High Court Karnataka High Court

John Shanthkumar vs A N Rangaswamy on 25 October, 2010

Karnataka High Court
John Shanthkumar vs A N Rangaswamy on 25 October, 2010
Author: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 25"' DAY OF OCTOBER. 2010

BEFORE

T HE HON'BLE MR. JUSTICE B.SREENIVASE

Miscellaneous First Appeal No. 2931   p

BETWEEN   

Sri. John Shanthkumar

S/0. Vinod Sampthkurnan
Aged about 35 years, ''
Residing at "SHUSHANTI-I" A .
2nd Main, 3rd B Cross,  
N. J. Extension, ' 

Turnkur Town.

 ,  'Rangasfieamy,
1 Aged about 35 years,

 ?No."2.., Vittalmalya Road,

 v.Banga1ore -- 560 001

"  Ckiental Insurance Co. Ltd.,

  Office, TGMA Building,
.. 'let Floor, J. C. Road,
"7-Tumkur.

(By Sri. P B Raju, Adv. for R2,

 Appellant

 Respondents

R1 — notice dispensed with V/0. dated 20.10.10)

4%

This MFA is filed U/S 173(1) ofMV Act against the
Judgment and award dated: 16.01.2009 passed in MVC
No. 909/2007 on the file of Additional Civil Judge
[Sr.Dn.) 8: Member, MACT, Tumkur, partly allowing the
claim petition for compensation and seeking
enhancement of compensation.

This appeal Coming on for Admiss
the Court, deiivered the following: _
J U D G
This appeal is by the clalimant
compensation awarded hy-v.t:l:e>Trit>unal.,:

2. Heard. The ;—-appeal””‘isl_:’admitted”and: with the

consent of learned Clionnselillalppearinlgfor the parties. it

is taken’ up”for-.final”disposal.

3. F’o_rtthel”sake of honvenience parties are referred to

are “referred to in the Claim petition before the

‘ “”iTri’o1i’na’l,._ _

._ 34,: :l3jri_et;’faets of the Case are:

. on 2-6-07, when the Claimant was

it ‘ proceeding in motor bike bearing registration No.KA–O6–

14 along with pillion rider towards Heggere to visit

on. _Tth’i’s %

their relatives house, and when they reached near Raja
clay Works on N.H.No.206, the rider of Victor

bearing registration No. KA–Ol–Y–7238 carr1e.H:in:”pa..,:.Vrash

and negligent manner and dashed agairrgt theiirx

bike. As a result, the claiman.t’Afell«dAown,a.rid«_sustained 7.

injuries. Hence, he filed a petition -befo.rezth-ep

MACT, Tumkur, seerfl1f<VTi:1,g V.
Rs. 10,00,000/–. The pmb;m;s,,z jg J1r§yr1;r1p&a,gtnead judgment
and award has Rs. 1,00/182 / _
with interest':at'–6°/cl: the quantum of
Fribunal the claimant is

in appeal' c.nh.a11c_ement of compensation.

5. Asfcpherell isv’ln’o.:_udispL’1te regarding occurrence of

auc-ii:,ident,Vv negligence and liability of the insurer of the

‘ vloffendvingv’~yfeh,_icle, the only point that remains for my

“consideratio’r1 in the appeal is:

Whether the quantum of
compensation awarded by the Tribunal is
just and proper or does it call for

enhancement?

%.

6. Mter hearing the learned Counsel for the parties
and perusing the award of the Tribunal, I arngof the

View that the compensation awarded by the is

not just and proper, it is on the lower

it is deserved to be enhanced,” A

7. As per wound certificate “x.P.5;”ciia.i.rna1dt has’

sustained the following

1) Graded corriv:i”r1i.Annted:v’ ufr–Va’ct:ure of lower third

both.bones=of’right”1eg_._i i V dd

Injt1ries’».snstai’r1ed.’b3r.i’him”‘are also supported by
oral,’dVeViderrce 0f4th.e”c_iaimant and doctor examined as

P.Ws.’2V and 3 .res:pectix_fe’1y’.

