IN TRE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 215T DAY OF SEPTEMBER. 2010
BEFORE
THE HONBLE MR. JUSTICE B.SREENIVASE.
Miscellaneous First Appeal No. 10867 q:f"2o!(;$el _
BETWEEN
Ganesh Gowda
Aged about 33 years
S/O Dasappa Gowda
Aged 33 Years
R/A Idyadka House
Aletti Village,
Sullia
Appellant
(By: sa; P
1._ _ _ Parva;-tlii'v_K."\l/',
' W/O Vasudeva K. S,
A ;,}'?./A,_Anand'a' Nilaya,
.3 Kazaakamaj al Village,
3- 4,8-ulliae-Te.luk.
l ' K.1ielf1a1appa Gowda,
/ Late Yellianna Gowda,
" _K_3~anajalu House,
Kanakamaj alu Village,
Sullia Taluk.
3. The National Insurance Co. LtCl.,
Branch Office.
Krishna Building,
Main Road. Sullia Taluk
Rep. by its Branch Manager.
4. B V Vittal Rai.
S / O Narayana Rai
Aletti House
Alletti Village
Sullia Taluk
5. A Ganesh.
S/O Ambadi
Belehappada
R/A Parivarakana House
Alletti Village
Sullia Taluk
6. The United Insiigranoe-'€o.fLtd,.
Branch Office. .
Puttur. .l *
Represented by..its_ Branch l\'/'Iana'ge'i*
is is Respondents
[By sri; s.vG.'s1éa.;1dit';'.A:iv; for R. 1.
Sui. i'..ggRaj;agopaV1an;"Adv. for R3.
Sri. Lu. Sreekantafiao, Adv. for R6.
; ' Notice to R5 is dispensed with.
~ 13.2 3 Se1*V'ed_}..... .7
.,f1'his:"'M.FA is filed U/S 173(1) of MV Act, against
"~f_h.éjLidge1iie--fit and award dated 19.07.2007 passed in
'MVC No'j_.2'O80/2000 on the File of Member. MACT.
l3utttif,~.Dakshina Kannada, partly allowing the claim
petition for compensation and seeking enhancement for
A is .7 compensation.
This appeal coming on for Admission, this day.
the Court, delivered the following:
9%,.
JUDGMENT
This appeal is by the claimant for enhancement of
Compensation awarded by the Tribunal.
2. Heard. The appeal is admitted andlép’
consent of learned Counsel appearing for””th.e~
is taken up for final disposal.
3. For the sake of convejniencehparties.vare:’refei’red too
as they are referred to in ‘peptitionigbefore the
Tribunal.
4. Brief are:
on ._ when the Claimant was
travelling in” autorickshaw bearing registration
‘ on public road at Parivarakana of Aletty
“¢2i1iag¢,’dditi’s1i11ia taluk, the jeep bearing registration
1\io.~~KRA;:1V2–M–9696 came in a rash and negligent manner
, and dashed against the autorickshaw. As a result, the
claimant sustained injuries. Hence, he filed a claim
petition before the MACT. Puttur, seeking compensation
%’
of Rs.3,00,000/~. The Tribunal by impugned judgment
and award has awarded compensation of Rs.4’7.500/~
with interest at 6% pa. Aggrieved by the quantum of
compensation awarded by the Tribunal the is
in appeal seeking enhancement of compen-s__ationf.’~-. .
5. As there is no dispute __r.egardii’1g”‘occurrenCe_.Vof.L4
accident, negligence and liability1’_of~’the._irisurefofll’the
offending vehicle, the oril.y’*point”-t.hat_ for my’
consideration in the appeal…isAE”v._
VVhether’*–. _ they 1 1′ ”v-fquantuIn of
compensation awarded ¥by,_t’h_’e . Tribunal is
just and proper” o’i1_”»ijdoes’V”‘it’ call for
~
8. Mter learned Counsel for the parties
aridlVvperusiln’g–V th_e__.award of the Tribunal, I am of the
‘ is”view,_thiat._lthe compensation awarded by the Tribunal is
” ju’stfjan;elllproper, it is on the lower side and therefore
it is deserved to be enhanced.
it VHlAs per wound certificate — Ex.P.5, the claimant
has sustained the following injuries:
i] Bleeding abrasion over right sub–mandibilar
region measuring 2 X 1/4 cm.
ii} Tenderness over right aspect of Mandible.
iii] Bleeding laceration of the posterior, of
the right fore arm measuring _
iv] Tenderness over the of
knee.
Injuries sustained by are alsol’l,.e*§ii’dent–V3 from”
certificate of D.Surbamanyau}v.EX._P.8’and_su,f5ported by
oral evidence of as P.W.4.
Claimant treatedllla-tel ’12 days at KVG
Hospital,
8. A’Coi1side.ririg– lth–efl’1″l’ature of injuries, Rs.20,000/–
awarded Tribunal towards pain and suffering is
lower sideldand it is deserved to be enhanced by
._ a~a;;ibt1:;:«:,loR$:’V;5?;ooo/– and 1 award Rs.25,000/– under this
head.’ ‘ -.
do ‘bx.-“l’he claimant has produced medical bills for
l’ 16,997/– and the Tribunal has awarded Rs.20,000/–
towards medical and incidental expenses. Thereby, it
l?
has awarded Rs.3,000/~– towards incidental expenses.
Considering the duration of treatment, it is on the lower
side and therefore, totally, a sum of Rs.25,000/- is
awarded towards medical and incidental experI.ses,7.._
10. Claimant is an autorickshaw driVe_r.:__ ‘l”}ie’refi:~rie..,
his income is assessed at Rs.__4,.OQ0/–_–“1’;)’e1~
nature of injuries, suggest tliatfhciv must_.”l1aV<e"—,l3een
under treatment and res't._at-..,leasAt'- fora l'peri._od~.of: three V
months and therefore, RsV,,12T,OOO/j ishlawardeid towards
loss of income aijeriod as against
Rs.7,500/- .vawardec:l; lbyf fr:-ibufia1*;, M
11. not examined the doctor
regarding,disability,’is not entitled for compensation
loss of amenities and loss of future income.
«._C~0’nsi’dering nature of injuries, Rs.5,000/~ is
” .a’Warded’,jto.wards future medical expenses.
.. the claimant is entitled for the following
” V compensation:
V” « .i’ea1isati_on_.
1] Pain and suffering Rs. 25,000/–
2) Medical and incidental
Expenses Rs. 25,000/–
3) Towards loss of income
during laid up period Rs. /3
4) Future medial expenses Rs, /7:-___ _
Ttiffiwldd’ ‘ t ._ V. 05/is
:._._..__ ___’.,….i..«,.,;v.,…
14. Accordingly the appgeaippp is ai-1.o’Vwed Handvdtheit
Judgment and award of iniodviffied to the
extent stated herein’–abov.gf, is entitled for
a total corrtpensation’- as against
Rs_iii’7,So0,t{.i the’V’i’ribuna} with interest at
6% on the compensation of Rs.19,500/–
from _.the “claim petition till the date of
V_ ‘¥1_5i .iv.i’in’surance Co. is directed to deposit the
e’nha._nced compensation amount with interest within
it ;t_.\’2voV”r’n011ths from the date of receipt of a copy of this
{£4
judgment and the same is ordered to be released in
favour of the claimant.
N0 order as to costs.
I1’1gn*