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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF NOVEMBER. 2010
BEFORE
THE HON' BLE MR. JUSTICE BSREENIVASE GOWDAV
Miscellaneous First Apnea} No. 7208 of _
Between
Sri.SidCliq
S/0. Hameed,
Aged 23 Years,
R/0. Aisa Manzil,
K.C.R0ad, Thalapady,
Mangalore Taluk, '
D.K.
véhat, Adv.)
And
1. sri srinivas,'Majo:~,
Q,_B.'t_1askaraH,. ....
"R/d.VAM_011t.ethadka House,
go
"K.eI';<11'r'1i_f1j;e'Vil1age,
_ '_?ut'c§11<
Uriivfed india Insurance Co. Ltd.,
* :.Bra1''"1eh Office: Prabhu Building,
x _ Main Road, Puttur.
'Rep. by its Manager.
Respondents
(By Sri. Puttige R Rarnesh, Adv. for R2,
Es’
sustained grievous injuries. Hence he filed a claim
petition before MACT, Puttur seeking compensation of
%’.15,00,000/– and the Tribunal has awarded
compensation of Rs. 1,56,800/– with interest at A4
4. As there is no dispute regarding _occ–urrei1.ce«.gofpiu ‘» if
accident, negligence and liabilityigof
offending vehicle the only ‘point’-that
consideration is:
Whether the4_c:>mpen..sation: awarded by
the Tribunal is just’ar1d’reIason’abie ‘or does it
call for enhancement?’-.e ‘ ‘ ~–
5. After” Counsel appearing for
the parties’anhci-perusing judgment and award of the
amfofv-….the View that the compensation
Tribunal is not just and reasonable, it
is.onl”%the_l side and therefore it is deserved to be
i V enhanced;
if ‘ The claimant has sustained fracture of left hip
..ifl’.’e2″fposing torn muscles and fracture of left femur at
fatmipper third and four others simple injuries. Injuries
%.
sustained by him are evident from wound certificate Ex
P 7, disability certificate Ex. P 8 , OP Card Ex P 9, case
sheet Ex. P 54, X–rays Ex. P 55 & P 56 and supported
by order evidence of the claimant and the
examined as PWs 1 and 2 respectively. it
Sudarshan Bhandary has stated’ that he
claimant by way of wound debridement
done on 10.12.2004 and intefriocldvng._Vn’aciling.]of left
femur with skin grafting Vsdone~._pon l3.1″2.2004.
According to him after 3 again
went to their examination
he found there”Ti’syishoifteiairig-P of 1 cm of the affected
limb, movements”are.lrestricted to 100 decree of flexion
and. ‘to pain femur and thigh the claimant is
unable walk properly and to sit with crossed
legs.'”Thereffisipennanent functional impairment of left
lower limb to the extent of 15%.
*=._AConsidering the nature of injuries, $10,000/–
awarded by the Tribunal towards pain and suffering is
if the lower side and it is deserved to be enhanced by
$5
another sum of $20,000/– and I award ?.30,000/-
under this head.
8. The claimant has produced medical bills Ex. 53
amounting to ?’.48,759/–. Therefore the Tribuna,’ixi_s-««n’st
justified in awarding only 348,000/– towards *
expenses and hence I award,~?..5C),C§_ClC)d[%’::.7; ‘A2
medical and hospital expenses. 2
9. The claimant was in-p_:atientA”‘in ” ‘
Mangaiore for about days”; :fl:Co’nsidering..the same
?.18,000/- awarded th_e incidental
expenses ._sucl”i~.’*as* _co1_iVey’aince, nourishment and
attendant”rc_ha.rgVes the lower side and 1 award
_ ?.23,QClO’;’– underdithispihead.
.10; The, -claimant claims to have been earning
mason work, but the same is not
–V estahlished’4′.Vby producing any document. In the
‘2..f*a.bsenceV”of proof of income the Tribunal has rightly
assessed his income at €3,000/– pm. He was treated
as inpatient in the hospital for 18 days. Considering
Fg,
the same he must have been under treatment and rest
for four months and I award 1″. 12,000/– towards loss of
income during laid up period as against
awarded by the Tribunal.
11. Considering the nature of the”
stated by the doctor and anV._ap”rr;ount” and
unhappiness he has to .hi’s’:vfL1ture life
?.10,000/~ awarded fltowards loss of
amenities is onthe lower ?.20,000/-
under this i
12. The is.H”aged.’ about 19 years. The
multiplier ~applieable..Vto.4liiséage group is 18. The doctor
_ has assessed permanent functional impairment of left
loiwerjévxlimb at 15%. Therefore the Tribunal has
rightly functional disability at 10% and
-Vawarded”‘§.6′-4,800/– towards loss of future income and
V’ “jthe1″e-is no scope for enhancement under this head.
13.; Considering the evidence of the doctor 1′. 10,000/–
” ‘ ” is awarded towards future medical expenses.
14. Thus the claimant is entitled for the following
compensation:
1) Pain and suffering ?.
2] Medical and incidental
Expenses
3) Incidental expenses _ ‘ ~ ‘1 23,_OQL:
4] Loss of income during} ‘ _ ”
Laid up period p ?. eV.”12.VO0O/’;- ”
5) Loss of amenitielsd’-~.._ ~.2O~,VO’C-0/–
6] Future loss of incorrre V’ _ it 64,800/–
7) Future medical expenses”-»__ ? l”‘1.0v,{)00/ —
"AH {we
" 14,300/~
…=w,..’.~ ,—…. —–………—-..
15. __ in part. The judgment and is modified to the
extend __ The claimant is entitled for
a total ‘compensationiii’—9fV12,14,800/– as against
?.i,56{,l8l0O/- al\”2va.rdedA:’by the Tribunal With interest at
enhanced compensation of €58,000/–
of claim petition till the date of
jrealisatidn. V
‘»-‘I.’.he Insurance Company is directed to deposit the
l men-hanced compensation with interest within two
it ” A’ months from the date of receipt of a copy of this
3/
‘ ‘
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judgment. Out of the same 75% with proportionate
interest is ordered to be invested in FD. in the name of
claimant in any nationalised or scheduled bank for a
period of nine years with an option to renew oneeiiin
three years and remaining amount is ord_e%:ed” .
released in favour of the claimant _
No order as to cost.
Vb/–