V' -THE UNITED INDIA INSURANCE
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19"' DAY OF OCTOBER, 2013}
BEFORE
THE HON'BLE MR. JUSTICE JAWAfZ}__!?§?I!:\::HI!$fi.'V:
MFA NO. 5622 OF"2OO'7(MIz) .;
BETWEEN: " "
LCHANDRASHEKAR @.=3..CHAND..R'U, ,
S/O JAGANNATH SETrY--,._ . '
AGED ABOUT 42 YEARS, 'I .
AGRICULTURIST:',..., 'I
SHANKARARURA,f ;
MUTTINAKOPPA VILCLAGEE'
N.R.RURATALUKy:{,
~. _,..;;AI:-RE'LLANT
(BY SRIA.S.GIRISH,_ADv.,)---.;;,'»_._,. -
AND:
1. PRASANNAKUEVIAR,
S/O RAMAIAH, ' , -- A
AGED ABOUT 32 YEARS, '
_KOPPA,..fCHI'KMAGl\L_UR DIST,
DRIVER OF_;TCS BUS "
'K_Ae18:A--3_516, *-._
SAHAKARA S.AR;IG'E SERVICE,
KOPPA "CHI"KMA'GALUR DIST,
.. _'_:;~.(REPT. BY ITIS DIRECTOR)
LTD., K.M.ROAD,
-YCHIKEMAGALUR,
"RVEPTD. BY ITS DIVISIONAL MANAGER.
H. ...RESPONDENTS
(BY SRI P.B.RAJU, ADv., FOR R3)
**>|<
AN
2
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE IUDGMENT AND AWARD DATED 19-O8-2006 PASSED
IN MVC NO.316/2000 ON THE FILE OF THE ADDL. DIST.
JUDGE, MEMBER, MACT, CHIKMAGALUR, PARTLY ALEOWING
THE CLAIM PETITION FOR COMPENSATION AND«S’E.EI§f._ING
ENHANCEMENT OF COMPENSATION. U
THIS APPEAL IS COMING ow FOR oRifiERsAe.Voii”ir[H’Is’~
DAY,THE COURT DELIVERED THE VF>OLLOW_IE\i’G:f*’..b
Dis-satisfied ciaimant._V:”‘isV’ in” appeav!v_I:=a_:g’ai.nst the
Judgment and award “3_.I6/2O0Q_HdVated 19-08-
2006 on the file of learned.Ad_di}.I’iDIisterict’Budge and Member,
MACT, Chici<magal_ur, s'ee'kir[gVenhaVriceme'ht.
= ' "144 days in filing the appeal.
Satisfiedlwwith the.caiI;se:si1own and hence it is condoned.
..Heardv.” IIII Appeal is admitted and by consent it is
taken forffinal disposal.
4.” .I?’l\IlIot in dispute is the fact that appellant while
traveIi’irrg in a bus bearing registration No. KA~18 A–3S16 on
I ‘~.V26-55-1999 suffered injuries when the driver lost control
= ~.–and vehicle capsized. Appellant was rushed to Government
hospital at Koppa, where he was admitted as an inpatient
and then discharged to continue treatment. The appellant
My
claiming that he had incurred Rs.25,000/- towards medical
expenses and other incidentai expenses fsought
compensation for pecuniary and non–pecuniary.!«os’ses.h-f
5. The ciaim was resiste_d….b_ut onthe:’.i;»aVs’is”‘of =the»_
evidence laid by the appeliant Trib:i’nai’l has”
evidence that accident was ‘resu_lt ofne:glig_eln:tdiriv-i.n.g–5of the
driver of the bus which finding…isA”n_otv.questi’oned,J§
6. The». Tribunal:.. Vy:.ac’c’epted that the
appeilant 44 person resuiting in
fracture__Vof”-._ri-t;Vrit__’ tooth was lost, but
quantifying-AAthey-«Vcompensva_ti-on the Tribunal has awarded
Rs.20,0i)0/:.ii and sufferings; a sum of
Rs,6_§,0’0O/- towardvs loss of income during laid up period and
R~s_,Vl’9,4_;?a:[–.V:’ftowards medical expenses and Rs.5,000/–
towards:’¥f£~~iv.s__ati:;i’i’i’ty resulting from the injuries. Totally a sum
of Ԥ<'s.4vQ,'4'2'iE3/Рis awarded.
x7. I am satisfied that the award needs re-
consideration.
8. The fact that claimant had suffered fracture of
radius and lost a tooth is evident and he has undoubtediy
(Rx
and attendant charges. Under this head I award a sum of
Rs.5,000/—. Thus, the award is modified accordingly.””‘~.)
11. In the result, the appellant is enti’~t~i~t..=(‘:_Ep’VV».’t_i;)’lit.h’e.
following amount:
(1) pain and sufferings ft,
.i (31
(2) medical expenses
(3) loss of earning during laid upperiod *vRs..’:’:§12,000/~
(4) towards conveyance,noufishment and.
attendant charges Rs. 5,000/-
(5) Loss of amenitie_s Rs. 10,000/-
Tribunal in a sum of Rs.40,428/– is
en_h’a.n(ced:’t_Q.__Rs;’.’6€,428/-. The enhanced compensation shall
V . carr3}”same’vrate of interest at the rate of 6% Per annum.
respondent — insurance company directed to deposit the
‘amount within four weeks. Rest of the directions
contained in the award are confirmed.
Sd/–(A
VK Judge
0.. 9,4223/-V _