EN THE HIGH COURT OF' KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THES THE 018? DAY OF MARCH,
BEFORE
THE HON'}3LE MR. JUSTICE:-:A';ss..,BcjP.é;'Nti%IA."' «V
M.F.A.N0. 5537/2O'a,_8"
BETWEEN:
Sri.Bahuba1i S/o.Arjun JayagLnida__' " .
Aged: about 39 yef:1rs, Oe-es:_Agrieu1'tt:.re",
R/0.No.115, Pa_t.i1vG'a11i,3, ' V
Dist: Belgaum, . , "
_ Appellant.
(By Sr'1.Sanjay=,S'.--E{,atageri',~fAdVd0cate.)
AND:
1. Shri.Devetndr*a A.s11c)"1--r»'._ Chougule
Aged: ab"'u1: 4,5-. y'e_a'x"s';, Occ: Business,
R"/go." 1.05/'f:'s,_Chougu1e Gaili,
Bastwad. (Halgafi-~,«"
. 'Tq: Belgaurn.
2. Manager,
s:iL"s.v.Yaji, Advocate, for R2.)
N\ation,aii._Ensurance Co. Ltd.,
. Divis-igonail Office, E Floor,
Ramgdev Galli, Belgaum.
' H Respondents.
(R..I--g~'N0tice served.)
This MFA is fiied U/S. 173(1) of MV Act, against
Judgment and Award dated 21/6/2007 passed in
M.V.C.N0.1093/2003 on the fiie of the Member,
5:
{Q
MACT»lV 85 III Addl. Dist. Judge, Belgaum, partly
allowing the claim petition for compensation and
seeking enhancement of compensation.
This appeal coming on for admission this,-day,
the Court delivered the following: it "
JUDGMENT
The claimant/appellant ‘lib-eilioredl
Court seeking enhancen1en.t_”~..of .(:’o.mpen.sa.ti’o’r1as l’
against the sum awarded inb.—l\.4l:VCl”-»l\lo.llO93./2603 on
the file of the learned 85 III Addl.
District Judge, B:el.gau:rn;lV’T:he_:l has awarded
the total :'<;ompeln'is:.a't.ionl"o.f'}3Zs'.$9,0OO/–.
2) __ ‘l’he”~leVarn’Ved’=co’Liinsel for the appellant while
;_eAnhancerrJ;’e’r1’t of compensation would
Tribunal has awarded meager
lit”~..s,coInpe,nlsatjoliirkuihder the head pain and suffering and
-..if’_j~..nO».coInpensation has been awarded towards the loss
oft”-f’uvtnr’e amenities. It is contented that the amount
ll”-awarded towards medical expenses is exactly the
illl”~».’crIl11ount as per the bills furnished and no additional
” amount or nourishment expenses has been awarded.
l
.3.
A
L»)
The learned counsel for the respondent however
seeks to justify the award passed by the Tribunal. It
is contended that even though it appears
the said heads the compensation awardedliisv.olniith.e”e V’
lower side and insofar as the loss””of.aI179_enVitlie’s it-h,as~..
not been granted, in fact the cofinp:eAn’satfi(31}i1′
under the head of loss oflfulture i’11.come’gilstfon ‘the it
higher side and therefore” .up’ltiimateljf”V-the total
compensation is the as such
the same does call ‘intejr’fer.eI1i’cesi_ii’
3) been contended, I
have periusledl papers including the
judgment off°tl’p1_ie,T;ribvun’al. Insofar as the injuries
;.’j’siuffere.:d’ by the cliai”r’;*:”ant the same is not in dispute
in'{_ asr_”ml:’ur_;f11..”l’as’:.. the wound certificate has been
lfii”i….’.tproduc;:ed va..nd-gpfrnarked as Ex.P.10. The doctor has
theiélisability at 27% to the left foot and in a
no’rfr11.a_l”circumstance it would be appropriate to take
of the said disability stated. However in the
ill”~.instant case the Tribunal keeping in View the entire
” circumstance including the nature of the avocation
i
5:
of the claimant being an agriculturist has thought it
fit to consider the disability at 10% Wl’1’i,(V2ih.4!r~l_S
appropriate.
4] Therefore keeping these__aspeiet”s:ii’.fi1ii”‘i\fi.ew_
and noticing the nature of inju.riejstA.iinsofari’
pain and suffering the comipensatido-n awa.rd’§:fidv…is–‘j0n v ‘
the lower side and as sum of
Rs.15,000/– is head. Even
though the loss of
future earningi-is towards loss
of amenitie’s’-ihasiii:Tf’bee’r1;”~iawa’I’ded in View of the
personal loss of pleasure in
View of_thei°’injurie–_sA7–siu’fi;ered. Therefore under the
ghe.ad 1;oiiss..i_of iai1rie–nities a sum of Rs.15,000/– is
aitirzgirvdegy to take care of the shortfall
i ._towair’:lsl m_e.dii’r.;a’;1 expenses, food and nourishment a
..il_ij’_f.V_eompensatinn of Rs.10,000/– is awarded. Therefore
4thie’_.ela’i«mant in all is entitled to the enhanced
iiiiit–cioimieiensation of Rs.-40,000/– with interest at the
rate as awarded by the Tribunal. The enhanced
amount of compensation with interest shall be
i,
re
deposited by the insurance company within a period
of six weeks from the date of receipt of the
this judgment. On deposit, the entire
be disbursed to the appellant.
5) In terms of the abovi§rvj’t11\_e.’appeal.
disposed of. No order as to
Mrk/–