M. EA No.1 1129/2005
IN THE HIGH COURT or KARNATAKA
DATED THIS THE 2961 DAY OF A'
BERQRE, \ 2 4'
THE HON'BLE Dr. JUsT1€:1é;_
MISCELL_ANEOUS F¥I4"ESV3' I "'2F§PPE§AL--_1\ia>. (MVP; T'
BETWEEN: V .
SIi.S.Vasudevan, - 1
Aged about 45 years, V V
S/0.SI'i.P.R.Subba.Rao«,.:"
R/a.No.2£);A1V°*_'F1o€)_r,§ . "
Ka1ikamf:aTeinpEe'St:1*e¢t, _ « fa
A_
B:"mga1o3fi;_-560?-2 026;. § 2 . v . ..APPELLANT
(By Si+i..§é.I§:ié.hfi.a.VReei.£1y 3.-,
' » S1i.C1urugop.inath, Advs.)
'V s; S;Ru;S.Trave1s,
by its Pzopiictor,
Rajashckar,
"No.32 1 / 3, T. S.P. Road,
" V Kaiasipalyam,
Bangalore-S60 002.
VV ' ' The New India Assurance Co.L1:d,,
No.40, Lakshmi Complex,
2*" Floor, K.R.Road, Fort,
Ba.ngalore--56{) 002,
Rep. by its Manager. ...RESPONDEN'I'S
(By Sri.D.S,S1'idhar, Adv. for R-2)
¥\3
M.F.A NQ11129/2005
This M.F.A. is filed 11/ s.173(1) of MV Act against the
Judgment an Award dt.22.'7.2005 passed in
No.5323/2004 on the file of the IV Add}. Judge,
Small Causes 8:; Member, MAUI', Metropolitan A,=~eaj_
Bangalore (S(3CH--6) partly allowing the claim peftitiof1,L_for:__
compensation 85 seeking enhancement of compensatigzzt.' 4.
This M.F.A. comm' g on for admission,.:
Court delivered the following-
The appellant] claiment --N._o.5('§23/20§()4 on
the file of Court of M.A.C.'I' at
Bangalore city, :31 for enhanced
compensafic-xi; 'A t t
2:.1oWit'h the leaxned counsels for the
parties, heard' disposal.
V' _ 5"3.:_L:eaz'.§1ed for the appellant submits that the
working as a Cash Collector for cable
cor:;;.teetio«1.1"Vt£i33tier S. Rajesh on a sala1y of Rs.3,8(¥0/-- per
",_n:1o11th,~. Tfibunal has not awarded any commnsation
A X1' loss of earning during the period of treatment and
t rest at least for a period of three months. He further
M.F*'.A No.11129/2005
subneits that the claimant had sustained
plater fracture with laterial condyle fracture of
the claimant was aged about 44 years and the V
got disablement to the extent of ._
lower Iimb and 10°/o to the 'V V
Tribunal has not awarded vtowaixds loss
of earning capacity. V if as? that the
claimant has stated b.§:§5j;~¢V." that as the
claimant hence, he left the
job. awarded towards pain and
sufiefinfi is on the lower side and no
coe1pensa'eioh"' .. heen awarded towards attendant
Therefore, he submits that the impugned
I may be modified and additional
may be awarded,
2 ~ 4." Learned counsel for Respondent No.2/Insurance
tfotzdpany submits that the Tribunal has awarded
V’ Eeasonabxe compensation of Rs.S5,000/– with interest and
the same has been deposited and isaid to the
Le
M.P’.A N¢4..1Vi»1¢9;2oe5
appellant] claimant and there is no
enhancement of compensation; «
5. It is pertinent to -1_;.1cx3.fi”c;:(t”it§1:V-at htgts
awarded compensation in pf as under:
$ _ ._ ‘ ks-
Pain and 25,ooo~oo
Med§ie:fi::t!%xpe¥:se:3t ~ 5,ooo~oo
% 1o,0oo~o
“”” ~é;Ed.:’:1ou1§VSIiii1cnt
‘ cf-:xpc11*scs_ ‘o
Total Rs.55,000~(}0
éktxtxittedly, the Tribunal has not taken into
‘j_tI1’c salary of the claimant and no compensation
Itas awarded towards loss of eaxnjng during the period
At fiiatxnent and rest. Keeping in View the nature of
ifit1j11I’i€S sustained and fieatntzent taken by the claitaazlt, he
could not have done anything for a pcziod of three: months.
Therefore, the claimant was entitled for compensation
L_t
M.F’.A N0, 11129/2005
towards loss of earning during the period of
rest for three months. The emplayer of the
examined. The claimant has pleaded» gehfiai-._
Rs.3,800/- per zzaonth. In
satisfactory evidence, earnm Vgeiéjf ._tl1e f 4Be”SVe.fe1y ‘V
fixed at Rs.3,000[ ~ p.133…” isventistled for a
sum of Rs.9,000/- _ téeernjng during the
period of treatment ‘ Oificer has
deposed to the extent
of to :iower”li:a1b. In my View permanent
éisabhteeetot be safely fixed at 10%; of
the jévhele V_ ‘I’i’:1e was 44 years. In View of the
by the H0n’b1e Apex Court in Civil Appeal
1 .tt3″O,_348i§’i«200[8v.*:”on 15.04.2009 (SARALA VARMA AND
(3’1’HEI2_E3′ .,§’/s.DELHI TRANSPORT CORPORATEON AND
ifiis a fit case to apply multiplier 14 and award
eatxtgiensafion towards loss of future caxnings. Thus, the
is entitled for cozzepensation of R’s.50,400[-
(Rs.3,w€)/~ x 10% X 12 x 14) towamds loss of earning
capacity. As no compensation is awarded towards
L_/H
M.F’.A No.11129/2005
attendant charges, it would meet the ends _c;f”~f:p
awani a sum of Rs,1,00€)/-
Compensation awarded by thgz’ ‘
heads does not call for enhancexaiépi — A
‘7. Thus, the cla1ma’ D’V’VL’:ktVVV’ T for ‘vfiaddifionai
compensation as ‘A ‘ L H H
Loss d:11:ii1g”t}§:é L
Qf ‘rest .
(Rs;.3,(;foQ/-xaggjjg. é’ 9,000-00
(R;s.~3,OOI3’i-: x ;(29g;;’;:__12-x 14) 50,4o0~oo
Azt§nd§n=t J 1900-00
3 claimant is entitled for additional
éompgnaétién of Rs.60,400/ –.
AA in the result, the appeal is partly alkswed hoiding
the appeilantj ciaimani is entitled for aciditioznal
L
M.F.A No.11129/2005
compensation of Rs.60,400/ – along with interest a1 t’ac rate
of 6% p.a., from the date of petition till ~
The Respondent No.2]II1sura.nce
to deposit the award amount 1
months from today.
The Tribunal is at t9 order