferred an
appeal on similar grounds as stated above. As there is no
income proof, this Court finds it reasonable to take the
notional income as Rs.9,500/- and as the petitioner was
aged 24 years and the multiplier is '18'. The petitioner has
examined doctor as P.W.5 and he stated that since the
fracture of nasal bone is malunited and the same has been
set right by surgery for setoplasty. Learned counsel for
the respondent contended that he was treated
conservatively and he is continuing his occupation. As
such, Tribunal has not granted any amount under the head
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of 'loss of income during laid up period' and 'loss of future
earning capacity' and it is to be confirmed. The doctor
assessed the disability as 8% and also stated that she
requires another surgery and the estimated cost of it is
Rs.25,000/-. Therefore, this Court finds it reasonable to
take disability as 8% and the 'loss of future earning
capacity' comes to Rs.1,64,160/- (Rs.9,500 x 18 x 12 x
8%). Petitioner was admitted in the hospital for 10 days.
The Tribunal granted Rs.10,000/- towards 'medical
expenses'. Tribunal already granted Rs.25,000/- towards
'pain and suffering' and Rs.25,000/- towards 'loss of
amenities' and Rs.20,000/- towards 'future medical
expenses' and it is to be confirmed. He might not have
attended any other work at least for a period of 3 months.
Therefore, Rs.28,500/- (Rs.9,500 x 3) is granted under
the head of 'loss of income during laid up period'. He is
also entitled for Rs.30,000/- under the head
'transportation, extra nourishment and attending charges'.
The total compensation The total compensation comes to
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Rs.3,02,660/- . The claimant is entitled for enhanced
compensation of Rs.2,00,160/- (Rs.3,02,660/- minus
Rs.1,02,500/-).
12. Respondent No.2 has already deposited the
awarded amount before the Tribunal. Therefore,
respondent No.2 is directed to deposit the enhanced
compensation amount of Rs.2,00,160/- with interest at
the rate of 6% p.a. within a period of one month from the
date of this order. On such deposit, the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
Sd/-
(P SREE SUDHA)
JUDGE
KA
List No.: 1 Sl No.: 45