High Court Karnataka High Court

Gangabyregowda vs The Oriental Insurance Co Ltd on 4 October, 2010

Karnataka High Court
Gangabyregowda vs The Oriental Insurance Co Ltd on 4 October, 2010
Author: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 4'"! DAY OF OCTOBER, 2010
BEFORE

THE I-ION' BLE MR. JUSTICE B.SREENIVASE'D<'G.OWDA

Miscellaneous First Agpeai No. 7 A  

Between

Gangabyregowda
Aged about 32 Years,
S/0. Late Muddaiah
C / 0. Hanumanthappa
Yeramanchanahalli   ~
T. Begur Post, ' A , '  
Nelarnangala Taluk.    '
 A     Appellant

(By"s§'~:. V  'Ac'1"*._:r.}.V. A
Anq.» ~~~~     V A

1. VThe4_OV1'ient.a1. VI"nsi'1r,a'1;ce Co. Ltd,
S111. Yethiraj . Ifiuhttee Building,
_ N0.1"99', 2??'---_ M-.'_1in~* 'Road,
 A Sampige.__R0ad, Malleshwararn,
 ;,BAa11.ga,10reD 
By it's..Manager.

 '{j?';v».(}'0,i*iSha.nka.r H. G.
Major '
S/O." Gangappa H.V.
'' SGF MRS Layout, 7th Cross.
Pipe Line Road, Sunkadakatte

Bangalore -- 91.
 Respondents

[By Smt. Harinishivanand, Adv. for R1,
R2 -~ notice dispensed with v/0. dated 16.04.2009)

2

i

This MFA is filed U/S 173(1) of MV Act, against
the judgement and award dated 20.06.2007 passed in
MVC No.3614/2006 on the file of 1st Additional Judge,
Member, MACT, Bangalore, SCCH–l1, partly allowing
the claim petition for compensation and”
enhancement for compensation. ”

This appeal coming on for

the Court, delivered the following; b

Junomefigfl

This appeal is b”y.:”the Hseekingl

enhancement of by the
Tribunal. _ V V _

2. Heard ffhe appea} u; gdgfituxi and xvfih the

consent of :C’o’tr.cn’sel:i,ap:pe–aring for the parties it

is taken

3. Fo1’«-.._tlhe slaker.o’f’0onvenienee parties are referred to

are ref’erre.d’ in the claim petition.

of the case are:

on 30.04.2006 when the claimant was

AA proceeding on his TVS XL bearing registration No.

04 EJ 7647 and waiting on NH 4 near Duciale

Kalyana Mantapa ‘U’ turn on Bangalore ~ Tumkur road

wf.

in order to take a turn, a motorcycle bearing No. KA ()2
ES 7873 came in a rash and negligent manner and

dashed his TVS XL, as a result he sustainedvVgrievous

injuries. Hence, he filed a claim petition

Bangalore seeking compensation of

the Tribunal has awarded
with interest at 6% p.a. l l l A l l

5. As there is no 1 occurrence of
accident, negligencerand Insurer of the
offending vehicle remains for

consideration – I

it ” ‘ = cornffievnsation awarded by
‘;_Ath.e’Tribu:’nal ibs”j.ust and reasonable or does it
eall for e_11l1ancer_r’1’en’t?

6. ~ After Vhiearing” learned Counsel appearing for

., , dc-‘erusing the judgment and award of the

‘V of the View that the compensation

awardhed, the Tribunal is not just and reasonable. it

is is orifthe lower side and therefore it is deserved to be

t V V’ enhanced.

and 180A)..to§’–v§(hi§1:€’_ 113″

7. As per the wound certificate Ex. P 4 claimant has
sustained segment fracture of both the bones of his

right leg. Injuries sustained by him are also her/’ident

from discharge summary document cas”e_

sheet Ex. P 52, X–ray films Ex. 13 53«vmf’;:;f5i6

supported by oral evidence

doctor examined as PWs >1′ and 2=reVspecii\kcEy.,.._ He Was}

treated in Sanjay Gandhi for 13 days.
PW 2 Dr. Prakasl”i«ar)pa’A–_j’i7;_I*ii it ._stated that the

claimant has suffered” right lower limb

8. of injuries the Tribunal
has rightly’ ~ towards pain and

suffering and thereiis no scope for enhancement under

. after scrutinizing the hills produced

by4″t.h:”et c1airnant has rightly awarded Rs.16,000/–

towards medical expenses and there is no scope for

enhancement under this head.

%,

‘5

10. Claimant claims to be an agriculturist, and
therefore, his income is assessed at Rs.3,000/– p.m.

Nature of injuries suggests that he must ha’i%e”»rbeen

under treatment and rest atieast for

months and E award Rs.9,000/– toward~s-.].o’s.sv

during laid up period as against l

the Tribunal.

11. Considering the disablilliity’ statedrby thexldoctor the

Tribunal has rightly4_.awa1.fdedd/–l”toyv’ards loss
of amenities and there enhancement
under this

12. there is 55% disability to the
right 1’cwer l 18.33% to the Whoie body.

Considering “t~h.eV____same functional disability is assessed

‘ ;lat,15_%.. clairnant is 30 years old. The multiplier

his age group is 17. Accordingly future

income works out to Rs.9l,800/– (Rs.3,000/– X

it ‘l5?/0 X 12 X 17} and it is awarded.

fir

13. Considering the nature of injuries the Tribunal has
rightiy awarded Rs.5,000/- towards future medical
expenses and there is no scope for enhancementainder

this head.

14. Thus the ciaimant is enititiedfl ii’

Compensation:

1) Pain and suffering?’ _ Rs; 220,000/–

2) Medical 8; incidental 0′ _

Expenses] V R Rs. 16,000/–

3] loss of income d1.1ri’ng_ ” ._

laid up periodn. ‘ Rs. 9,000/-

I.,oss—of ai.men_i1ties4 ‘ Rs. 20,000/~
5} H offuture income Rs. 91,800/–

6) Future »rriejclrdi’Ca1v”eXpenses Rs. 5,000/-

tttt Rs.1.81.800/-

15. i:tiae””.apV.peal is allowed in part. The

judgnient andaward of the Tribuna} is modified to the

.0 hereinabove. The ciairnant is entitled for

at2at-.,tot’ai”.”_’»d-conihensation of Rs.1,81,800/– as against

— awarded by the Tribunal with interest at

it on the enhanced compensation of Rs.99,800/-

“”§(Rupees Ninety nine thousand and eight hundred only)