IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATE!) THIS THE 21ST DAY 0:» SEPTEMBER, 2.910 BEFORE " 'T THE I-ION'BLE MR. JUSTICE B.SREENIV1_§E5ViI*'." Miscellaneous First Appeal No: 8.01 1:" K V' BETWEEN S Mahesha, S / O M Surendra Rao Aged about 29 Years A * ' R/at. No.138, Sharadha Ni1ay.j_a,v " ' Gollahalli Village, Anjanapura'; 9 Bangalore » 530 062,." ' ' Appellant (By go 4: ii 1 . Ste" " 4' V. . * S/O. Vgrasarnurthy . aboAu*;. Years P~a"rtfie1f, Srinivas Transport A" A A._tV'No«._6'4a4, 80 Feet Road Gifr1'f1agarv~'II Stage Bangalore -- 560027. 2. ' fhe Divisional Manager, 'I"h.e Oriental Insurance Co. Ltd., AA Division Office, At D. 0. VI, No.232/19 Pavithra South Avenue, 9"' Main Road, SK' Block, Jayanagar, Bangalore - 560 O1 1. Respondents
(By Sri. K. Suresh, Adv. for R2.
R1 – Served)
This MFA is filed U / S 1′?3[li) of MV .. Ci
judgment and award dated: 6f.’3.’2008′..passed._ in’~§Vl\/’=»’_3
No. 2743/2007 on the file of’».._the”X}VIl§ Ad’dl§”VJndge,
Court of Small Causes, Member;E\/iact~-4,i’Vl§Zletropo.litan;_
Bangalore, [SCCH.No.4},’ partly “~allo.win_g (‘them elaimj
petition for compensation ar:..d”*seeking_ enhancement of
compensation.
This appeal ConiirighonVpifor’aAdn’iission, this day,
the Court, delivered the’_folioinrjpng;’~.,v 1 ._
This claimant for enhancement of
Cornpen–s’ation”avb”a1 the Tribunal.
A i,.A’-Heard. x’The”appeal is admitted and with the
ofrv1:e’arned Counsel appearing for the parties, it
for final disposal.
~ it For the sake of convenience parties are referred to
as they are referred to in the clairn petition before the
Tribunal.
4. Brief facts of the case are:
That on 16/17-SW07 midnight, when the
was riding a motor cycle bearing registrationji\i’o;if’:Z§–V5§il-~.
K8522 on Bangalore–1\/iangalore -.
Adichunch anagiri Hospital, Bel.1_vur,’- .. the 4 l ‘of,
bearing registration No.~’ivi{_Aw16’4?5E~8 _i”ron1_:”e.
opposite direction in a rash__an.d negligent manner and
dashed against his””niotor ;c;;¢1ep;;i a result, the
claimant filed a claim
petition it Eangaiore, seeking
compensation The Tribunal by
impuigned: award has awarded
compensation /– with interest at 6% p.a.
by the..Hq1i1.antum of compensation awarded by
_ the claimant is in appeal seeking
lenlhancerrierit of compensation.
at As there is no dispute regarding occurrence of
flaccident, negligence and liability of the insurer of the
“ioffending vehicle, the only point that remains for my
consideration in the appeal is:
Whether the quantum of
compensation awarded by the Tribunal is.
just and proper or does it cail fo1”,_
enhancement? ‘
6. After hearing the learned Counseiu
and perusing the award of theii
View that the Compensation awardedby
not just and proper, it is on’t1::e1owerVs’id’eanddtherefore
it is deserved to be H V
7. The ciajihant it t the following
injuries: V W t I
1}
A
‘3) Iiiracturey end of right radius
” 4534s}_:FractuAre’ of-metacarpal or right hand.
