IN THE HIGH COURT or KARNATAKA AT BANGAILORE
DATED THIS THE 22ND DAY OF' sEPTEMB1a:R}9;tj1H:"0;.,
: PRESENT :
THE HON'BLE MR. JUSTIGE 1\r_}K,,V'.i?H'.I.*:t;
ANI5j ' 3
THE HON'BLE MR.
M.F.A.,NO.
Between: ' ' 5 "
Sri. Rajani @ Chakrapan'i.._ V
S/0. Sri. Punnu Rangslrfi,' -:1 _ -
Age: 42 years'. N3}, =: _
R/0. N0. .4--5;»vJayashr'e<_e .Bi1asIs:a1*.;v .
Bale Maridi, _Binni"Pet,""H.'.'j
Banga1VQre¥'56O'Q;53. , " V' A'
'V 7'; ' _ . ...Appe1iant
{By Sri. Suresh?,_M.-_Latu'r;.AdV0[catg:)'"--. ' '
And:
1. Sri. S;-idh4a;r," ~ V
S/'u..VB.L.':L'Ifiingaiah, """
Age: Major, Occ: ]E3"u.siness,
R/0; No. 'r2H9'3., 25th .,Ma1n Road,
Jayafi agar 9"' B'i.Qck.,:' ' V
V' .___Banga1or§:¥560. 0659.
' ,Ger2erHi.. Manfiger,
« ''?Ye'r31wada,..Pune--411 006.
'Bajajfilijanz General Ins. Co. Ltd.,
C . "G,E.. if-'1.azai;«.. Airport Road.
Respondents
‘._'{By Mahesh, Advocate for R2;
R1 ‘~”-Notice served and unrepresented)
%n/
S,
=i=$*=f=*=|¢
This MFA is filed U/S 173(1) of MV Act the
Judgment and Award dated: 07/02/2005 pa~ssed____in”
No.lO67/2003 on the file of the XI Addl. _-.5’udge;’vvNIer:I’1beer,
MACT, Court of Small Causes, BangaIoreV,__S’CCH_}’l2, pa:’I_:ly*__
allowing the claim petition for_conipensationf;and_see’i;ing.
enhancement of compensation with interest -at .1%29e.p.’e,_ A’
This MFA coming: on Hea1§i.t1g;’
N.K. PATIL. J., delivered 1:?1C”‘f91louring: V i it 1. ‘
t U
W-GM
This appeal against the
impugned’ 7*” February
2005, on the file of the
XI Motor Accident Claims
Tribuinalil couft Causes, Bangalore, SCCH–12.
[for short, “Tribunal” ) for enhancement of compensation
gfound that, the compensation of 377,200/–
favour as against her claim for ?O4.00
lakhsfi itiadequate.
2. The appellant claims to be aged about 40
years working as coolie, earning a sum of ?5,000/« per
./
Aw
[
6. After hearing learned counsel for the ._ parties
and after perusal of the judgment and award. by
Tribunal including the original records planed’
we are of the View that, the oo_r:.urrenceWof” ‘ _
the resultant injuries sustained
dispute. It is also not aged
about 40 years and After going
through the compensation we are
of the considered has rightly
towards pain and
sufferings: towards medical expenses;
?2,OO’A0’/V_–” nourishing food and
attendant’ fchaiéges-; ?30,o00/- towards loss of
,ari1eriities,~nnhappiness and discomfort; and $7,200/«~
.tOfVJfc;tI’dS._i of income during treatment period.
Thereforefit does not call for interference.
7. However, the Tribunal erred in not awarding
V’ “any compensation towards loss of future income. In
View of the injuries sustained, the appellant has taken
/4/»
is allowed in part. The impugned judgment and award
dated 7th Februaiy 2005, passed in M.V.C..I\Io§f”–«.i’Ov67/
2003, on the file of the XI Additional Jsi&ge’,:’gi’pi§i1§ g
Motor Accident Claims Tribunal*;”C.our.-5; of j
Bangalore, SCCI-I-12, is hereby
sum of ?43,200/– in to” the -compvens’ation of
?77,200/- awarded irite’rest: at 6% per
annum, from the it the date of
realization,» V l i V’
T directed to deposit the
%43,200/–, with interest
thereon: at within four weeks from the
date’ of the judgment and award.
. finch deposit by the Insurance Company, out
1 of compensation of 343,200/~»~, 50% of it
with vproportionate interest shall be deposited in Fixed
* Deposit in any Nationalised or Scheduled Bank, in the
of the appell nt, for a period of five years,
renewable for another five years, with permission toher
to withdraw the periodical interest.
The remaining 50% of the enhanced
with proportionate interest shall’ 35e’re1ea.secl«
the appellant, immediately,
Office to draw award,”a:ccordi1Vig,ly.V_
BM’-J’.’.’ _