MFA/4158/2023 of M V RUDRAMURTHY Vs JABEEULLA on 1 June 2026

ORAL JUDGMENT

This appeal is by the claimant seeking for enhancement of compensation, arising out of judgment and award dated 10.03.2023 in MVC.No.658/2021 passed by the Judge, Additional Court of Small Causes, MACT, Mysuru1.

2. The Tribunal by means of the judgment and award, awarded compensation of Rs.4,41,000/- with interest @ 6% p.a., from the date of petition till realization.

1 ‘Tribunal’ for short

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3. The date of accident, involvement of vehicle, injuries suffered and the liability to pay the compensation are not in dispute. The only dispute is with regard to quantum of compensation.

4. Heard Sri.Syed Abdul Saboor, learned counsel appearing for the appellant and Sri. B.Pradeep, learned counsel appearing for respondent No.2, vide order dated 30.04.2026, notice of this appeal on respondent No.1 is dispensed with.

5. Sri. Syed Abdul Saboor, with all vehemence submits that the claimant has suffered the following injuries:

(a) Intercondylar fracture of right femur.

(b) 3x1 cm bony deep lacerated wound over right patella with fracture of right patella.

(c) Fracture of shaft of right tibia.

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6. The claimant was in-patient for a period of 7 days. He has undergone operation for fixation of ORIF of femur with locking compression plate, closed reduction and internal fixation of tibia with interlocking nail, total patellectomy with quadriceps tendon repair and wound debridement and primary closure under combined spinal and epidural anesthesia and discharged on 31.05.2021. The claimant was aged 55 years as on the date of accident. He further submits that, the Doctor who has been examined as PW.2 has stated that there is disability of 64% to the particular limb. Hence, the Tribunal has awarded inadequate compensation under all the heads except the head under ‘medical expenses’ and sought to enhance the compensation.

7. Per contra, Sri.B.Pradeep, learned counsel appearing for the Insurer with all vehemence submits that the Tribunal having considered the entire material placed before it, appropriately considered the disability at 15% and awarded appropriate compensation. However, on the

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query of the Court, learned counsel fairly submitted that the disability may be considered as 1/3rd of 64% instead of 15%.

8. Having considered the rival submissions, this Court is of the opinion that the Tribunal has erred in considering the disability at 15%. In view of the fact that the claimant was an agriculturist, the fracture suffered to major bone and in view of the fact that he has undergone operation, this Court is of the opinion that if the disability is considered at 25% it would meet the ends of justice. Accordingly, the same is considered.

9. Considering the year of the accident, the petitioner is entitled for 15,000/- p.m., as remuneration as per the chart prepared by the KSLSA for settling the matters before Lok Adalat. The same is considered by the Tribunal and the same is taken for re-assessing the compensation.

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10. A perusal of the injuries suffered, treatment taken and the compensation awarded by the Tribunal under each heads when compared with each others. this Court is of the opinion that the compensation awarded under all the heads except the head ‘Medical Expenses’ are on the lower side. As such, the same requires re-determination and re-assessment.

11. Accordingly, this Court proceeds to re-ass the compensation, under the following heads: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

1. Expenses relating to Treatment Hospitalization and Medication 1,13,000-00 1,13,000-00

2. Loss of Earnings during treatment (laid up period) 15,000-00 60,000-00 (15,000x4)

3. Loss of Earnings/Future earnings on account of disability 2,43,000-00 4,05,000-00 (15,000x12x9x25%)

4. Damages for pain, suffering and Trauma as a consequence of this injuries 40,000-00 60,000-00

5. Loss of Amenities 15,000-00 50,000-00

6. Transporation, Nourishment, Attendant and Miscellaneous Expenditure 15,000-00 20,000-00

TOTAL 4,41,000-00 7,08,000-00

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12. The claimant is entitled for a total compensation of Rs.7,08,000/-. The enhanced compensation comes to Rs.2,67,000/- (Rs.4,41,000 - Rs.7,08,000) which shall carry interest at the rate of 6% p.a., from the date of petition till its realiation.

13. For the foregoing reasons, this Court proceeds to pass the following:

ORDER

i) The appeal is allowed-in-part. ii) The judgment and award dated 10.03.2023 in MVC.No.658/2021 passed by the Judge, Additional Court of Small Causes, MACT, Mysuru, is hereby modified and enhanced to Rs.2,67,000/- which shall carry interest at the rate of 6% per annum from the date of petition till its realization.

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iii) The Insurer/respondent No.2 shall deposit the entire enhanced compensation along with interest supra within six weeks before the concerned Tribunal from the date of receipt of copy of this order. iv) Upon deposit entire amount shall be released in favor of the claimant on proper identification.

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 7 ct-vn