IN THE HIGH COURT OF KARNATAKA AT BANGALCRE
DATED THIS THE 33° my OF NOVEMBER.;«.?. 0{§t9_'_'n:'f;
BEFORE
THE HON'BLE MRJUSTICE Mo:-am nsnHAr§irAix1A.r;o1;5L;§»;:%+'
M.F.A. NO.463§;f2OOS'
BETWEEN: V' . '
C. Prasannaraj
S/ 0 Champala
Aged about 37 years 1
N0.858/4, I M'aii1._I?.0ad=__ ._ =
Shivaji Building, iYv¢sh*vJanthap1;-rai' . V
Opp. Divine E.rig_1ish'---SchOfj0E "
Mathikerg Main Fhad , V V' "
Bangalorev-2A2,n5. "7: ..Appe11ant
(By Sriz'Sn1'ipad. ,)
AND:
" _ 1 . -ifI"11€-.;_ .Nat_'10naI insurance
C01npany=._Limited
'D,o-.._1:n1 Lakshmi
. "-n"C.onap1s;x, .1-5:17-19
'A St. Ma1'k_s.R0ad
"}3an_ga1:3r'e, by its Manager.
' ' ' = 2.; L M Susheel Engineers
/ a Basavanivas
" No.29, K.H. Rad
Shanthinagar
Banga1ore~27. . . Respondents
{By Sri Gangadhar Sangalli, Adv., for R1]
MFA Fiied under Section 173(1) of lVI.V. Aaagsciiisgit _
judgment and award dated 12~12–200′? passedyeinvi-13/iV_(_3 *
N0.133/2006 on the file of the XVI Add1._«Jt».1dg€, “Member,~«.. V
MACT, Metropolitan Area, Bangalbre. {SCCH} vpartly
aiiowing the ciairn petition for compensiation._and=seeking
enhancement of compensation. ‘ ‘ ” v ”
This MFA coming on Vi’0r:”‘hearing,__ this court” V
delivered the following 2
This iCla,_iir1antis”‘x'”appeal praying for
enhancernent:~–ef arnount awarded by the
Tribiinal 1’ ‘ a y W 9
_ 2.. The appellaiitfiiaimant met with an accident on
atttabotit 11.30 p.rn., due to the rash and
” of the driver of the second
resp0nde:nt’sV vehicle which was insured with the first
respcn.ci’ent–Insurance Company and consequently he
i’ gsi:.stained fracture of right femur. The appellant was
ti/:>
toilet and still he is limping. However, having regard to
the nature of the injuries suffered by the e1airr£.ant_,i~this
Court is of the opinion that the c1aimant§V.,Arn4ust:’—-
suffered 5% of disability for the whole body’,”.::’_’;v» it
4. Though the Tribunal dbheiow j’usiified”<ing
awarding adequate compensation heads of
pain and suffering,' .._food.nourishment and
incidental charges, during laid up
period, Y xiiesser compensation
under ____ aforementioned, the
ciainipant 'pe,rrnan,ent disability and he cannot
stand, 'S'it_, walk, Therefore, he is entitled to
/ loss of amenities of life.
is nothing on record to show as to
vvhat ,__eXa’ei:Althe claimant was having the income at the
..time the accident, this Court assesses the notional
“K:Vi1’1eome of the claimant at Rs.3,000/– per month. The
W’
claimant was aged about 35 years at the time of
accident and therefore ‘l6′ would be the appro~;iri.ate
multiplier. The claimant shall be
under the head of loss of future.eaIr14ii’1gs.’ = C
The medical bills on rec_ord’are”.vorthv i,’-V} i
The Tribunal has awarded that amount
towards medical expe.n:s;es.*A_V_ cannot lose sight
off the fact that the to maintain
the medical. the course of
‘treatment.’.a%’il’h:§1fefore,:.theuelaiiinant shall be awarded
Rs.6ti.,’OO0/ and hospital expenses.
The elaiinéant Vllas’.’.to.:’:t;~ndergo one more operation for
refiioifal of implanted, he shall be awarded Rs.10,000/–
‘ ;under__the«.iiéhe_ad of future medical expenses, inasmuch
“as”theV himself has restricted to Rs.10,000/– for
the Thus, in all, the claimant is entitled to
ii.Rs:~«l,9l,800/-, ’rounded off to Rs.1,92,000/«~.
laccordingly, the following order is made:–
V
The appel1ant–c1aimant is awarded total
compensation of Rs.1,92,000/– (Rupees
ninety–tw0 thousand only), inclusive of
already awarded by the Tribuna.1eA»be1Qw.'{ he-at” »
6% p.a. from the date of p;ietviti]cA>ir1’i’ til}.
payment. 50% of the ceiiaifiensation bee’
kept in fixed depositzxin any-jVnationaliéed»bahk, for a
period of three yea1LS,V {Che claimant to
Withdraw * Remaining
50% of paid to the claimant.
Award .a’ccofding1y.
pea}, ,gJac4’1′:’f_ttig.-_.i::_”gr;1l4lowed.
dd ” iiiii sd/-
JUDGE