MFA/5257/2025 of DEVRAJ Vs CHANDRASHEKAR B C on 6 October 2026

ORAL JUDGMENT

1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 24.08.2023 passed in MVC No. 2242/2019 by the Additional Senior Civil Judge and MACT, Srirangapatna.

2. Even though the appeal is listed for `Admission’ today, with the consent of the learned counsel appearing

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for appellant – claimant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal.

3. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 21.10.2019 due to the rash and negligent driving by the driver of car bearing registration No. KA-01-AK-4055. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Pain, shock and agony Rs.40,000/-

Medical expenses Rs.10,100/-

Food, diet, nourishment, conveyance and other incidental expenses Rs.3,000/-

Loss of income during treatment period Rs.14,000/-

Loss of income towards permanent disability Rs.2,72,160/-

Disappointment and discomfort and loss of amenities Rs.20,000/-

Total Rs.3,59,260/-

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HC-KAR

4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

5. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

6. The accident occurred on 21.10.2019 and as on the date of accident claimant was aged 25 years. Claimant is not seeking enhancement under the heads loss of future income due to disability, food, diet, nourishment, conveyance and other incidental expenses and medical expenses.

7. Claimant had sustained the following injuries as per Ex.P.9 – discharge summary: “fracture, Calcaneum right heel with soft tissue injury due to right knee chip.”

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HC-KAR

8. Considering the said injuries compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- is enhanced to Rs.70,000/- and loss of amenities awarded in a sum of Rs.20,000/- is enhanced to Rs.40,000/-. Considering the said injuries claimant had to take rest at-least for three months and therefore, claimant is entitled to loss of income during laid up period in a sum of Rs.42,000/- (Rs.14,000 X 3 months).

9. Considering the above aspects, claimant is entitled to enhanced compensation under various heads as under:

Pain and suffering Rs.30,000.00

Loss of amenities Rs.20,000.00

Loss of income during laid up period Rs.28,000.00

Total Rs.78,000.00

10. Considering the above aspects claimant is entitled to enhanced compensation of Rs.78,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with

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interest. Claimant is not entitled to interest for the delay period of 590 days in filing the appeal as per the order dated 06.03.2026 passed on I.A. No. 1/2025.

11. In view of the above, the following;

O R D E R

a) Appeal is allowed in part.

b) Appellant - claimant is entitled to enhanced compensation of Rs.78,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.

c) Appellant – Claimant is not entitled to interest for the delay period of 590 days.

d) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day.

(SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 34 CT-NN

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