I_i”3.W.3.’~%*Dr,._..7E’yagaraj, in his evidence has stated

has sustained Grade I compound

.’ co’mrnin.a’t_e.dVsegmental fracture of both bones of right

leg he was operated and discharged on 13-~6–O7

A an advice to come for follow up treatment as out

Viépatient. Claimant was examined recently on 29-11-08

and the following was noted :

®(

X~ray fracture well united. He has knee
movements 0-90 degree, flexion and ankle, 0-10 degree
dorsiflexion and 0-10 degree plantar flexion_.-present

unable to squat and sit cross leg. He has

partial disability of 30% of that limb,

body.

8. Considering the 1:-.’atu_re
awarded by the Tribunal andfisuffering is
on the lower side to be enhanced by
another Rs,_2dO,,_0()Q/3″aridl_1’ii.c,l:awai*d::..All.tis..30,000/– under
this 5:.~;i. * 0 1 V 0 ll

9. As-A by the Tribunal towards

medica14_lexpensesl per medical bills produced by

ciairriariathe same is just and proper and therefore,

» ” -it doe’synot- call for enhancement.

was treated as inpatient for 1 1 days in

‘lbrthopaedic and Trauma Centre, B.H.Road,

” Vtlfurnlltur. Considering the same, Rs.5,000/– awarded by

Tribunal towards incidental expenses such as

fig

Conveyance, nourishment and attendant charges is on
the lower side and it is deserved to be enhanced by
another Rs.5,000/– and I award Rs. 10,000/– under this

head.

11. Claimant claims to have been

per month, by working as an. ,Qperator::F[;nd”Kirlosl§arn»_

Electric Co. Nature of injuries
been under rest and treatrne:nt” tor “of
months. Thereforexa Rs.1¢l.500/ awarded
towards loss of incolrnae’ as against

. !

Rs.2,621 /_–y agmrde.aii5y gne1.«g.b.mas.

in his evidence that even
after » 11%}-«uries, he has continued his

said Kirloskar Electric Co. Hence,

‘ ,..V”qV11yestion’v..of, awarding compensation towards loss of

future’inr:ome does not arise. Nevertheless, he has to

bearhwith the disability stated by the doctor at 30% to

and 10% to whole body, in addition to certain

amount of discomfort and unhappiness which he has to

undergo for the rest of his life. Therefore, Rs.5,000/–
8%.

awarded by the Tribunal towards loss of amenities is on
the lower side and it is deserved to be enhanced and 1
award Rs.50,000/– under this head. _ pp

13. Thus the claimant is entitled for

compensation:

1) Pain and suffering, O00/.~_~V it 1.

2] Medical expenses T 3 ‘-._4-?,;86′},::_/If’

3) incidental expenses T Rs’; ..

4] Towards 1ossV.of4incorae”– A . it ‘
during laid up-.p’er_iod ” Vits.””~.:VIZie;5’0O/–T”

5) Towards loss of “a.1_nenities’- ‘_ Rs. 50,000/–
,’r’otai._ Rs.1,52,361/-

14. Accordirigiy in part and the

Judgment of the Tribunal is modified to the
extentddttstateddttherein.above. The claimant is entitled for

compe.n.s_ation of Rs.1,52,361/~ as against

a iv.4(:)”O_,4S2-A/~ awarded by the Tribunal with interest at

the enhanced compensation of Rs.51,879/-

rounded of to Rs.52,000/- from the date of claim

in . jppejtition till the date of realisation.

15. The Insurance Co. is directed to deposit the

enhanced compensation amount with interest within

two months from the date of receipt of a copy of this

judgment.

16. Out of the enhanced Compensation”

proportionate interest is ordered to

in any nationalized or scheduled-Biankd of -i

the Claimant for a period 6 Varid’the.,rernaiini–ng
amount with proportiona_te-in-terest’ ‘-i«s_._ord§ered to be

released in his favour’. _

Sd/…

Judge