N <T."»'
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATE? THIS THE 29"' DAY OF SEPTEMBER, 2010
BEFORE
THE HON'BLE MR. JUSTICE BSREENIVASE
Miscellaneous First Appeal No. 10999 of
BETWEEN
Sri. H S Shivaswamy,
S/0. Somashekara
Aged about 14 Years V
Represented by his natura3.d_g":1_Vardian V
Father Somashekara,
Aged about 38 Years,
Hegdehalli Village, Shantig1*ania~ Ho3:a1i,
Hassan Taluk. _ g TA "
:pWepp._pR',,prseM 'H Appeuant
B S Ananda, Advs.}
f_\_11_é V'
1. _Direet~<wr" _ ~
Vij.ayar1anda Road Lines
Ne..4;~ KSCCF"'Bui1ding
_ E?aff1P.?11I1ahakaViRoad
V ' sAC:i1aIn.ar_.aj.apet
Bahgalefe -- 18
4' }\/ivafiager
'Fhe New India Assurance Co. Ltd..
Ad Srinatha Complex,
'-- 11 Floor, New Rajanapete.
Hubli.
Represented by
The New India Assurance Company Limited,
1-Iarshamahai Road,
£355"
Hassan -- 5'73 201.
Respondents
(By Sri. Vishwanatha R Hegde, Adv. for R. 1,
Sri. A. K. Bhat, Adv. for R2)
This MFA is filed U/S 173(1) of MV Act
judgment and _ ward dated: 28.1.2008 pass'e~d_e'in__i'N{_VC
N0. 1209/200; on the file of the Add}..-u'Dist,_VJi1dge,
Member, iVIACT--H, Hassan, partly aI1oX.3.fi.ir_1_g.Vvth.e .eiajn1.,
petition for compensation and -se'e1-:ing-'_4enha11eeInvent"of '
compensation with 18% interest.
This appeai comingon f0r"A.Admissi'on;,
the Court, delivered the foiieyvingz .
JUDGMENT
This appeal is enhancement of
compensation . awarded
2. V1″-Heard’ is admitted and with the
eonsentxofa appearing for the parties, it
Lip for’fin.._aidisposaI.
thfesake of convenience parties are referred to
ads”-theiyf are referred to in the claim petition before the
~ Tribunal.
it 4-. Brief facts of the case are:
$4
That on 24-2-06, when the claimant was crossing
the road, a car bearing registration No.KA–01–Z–4576
came in a rash and negligent manner and ‘ri’a»shed
against him. As a result, the claimant ;w””‘–s1’rst_,aVined
injuries. Hence, he filed a claim the
MACT, Hassan, seeking compeinsationi
The Tribunal by impugned..__judgrnent
awarded compensation of interest at
80/3 p.a. Aggrievedv _th._e __of compensation
awarded by the Tribunal is in appeal
seeking _of_Vcon_apje.nsation.
5. As “there npofltiisptitei regarding occurrence of
accident;’ neg1,Vi_dgednce”~a:n4d~~”liability of the insurer of the
offending’4″\§1/iicie, only point that remains for my
” consiéierxatiori inmthe appeal is:
” A ‘Whether the quantum of
Vc.on;ip’ensation awarded by the Tribunal is
“just and proper or does it call for
” .___enhancen1ent’?
After hearing the learned Counsel for the parties
it and perusing the award of the Tribunal, 1 sun of the
fir
View that the compensation awarded by the Tribunal is
not just and proper. it is on the lower side and therefore
it is deserved to be enhanced.
7. As per injury certificate — Ex.P.6,
sustained the following injuries’
1) Deep lacerated woun’d__ the forehead?”
ii) Deep laceration’ the left. .sid.ej’vofl’the”back. if ‘
iii) Multiple. Iac’erat1’oni.o’n’ kr1ee’j0’int.
X~Ray [CT Scan]’_ mild diffuse
cerebral’:ed’ema_i if if if
Injuries also evident from
disciviarlge clausevflsummary card — Ex.P.8
and evidence of the claimant
examined P’.iW.1″.- Doctor is not examined regarding
if ” A of injuries sustained and disability suffered.
lConjsi.dVering the nature of injuries, Rs.10,000/–
awardedlby the Tribunal towards pain and suffering is
f.Vori*«_.the lower side and it is deserved to be enhanced by
léanother Rs.i0,000/– and 1 award Rs.20,000/– under
this head.
i
9. He has produced medical bills for Rs.5.404.3l ps.
and he was trieated as inpatient for three days at St.
Johns Medical College Hospital, Bangalore.
Considering the same, Rs.9.500/–
Tribunal towards medical and inoidental–.ex:’p.etises_ is one
the lower side and I award
head.
10. The elaimantvilsgl Irliinorhlageld..about”12″grears and
treated as inpatient College
Hospital, B§ai;:g_{laVlore;=’__’ looked after by
his period leaving their
regullarlll :31′ sum of Rs.5,000/- is
awarded’ income of the parents during
laid up peri.od’.~»
1… is not examined regarding disability.
” .B’esides.E3_af’ure of injuries do not indicate any disability.
‘l”‘he.refore, claimant is not entitled for compensation
A.Vu’ri_der the head loss of amenities and loss of future
income.
fir
12. Thus the claimant is entitled for the following
compensation:
1) Pain and suffering Rs. 20,0′(h.3’0o/–
2) Medical and incidental
expenses Rs. A’
3) Towards loss of income of
parents during laid up
period A siiltsilooopt/~ssis ”
13. Accordingly the appealwis part and the
Judgment an aWa1%(i~i:0fi;hg modified to the
extent stated Aherein..a}§o§1eih;ll._ilflie is entitled for
a total — as against
Rs. Tribunal with interest at
6% l’p.a.*_- tliej compensation of Rs.20,500/–
from date petition till the date of
ife~alis_ation,Ilexcluding interest for the delayed period of
‘ filing the appeal.
1’44. insurance Co. is directed to deposit the
it A. enhanced compensation amount with interest,
l ‘excluding interest for the delayed period of 217 days in
‘T filing the appeal, within two months from the date of
receipt of a copy of this judgment and the same is
ordered to be invested in FD. in any nationalized or
scheduied Bank in the name of the claimant for
period of 7 years, by which time the ciaimant W111
majority.
No order as to costs.