“7′.__y.Inju_ri€s.t..;”sustained by him are evident from the
woundv–._’:¢er’tificate — Ex.P.7, discharge summary -~
.c,’V:£e3;;.;P_.8,Vv”‘Case sheet ~ Ex.P.10, admission record ~~«–
.’ and supported by oral evidence of the claimant
“and doctor examined as P.Ws.1 and 2 respectiveiy.
fir
Claimant was treated as inpatient for 15 days at Sanjay
Gandhi Hospital, Bangalore.
P.W.2 ~«~ an Orthopaedic Surgeon
Gandhi Hospital, Bangalore, has stated _
that, he examined the c1aiii_1ant.4,AAfon–,,g
assessment of disability and-.__found.riiovements of lifightl’,
knee is restricted by 40 degree has
difficulty in sitting, powerldoixthe right
codricepts muscles in lifting
heavy of 37% to
right limb and 28% to
the wholeglboduynf -~ it h
8. =£_onsid~eriiig thevnature of injuries, Rs.30,000/–
by__the ribunal towards pain and suffering is
, and it is deserved to be enhanced by
another -R5’s,15,000/– and I award Rs.45,000/– under
iithis head.
Claimant has produced medical bills for
Rs. 17,542/» and the Tribunal has awarded Rs.20,000/w
£52:
towards medical and incidental expenses. Thereby, it
has awarded Rs.2,458/– towards incidental expenses.
Claimant was treated as inpatient for
Considering the same, it is on the §lov:Ie1f”-side’.
Therefore, a sum of Rs.25,0QU’/”–“i«s
medical and incidental expenses.’.__
10. Claimant claims to ” per
month, by Working’aalilla.irlead:VC’hC’ooit{‘ -But the same is
not establishedby In the
absence assessing his
and considering the
period ‘of “three months, has awarded
Rs.9,O0Vt);!..-gt of income during laid up
The san:1_e..is just and proper and there is no
‘ sscope-for;enhancement under this head.
ll. Coiisidering the disability stated by the doctor
‘A and amount of discomfort and unhappiness which
flthe: claimant has to undergo for the rest of his life,
“lRs.15,000/~awarded by the Tribunal. towards loss of
amenities is just and proper and there is r1o’scope for
enhancement under this head.
12. Claimant aged about 28 years. Multiplier
applicable to his age group is ’17’.
assessed at Rs.3,000/– per month. Consiideringidddthe
disability stated by the dootorsitod the_ i«irn.bsd,:_”disahilityr
caused to the whole body v4C.o’rn._es errfflurld it
Therefore, future loss of”-Iineome’ out to
Rs.1,53,000/– {Rs.3:,0.0Qi.:’;25]..1.00 “12 X17].
Considering that the the Tribunal
at Rs.l,61.280}{.s’pis is worked out
here, it does notVj’req»uire__ enhancement.
13. awarded Rs.5,000/~ towards
fuo_t’1§u*e__r11eVdicai”‘cxp_er1ses. The same is just and proper
‘ send. rrot’require enhancement.
iii:
14. Thus the claimant is entitled for the following
compensation:
1) Pain and suffering Rs. 1′
2) Medical and incidental ” L” T’ V
Expenses 1 A V’
3) Towards loss of income
during laid up perioidi” A
4) Towards loss of a1ne=nitie=sg..iv Rs.” 1’5′,OVG–0/’=73, f
5} Future loss of income.__ Rs;..1,’61i2’8_U~/}”~._
6} Future medicafiiexpensesi v.5_V,0Q0/4
‘1?isi2,6(9.28G/-
Accordingly part and the
Judgment modified to the
extent Ciaimant is entitled for
a i’..iV{Vs’.Vfi,6O,28O/- as against
the Tribunai with interest at
6%’ pa. enhanced compensation of Rs.20,000/–
claim petition till the date of
._ res1isati.on{:’V
* !’i:7he Insurance Co. is directed to deposit the
it uenhanced compensation amount with interest within
two months from the date of receipt of a copy of this
%
judgment and the same is ordered to be released in
favour of the claimant.
No order as to costs. . ,
mgn*