IN THE HIGH COURT OE KARNATAKA AT
DATED THIS THE Tom DAY OE NovEME_ER:2Ijd9 --
PREsEETr~_Aj' F'
THE HONBLE 1\/IR.JIJI€~i1'I(;I.AI§iA'I§I.I{§P!VAi.i'I.L.
THE HON'BLE MRJUSTIAQ.IIIfI{IN';'KESITIAVANAl§AYANA
M. E
BETWEEN:
RAJANNA @ I ijj
S/O KARI3I*AP~PA_. ~
AGED "ABOUT 64f?*.'EARS~-
R/o:.RAJAGH'AT.TA, - I
HASSAN=TAi,UI{ _DIS'1'R__IC1_". .. . APPELLANT
(By sRI.C;,M.sRII{ANTII,:_ADv.)
'RAJEG»C)WDA s/0 RAMEGOWDA
,_;\<IAJOR_II*{1»'iGE
A , owI\_IERi._0E LORRY BEARING
'RECIISTRATION NO.CTX 8281
R/O'B.KATIHALLY
I HASSAN.
'' THE ORIENTAL INSURANCE
COMPANY LIMITED
GANDHI BAZAR CIRCLE
HASSAN.
REP. BY ITS MANAGER RESPONDENTS
:9′
I: MA
5′
If
(By SRLRGUNASHEKAR, ADV. FOR RS2.
R-1 IS SERVED.)
THIS MFA IS FILED U/3173(1) oE~MV’jA¢T::A«SAzNST
THE JUDGMENT a AWARD DA:frE:j”22_/3. _/290.5 ‘EAS’S’Ep’:’1N v
MVC.NO.783/2002 ON THE F1LE.Q3E THE PRL;~ .D1S’1fra.¢”r.a
SESSIONS JUDGE :3: MEMBER, MACH, 15ARTLY”
ALLOWING THE CLAIM PETI’Ti_ON_ FOR-EOMIDENSATION 81
SEEKING ENHANCEMENT CQMP-ENSAT1’O1v’;”
THIS M.F.A. fEC»f§’A:3N1’I-SSION THIS DAY.
N.K.PATIL_. J_.,’ 1§E.I,IVD§fi§§:D:’E!’Ifi<§"1§5QIg;O'f?JiNG:
_ _ .
against the judgment and
award datea :22=.1Q2005 passed in M.V.C.No.783/2002
file of rhe””Principa1 District and Sessions Judge
Accident Claims Tribunal–I, Puttur,
‘for brevity), on the ground that, the
Compensation of RS.47,O0O/– awarded by the Tribunal
‘axzitfQ interest at 6% per annum, is inadequate and
2 v___:{“equi_reS enhancement.
w-…_«
the claim petition in part and awarded of
Rs.47’,OO0/W with interest at 6% per
date of petition til} the datewof’«realisa.ti_on:._’l§ei:.ng ii.
dissatisfied with the quantum of compensation aWai*de’cf
by the Tribunal, the appell’aniti.has appeal
on the ground that the awarded by
the Tribunal, is enhancement
by modifying judgrripent of the Tribunal.
tn-e…1earned counsel appearing
for the learned counsei appearing for
second ui*e_sponden’t._alnsurance Company and perused
the;i:.on’g’inal re(:or.ds;
..:33..VvThe..undisputed facts of the case are that on
account the injuries sustained in the accident, the
..a};)peii’ant was inwpatient for 2 months and 22 days,~
it which period he should have suffered lot of pain
” ~~and agony and the Doctor has assessed the disability
at 22% in respect of right lower limb and 11% to the
%M~«~~–*
J,
whole body. The Tribunal is not justified a
sum of Rs.15,000/– towards pain
without taking into consideratfionlthe natiuref of ‘
and the duration of treatmentvltalien by,l.t}he:’appellant)’up
Therefore, we deem it fit to”r4a’ward towards
pain and sufferings ‘fast l–” awarded by
the Tribunal.
e. Rs.11,000/–
towardsvrfiedidaliij towards loss of
earnings ‘ nl period and Rs.I3,250/~
towardsVV”loss..olV which in our opinion are
and reas’on.a_ble and therefore do not call for
‘ p.in*terfe_reneel'”by this Court.
The Tribunal has Committed error in awarding
only..”R.s.4.000/~ towards disability and loss of
it ‘-~ar11eniti.es, which is on the lower side. The appellant
-~-was in–pat1′.ent for nearly 21/2 months and he has also
taken follow-up treatment and the Doctor has assessed
A
L
6
the disability of the appellant as stated
account of the injuries sustained, which are perrnanengt
in nature and which the ‘4
during the rest of his life
Rs.25,000/– towards disa15il.ity» and l”oss”o–f: arnienities as
against Rs.4, O00 /-. g:mrard_edd”Vhy ‘ti:e_”l’.ribunal. it
8. Further: ejovinmitted error in
not awardwihg towards conveyance,
nourishing.florid charges. It is an
adII1l:tt€(l” appellant was in~patient for
nearlyA2%/ggmonths_v”an.d4he should have spent some
reasonable amount, towards conveyance, nourishing
food and .attendant charges. Therefore, we deem it fit
— towards conveyance, nourishing
food and attendant. charges.
2 9. For the foregoing reasons, the appeal is allowed
part. The impugned judgment and award dated
22.1.2005 passed in M.V.C.N’o.783/2002 on the file of
. weagdeeni it to ‘award,
7
the Principal District and Sessions Judge and Member.
Motor Accident Claims Tribunal-I, Puttur, is.-‘-hereby
modified by awarding compensation of
against. Rs.47,000/- awarded by the
enhanced compensation of if’
interest at 6% per annum frorn?__th’e_’dated,_t3f:pe’titior1.till.L
the date of deposit. The brlealriip is as H
1. Towards pain and suffe_ri’nlgsu__
2. Towards medical expaiscslil’
3. Towardls.yc or11<;:eyanlce_,l' nourishing
food and;*atter1dant~»..charges
4. To’wai’ds’ d.isabi].ity_.a:i1d..-
Loss ‘-of ame’niti3s. V
5. Towards loss of earning
‘duriiig the period
. ‘Fowa.rds’–loss of future income
Total
.. l’ig’h_e second respondent ~– Insurance Company is
receipt of copy of the judgment.
Rsllv
“is.
Rs.
Rs.
Rs.
Rs.
Rs.
130,000-00
1 1000-00
l5,000~O0
25,000–O0
3,750–O0
l3,250~00
98,000–0O
Aidirected to deposit the enhanced compensation with
interest. within a period of six weeks from the date of
On such deposit by the Insurance
same shaii be released in favour of
immediateiy.
Office is directed to draw fhe la-Wardjé1..t;c’§jI’dihgij?’.~ ‘V
Tfx,gafid§
‘JUDGE
e;§UDGE
RSI