IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1637" DAY OF SEPTEMBER, 20
:PRESENT:
THE HON'BLE 1\m.JUs'r:cE N.K_p--§;l§Iii .
AND
THE HON'BLE MR.JUsTi<;E
M.F.A.No'»i'6-27 015 gm' {1'vi\:_/.1
Between: "
Smt. Sumangala,
W/0. Srinivasan,
8/ 0. Hanumanthappa, _ ;
Aged about 58 years, _ '
R/at. No. 85, _ V
Gruhalakshniti .V
I'Stage, '
2 ' V " ....Appel1ant
(By Sri.'N.G:. 'Kot;~e,_jjAdva_gate}~
. _ Acheiiivaraju,
' 2 , S ,' 0. .Pfa.bhaka1',
V " TAgéd,_a'nrjiu_t #13 years,
._ '.C;afid.?i~;gra1;i1a Village.
' V Kasabafrioiibli,
Nelagmarigala Taluk,
Bangalore Rural District.
5" The New India Assurance
Company Limited,
No.40, Lakshmi Comp X,
2115 Floor, KR. Roa
/Aria,'
Opp. Vanivilas Hospital.
Bangalore-560 002.
By its Manager.
(By Sri. R. Jaiprakash, Advocate for R2;
R-- I Served and unrepresented)
aaaucauueau 1;
This MFA is filed U/S 173(1) midget '~a,gainst~..At1o'e_
._ .-- . V
judgment and award dated:,30_.O6.2"O_O4 pass3eL'VVin_ No.
386/1998 on the file of the--._A€ld1. Judge, CouiTf:""o'f Small'
Causes and Member, MACT-V,""'B_anga1ore',---(SCCH41O}, partly
allowing the claim petition for _compensation--..an'd seeking
enhancement of compe_neatic_in. _ V " -. .
This M.F.A. coming this day,
N.K. PATIL J, _deI_ivered' 'ti1e'fo1Iow:ing:'.
for enhancement of
compVc.r1s'ation"Vdirecteéd-_against the impugned judgment
and awarqdd dated"3:(--)'d;06.2004 passed in MVC N0.
386;! onuthe...fi*e of the Additional Judge, Court of
' and Member, Motor Accident Claims
Eangalore, (SCCH--10), (hereinafter referred
to as'~'}I'1'ibouna1' for short).
. 2. By its judgment and award, the Tribunal has
awarded a sum of Rs.i,82,000/-- with interest at 6%
/1/«
p.a., from the date of petition till the date of deposit as
against the claim made by the appellant for a'
Rs.3,00,000/-, on account of the
her in the road traffic accidenti»
3. The occurrence of the accident and the«.injuries_V
sustained by the appeliantthe said' are not
in dispute. It is alsozinot policy was
in force as on the date of is the case of
the appe11ant«':t:h_at amount
towards incidental charges
and sustained by the
appe1I:ant,i'-- permanent disability and
the _ Doctor" h'as..'.ass'essed the permanent disability at
to'o'.the..gleft'ioiyer limb and 35% to the Whole body.
Without appreciating the evidence on
record,'v'has?~' awarded only a sum of Rs.1,82,000/-- under
digfferen-ti' heads with interest at 6% p.a., from the date of
'A-theapetition till its deposit. Being aggrieved by the said
judgment and award, the appellant has presented this
/4."
appeal seeking enhancement, on the ground that the
compensation awarded by the Tribunal in of
conveyance, nourishing food and attendant'5¢ii--arges',,_
loss of amenities and loss "of futu'1'e---,:'_inCorn_e is".
inadequate.
4. We have heard 'thejearned Cou'nsel'vappearlng.i'
for the appellant and second
respondent. V A it
5. ‘both the parties,
after going records available on file
and after’ matter and having
regard. to ‘agar’. nature of injuries
sustained”” and..the”‘.percentage of permanent disability
by themappellant have submitted that, they
have to settle the matter for a sum of
Rs,75V,_vOO.(Vn}f/’Qt with interest at 6% p.a., from the date of
petition’ till the date of realisation, in full and final
‘ ‘A-,_VS’ettlement, in addition to the compensation awarded by
_.’_”_#__fl_,_,__,.,..
, gfhe Tribunal. There%, they submitted that placing
the above submission on record, the instant appeal may
be disposed of.
6. The submission made by 1earned.’.c’;2otin_seel
appearing for both the parties as stated piacedut
on record.
7. The instant appeal__ fiietafiy that
disposed of, by modifying and
awarded passed by awarding a sum of
Rs.75,000/~ with interest at the date of
petition tilii, in full and final
thveddaflrnount already awarded
by the »’i’ribanai’.’ d
_ -The 4’uI’1:s’urai1ce- is directed to deposit the
* peilhaficed’ cpompevndsation with interest within a period of
the date of receipt of a copy of this
}udgrne1;t’.and award.
.. of enhanced compensation of Rs.75,OOO/–,
‘ (50% with proportionate interest shall be invested in the
_”_#__f___W___,,,,_…»-at
” ‘– “:Fixed Deposit in any Na%aized or Scheduled Bank, in
the name of the appeilant for a period of five years and
renewable for another five years, with liberty–«:’i3_er,v’4te
withdraw the interest accrued on it.
The remaining 50% “Ht?1″”‘p~f.QpG_ftitfifi3i© Vvi11–‘tCI’駒.;tV
shall be released in favoixr –
immediately, on deposit by’t.1{i’e..£nsiirer.’
Office is dire ctvedxto draw: “award A accerdingly.
Sd/3;.
Ridge
tsn’? . ,