1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 22"" DAY OF SEPTEMBER. 2010 BEFORE THE HON' BLE MR. JUSTICE ~ V. Miscellaneous First Appeal No. 1 1028 _ Between Hasanabba, Aged 59 years. S / O Marnu Beary. Padil House, Maripalla, Pudu Grarna, ' «. Bantwal Taluk. ' A A _ ._ Appellant (By pz'$;c1om" * 1. V'-.'_I'he Secretary, -- . Kannada D.eveOlo_p'n1nt Authority, Vidhana "Soi1di1.a}'---- ' _ _Banga1ore_§--. V' " EK-arnatak"a Government Ins. Department, _1VIo'tQ_r"~B_ranch, Bangalore. HRe'prese'nted by its Branch Manager. 3.' pp Shivanna Gowda, -S/0. Thimrne Gowda. H.N. Pur Road, Attur Taluk, Hassan. Respondents
[By Sri.Nasrul1a Khan, HCGP for $1.1 8: R2,
notice to R3 is dispensed with)
Q.
This MFA is filed U/ S 173(1) of MV Act against the
judgment and award dated: 09.03.2007 passed in MVC
i\lo.992/2004 on the file of 1 Additional District Judge,
Member, MACT, Dakshina Kannada, Manga1ore,’,partIy
allowing the claim petition for compensat;ionf”–«.a’nd
seeking enhancement of compensation. 1′ 5
This appeal coming on for -,
the Court, delivered the followinglill’ 1 A
Junamnfithg
This appeal is byE””r.ithehV’
enhancement of com”pensatio’nr.t,:”
2. Heard. ‘.w.'[v”he appeal and with the
consent oft Clcunsel for the parties, it
is taken_lVg’p.c
3. Briefgpfacts’df.the.__c’ase are:
~ That when the claimant was riding
bicycle Parangipet to Maripalla side near
_ house at Parangipet on NH 48 a car
bearing registration No. KA 01/ GA 136 came in a rash
is and negligent manner and dashed against his bicycle,
asda result he fell down and sustained injuries. Hence,
he flied a claim petition before MACT, Mangalore
seeking compensation of Rs.3,00,000/– and the
6?.
t -A A evnhanced,
Tribunal has awarded compensation of Rs.28,000/—
with interest at 6% p.a.
4. As there is no dispute regarding occur’rer1_”ce”*.of
accident, negligence and liability of the
offending vehicle the only point florid’
consideration is:
Whether the cornp’en_sation’awardeti by
the Tribunal is'”jut_st and ‘reasonable ordoes it
call for enhancement? iv ”
5. After hearing appearing for
the parties and award of the
“cf llxéiew-“Vthat the compensation
awarded not just and reasonable, it
is on therefore it is deserved to be
H ” certificate Ex. P 6 the claimant has
sustained the following injuries.
N1) Swelling (L) thigh, (L) calf with
Fracture hip bone [inferior Ramus}
ii] Pain abdomen.
The injury No.1 is described as grievous in nature.
l
Injuries sustained by him are also evident from
discharge summary Ex. P 7, case sheet Ex. P 22 and
supported by oral evidence of the claimant van¥d’»a.the
doctor examined as PWS 1 and 2
Bischarge summary Ex. P 7 shows he ‘adlrnittedll
Unity Health Complex,
2.3.2004. Operation wasll_t:l.onedtol’i1is
doctor has not stated anyth_ing..about theidisability.
7. Considering the Rs.l5,000/–
awarded by” and suffering is
on the to be enhanced by
anotherl 1 award Rs.25,000/–
under ‘thishead’. {f n “‘ -._ 2’ ”
2 fire claimant has produced medical bills for
The Tribunal has awarded only
.’r§§§s;10,’O.l(l0__/liltowarcis medical and incidental expenses,
which:. is on the lower side and I award Rs.15,OOO/–
2″ V. this head.
9. Considering the year of accident, age of the
claimant and his occupation the income assessed by
fig
the Tribunal at Rs.3,000/– p.m. is just and proper.
Nature of injuries suggests that he must have been
under treatment and rest at ieast for a period v(V.)il’7’_th.I.’€€
years and 1 award Rs.9,000/– towards 1oss;”‘of’–.’i’nr_::orrie*«_
during laid up period.
10. The doctor has not:state4d__
disability. Therefore he is not:entit1ed—- for~.CnornpéewnsationiwV
towards loss of futui~i:g~.,incorrie’.”‘ eonsidering the
fact that he has head and an
amount of he has to
undergo same Rs.10,000/~– is
awarded towi!ardVs’ ¥1oss4V.of_ amenities.
11. Thuusaitheii eiai,m’arit is entitled for the following
‘~ cc)ni.perisation:'”” ….. .. e
i _ Pa–in and suffering Rs. 25,000/–
Me’dica1 & incidental
..”s.’i__E’;ixpenses Rs. 15,000/–
3] “V Loss of income
V During treatment period Rs. 9,000 / —
4) Loss of amenities Rs. 10,000/~
——..-..n.o–…———–
Total Rs. 59.000]-
…———–.-.—–m…—
12. Accordingly the appeal is allowed in part. The
judgment and award of the Tribunal is modified to the
extend stated hereinabove. The ciairnant is entitled for
total compensation of Rs.59,000/– as Vv.ag;ai.nst
Rs.28,000/~ awarded by the Tribunal with _
6% p.a. on the enhanced compepnVsation”of–‘»
from the date of claim petiétiorna ..til41’»_hthe” ‘date
realisation.
13. The Insurance Compangfis directed to thed
enhanced compensation ii’it.erest’VV”t\7sriVthin two
months from the date copy of this
judgtnent’ is” ordered to be reieased in
favour Out of the enhanced
coiiqperisation with proportionate interest is
‘ invested in FD. in the name of the
nationalised or scheduled bank for a
fig.
period of three years and remaining amount is ordered
to be released in favour of the ciaimant.
N0 order as to Cost.
Vb/–