Sri Dhanush v. The Manager

NC:(2025:KHC:53850( MFA(No.(8389(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(17 (DAY(OF(DECEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(UMESH(M(ADIGA( MISCELLANEOUS(FIRST(APPEAL(NO.(8389(OF(2023((MV-I)(

BETWEEN:((

( SRI,DHANUSH, S/O,SRI,T,S,RAMESH,,

AGED,ABOUT,22,YEARS,, R/AT,NO.437,,6TH,CROSS,, 1ST,MAIN,ROAD,,GOKULA,

1ST,STAGE,,YESHWANTHAPURA,, BENGALURU,-,560,022., …APPELLANT,

(BY,SRI.,M,V,MAHESWARAPPA.,,ADVOCATE), , AND:(

(

1., THE,MANAGER, IFFCO,TOKIO,GEN,INS,CO,LTD.,,

MOTOR,CLAIMS,HUB,, NO.,141,,5TH,FLOOR,, Digitallytisignedtiby SRI,SHANTHI,TOWERS,,ANNAPURNA0G NO.141,,3RD,MAIN,ROAD,, Location:0HIGH EAST,OF,NGEF,LAYOUT,, COURT0OF KASTURI,NAGAR,,KARNATAKA BENGALURU,-,560,043., ,

2., SRI,MUNISHAMAPPA,, MAJOR,IN,AGE,, NO.405,,KAKOLU,ROAD,, RAJANUKUNTE,, BENGALURU,NORTH,, BENGALURU,-,560,064., …RESPONDENTS, (BY,SRI.,PRADEEP,B.,,ADVOCATE,FOR,R1;, ,,,,,,V/O,DTD,11/01/24,,NOTICE,TO,R2,IS,D/W),

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2023 PASSED IN MVC NO.3198/2022 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 10th October 2023, passed by the II Additional Judge and ACMM, Member MACT, Court of Small Causes, Bengaluru, SCCH-13, (for short `Tribunal'), in MVC No.3198/2022, seeking enhancement of compensation. Though this appeal is listed for admission, with the consent of both the parties it is taken up for final disposal.

¶2For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

¶3The brief facts of the case are that, on 24.04.2022, at about 10.45 a.m., the claimant met with an accident by involvement of a lorry bearing registration No.KA-01-AE-3078

at Doddaballapur-Bengaluru main road, Rajanukunte Village, Hesarghatta Hobli. In the said incident, the claimant sustained comminuted fracture of intercondylar of left distal humerus with bone loss and bilateral condyle of symphysis mandible along with other simple injuries. He has suffered permanent disability. With these reasons, prayed to award compensation.

¶4Respondent No.1-insurer denied the petition averments and prayed to dismiss the claim petition.

¶5From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination.

¶6The claimant to prove his case examined three witnesses as PW-1 to PW-3 and marked 18 documents, as per Exs.P-1 to P-18. Respondents have examined one witness as RW-1 but not marked any documentary evidence.

¶7The Tribunal after hearing both parties and appreciating the evidence on record, held that the accident occurred due to rash and negligent driving of the offending lorry by its driver and has awarded the following amount of compensation:

Particulars Amount in Rs. Loss of future earnings 3,34,800/-Pain and sufferings 25,000/-Medical expenses 4,08,573/-Nourishment, conveyance and attendant charges 9,000/-Loss of income during laid up period 46,500/-Loss of amenities in life 15,000/-Future medical expenses 15,000/-Total 8,53,873/-

¶8The Tribunal has taken income of the claimant as Rs.15,500/- per month and applied the multiplier as '18', accepted his age as 21 years and the disability assessed as 10%.

¶9The fact of the accident and injuries sustained by the claimant are not in dispute. The grievance of the appellant in this case is that disability taken by the Tribunal is on the lower side. According to the evidence of PW.3, the disability of the claimant was 49% to the left lower limb and 25% to the whole body. But the Tribunal without sufficient reasons has taken the disability at 10%. He further stated that the amount

of compensation awarded under other heads are on the lower side. Therefore, prayed to enhance the compensation.

¶10Learned counsel for the appellant has produced a copy of evidence of PW.3, wherein it is stated that the claimant has suffered 37.5% disability to the left upper limb. The remaining 20% disability pertains to the fracture of mandible. However, it may not lead to functional disability but it may cause inconvenience while chewing the food. Therefore, the Tribunal, instead of 10%, ought to have considered 12% as permanent disability. On re-appreciation of the materials available on record, the amount of compensation awarded under some of the heads require enhancement. No amount of compensation is awarded towards the loss of amenities. The fracture of mandible would lead to inconvenience while chewing the food and the person may look ugly. The fracture is not properly united. Considering the same, some amount of compensation needs to be awarded towards loss of amenities. Accordingly, the following amount of compensation is awarded:

Particulars Amount in Rs. Pain and sufferings 60,000/-Loss of amenities 50,000/-Medical expenses 4,08,573/-Loss of future earning capacity due to disability (Rs.15,500/-x 12 x 18 x 12%) 4,01,760/-Future medical expenses 50,000/-Special diet, conveyance and attendant charges 25,000/-Loss income during laid up period 46,500/-Total 10,41,833/-Amount awarded by the Tribunal Enhancement-Rounded off-8,53,873/-1,87,960/-1,88,000/-

¶11The claimant is entitled to interest on the enhanced amount of compensation at the rate of 6% per annum from the date of petition till its realization.

¶12Undisputedly, the respondents are liable to pay the said amount.

¶13In the result, I proceed to pass the following:

ORDER

i) The Appeal is allowed in part.

ii) The impugned judgment and award dated 10th October 2023, passed in MVC.No.3198/2022, by the II Additional Judge and ACMM Member MACT, Court of Small Causes, Bengaluru, SCCH-13, stands modified;

iii) The claimant is entitled to enhancement of Rs.1,88,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization, excluding interest on the future medical expenses.

iv) The remaining portion of the award is not disturbed.

v) Draw award accordingly.

Registry is directed to send a copy of this judgment to the concerned Tribunal.

Sd/- (UMESH M ADIGA) JUDGE

AMA List No.: 1 Sl No.: 10