V S Babu S/O V N Sridharan vs The Divisional Controller on 25 October, 2010

     [By Smt. Prabha 1\/iurthy, Advocate)

IN THE HIGH comer OF KARNATAKA AT BANGALORE
DATED 'rH1s THE 25% DAY OF OCTOBER, 2o.1
:PRESENT: '  Vt VA
TEE HON'BLE MR. .JUsT__1o£_ "ii:   '
AND I T _  4 
THE HON'BLE MR. JtIVstT1zcE'iatté.KVE1\1§Ai.:g?i\IL1.'g"  u

M.F.A.N_O. 8837__:C5'ET:_A0.Q5 mm % Vi:
Between: .    '  '   

V.S.Babu .. 
S/o. V.N. Sridharan,   .  V
Aged about 47 years, V

R/at HorflmErah5?1ii._Vi1121:§<§,_    
Hampapufa Ho"bali;'!._ 9' '  "  '

I-1.D.Kote Taluk.   

Now      
C / o. Appaji oow«ea,s' %   
Rtd., Ar1r}y"Offi'cer;  "

Inkal, Mys-:)_re._
"  Appellant

 [By B'LL.Ashs, for: Prof. K.S. Sreekanth Associates,
 Advocate}  A.  ---------- 

The Divisiofnal Controller

Ov'mer--__'Cum" Custodian of
 Intematsfonal Insurance.
=  ..K,S.R.'T.C., K.H. Doubie Road.
 Vshanthz Nagara.

 Bangalore.

'  Respondent

=l<*$$**

¥\)

This MFA is filed U/S 173(1) of MV Act against the
Judgment and Award dated: 24 / 03/ 2005 passed in MVC No.
96/2004 on the file of the Judge, Addl. MACT, Coti4rt._Vof
Small Causes. Mysore, partly aliowing the claim .pe"fiition._fo.r

compensation and seeking enhancement of compelnsation: p

This MFA coming on for Hea1fing.,_ »,

N.K. PATIL. J., delivered the fol1owlng:"- . A

This appeal by the is the

impugned judgment"anfel 'avirVar;'dVl"dat.ed«.2431 2005,

passed in M.V.pC.No.$3e6/20022 Additional
Motor of Small Causes,

Mysore_.__Vv(€1'o§'ii, for enhancement of
that, the compensation of
$38,200 favour as against his claim for
?°2,C'a_;: 'lakhsn; eqti ate.

–.LT-he appellant claims to be aged about 42

‘years ai17d..an_”iAyurVedic Doctor by profession, earning a

?20_.000/- per month. He was hale and healthy

2 prior the date of accident. That at about 1:00 P.M.,

27-12-2002, the appellant met with an accident

0 while he was riding his motor cycle Yezdi hearing

at

I
E

24″” March 2005. The Tribunal, after considering the

relevant material available on tile and after apprveciation

of the oral and documentary evidence, allowedthe.’ .

petition in part, awarding a su__1n._of djvvith l”

interest at 6% per annum from:”‘the._A_’ci*ate’ll’of”‘petitioii_ti.j.l

the date of realization. dissatisfiedcvvith’; thewl’

quantum of compensation tl*i’e’v’E.’.ril.:>’t.1nal, the
appellant is in appeal’ Qourt, seeking
enhancement pp it i

5. counsel for appellant
and flCo”Ipo}ration for considerable
‘V V l

46. lAft_er»heari_ng°llearned counsel for the parties

” ‘~ andaaiter “perusa1″‘oi” the judgment and award passed by

incliujding the original records placed before us,

are.~ofit.he View that, the occurrence of accident and

the resultant injuries sustained by appellant are not in

it gpdispute. It is also not in dispute that he was aged about

years and an Ayurvedic Doctor by profession, getting

substantial income. The appellant has taken treatment

r'””””‘””‘M”

for about 18 days in the Hospital and during this

period, he would have under gone lot of unsaid

agony and must have spent considerable .

towards conveyance, nourishir1.g~Vfood _”a:hi:i’Aa’.att’e:o’d.a1it H’

charges, apart from medical exp”cns7e_¥s:’:

assessed disability at 650/ollir:1_:l”respect, of 22%

in respect of wholepboxdy. aged
about 42 years, at to pull on
the life with his life and he
may not his duties as before.

to:7tl*ie:l’1li.ature”_of”ir1juries sustained in the
accidelI’:t,l are he would have taken fo1low~

up treatmlentland bedllrest at least for a period of three

. it Accordirigly, taking into consideration all the

V’ ‘a.boVe._l”=aspects, we re–determine compensation by

aWardvii.:1g: sum of $30,000/– towards pain and

Apsufferinlgs as against $20,000/-; $25,000/– towards

it glm-edical expenses as against ?’15,000/–; and ?l8,000/–

” —-towards loss of income during treatment period, taking

the income of the appellant at ?6,000/– per month for a

%vW

6

period of three months, as against ?3,200/- awarded by

Tribunal.

7. Further, the Tribunal has .

awarding any compensation towards _’future» medical C”

expenses, loss of amenities, dis'<:o1nfoi"ts§'~.unhappin.esvs

and conveyance, nourishin'gV_p food

charges. Therefore, having" to the nature of
injuries and the nature _an'd,rlurativonaofdtreatment, we
award a . future medical
expenses;5 loss of amenities,
account of disability
and nourishing food
arid;

“In t.heV’l’1″g’ht of the facts and circumstances of

stated above, the appeal filed by appellant

isallowedd part. The impugned judgment and award

.ydpated*.§4U1 March 2005, passed in M.V.C.No.96/2004,

C’ Ethe Judge, Additional Motor Accident Claims

” V—‘Tribunal, Court of Small Causes, Mysore, is hereby

modified, awarding a sum of ?1,23,000/- as against

%M

1
9

€38,200/– awarded by Tribunal, with interest at %°/9 per

annum on the enhanced sum, from the date of;p.eti_ti’on

till the date of realization. The break-up is .

Towards Pain and sufferings . _ 3 .-it

Towards Loss of amenities

engoyment in life

Towards Medical Expenses.’ ?’ V

Towards conveyance, noilrislaing —

food and attendant charges _ _ . V
Towards Loss of ear’ning.”l during ? 1’8,0’O0/-
treatment period ~ _ 5 *

Towards future medical expenses ‘ in 10,000/–

‘”Total:’ K 1 ‘ %.=:i,23,ooo/-

The to deposit the
enhanced /–, with interest
thereon at within four weeks from the
date of judgment and award.

such ‘Hde-posit by the Corporation, out of the

enhaIi:ceVd:.4corr1pensation of ?84,800/-, 50% of it with

interest, shall be invested in Fixed

Depo”s,it;1~ in any Nationalized or Scheduled Bank, in the

iiariie of the appellant. for a period of five years,

__{‘er1ewai:)le for another five years, with liberty reserved to

him to withdraw the interest periodically.

%.,.,.,,,

Remaining 50% of enhanced compensation with

proportionate interest shall be released in favour of

appeliant, immediately.

Ofiice to draw award, accordingly,

Sd/Q

AAAA Iud§-“é