High Court Karnataka High Court

Pyarejan vs C Mohinuddin on 19 December, 2008

Karnataka High Court
Pyarejan vs C Mohinuddin on 19 December, 2008
Author: Deepak Verma K.Ramanna
IN 'rm; HIGH Comm 0:? KARNATAKA AT BAN£}5§§{)i§E.V:"'« V.

DATED THIS THE 19TH DAY OF DECEMBER   H

PRESENT'

me: HONBLE MR.JusTIcE';'QEE§5AK V::£eMA. "  



THE HON'BLE MR.JU3P,i3§3-EuK,..RAMAN~NA"V2
M.F.A;1¢Q%.30:37/2or;;§j.  

B TWEEN:

PYAREJAN

szo HUSSAJIN-SAB, "£2:  '

40 YEARS, _    

R/OASARM'OHAL1.P.¢"'A.<   __

CHITRADURGA    ...APF'ELLAN'I'S

{By Sr;/Smt ; :{HA.a E"1é. ADV.)

    i'4v!:'CivL'~§iVrv¥Vl}Df;}IN

. '-45 YEAR-S,T1=S/O MLLKHADAR
 Rxo-P403559,
'aamuze ROAD
DAVANGERE

% v~1.'2A. I 'FEE NEW INDIA ASSURANCE co LTD

 FJARASHJHARAJA ROAD
DAVANGERE 5?? 001

" W3" THIRU K R;%.MESH

58 YEARS

81' C} KR£SHNAPILLAI
ISTH LANE STREET
NAMAKKAL

cfiw .~ <



4 UNITED Ii'~IDIA INSURANCE CO LTD
BRANCH OFFICE
N035, SALEM ROAD 1 
NAMAKKAL 637001  RESPONDE-_P5'T(_S%.v

{By Sn'! Sm: : AKRAM PASHA, ADV. FOR R3. SR1 R.JA§_fi5RA»§?f£x*$_H;-. A.
ADV. FOR R-2 AND SR1 SVHEGDE MULKHAND, ADV,__ FORE"-4) -- 

iiiiiii _:  

THIS MFA IS FILED U/S 1?3£1);"§3F;l9iV:'A§i1'§f»A(§fiJf§f§'F--.A'l'§£E

JUDGMENT AND AWARD I3A'£'ED:1S.7V_O3' _ PAS$§EI) 'IN  
NO. 1433/94 ON THE F}LE OF 'I'}?'E PRL. CWILJUDTf3E {SR,VDN.§ AND, V *
ABDL. MACT, TUMKUR, PARTLY IKLLOWING 'FHECLAIM PETTFION

ma COMPENSATION Ania SEEKING Etmgucmmm on
COMPENSTION.      

THIS APPEAL BEING : RESER§fEi5"' -GOMING on FOR
PRONOUNCEMENT OF' JUDGMENT' Trizs  KRAMANNA J.,
nguvmzsn ms F'CVLLOWl:NG;». *  W "

This   'S  .  by the injured clam)' ant

 chaflejgiging jfidgmmt and awam dated 15/7/2003

%  Civil Judge {Sr.DI1.} and Addl. MACT,

 and whereunder, a sum of Rs.22,275/-

 has  éfirmfied as compensation to the appellant

V' V'  interest at 9% pa. finm the date of petition

   ofreal1'sati0n.



2. The appeliant not being satisfied with the

quantum of compensation awarded by the 

come up with this appeal under Section   

Vehicles Act, 1988, contending     .. 

under various heads is very low.   :1: 'A

3. Heard the mgumgnts of. ti1e  "co'u1*isc5i*..L

appearing on both sides and   H 

 The '0f"the& are that on 10/ 6/ 1994
at abouf.    «the 313931139'/P6331'-1093? W85

travefliug   Ch1't:radurga to Bangalore, the

 drove the same in a rash and

 and dashed against the lorry,

  coris.=:_Vc1u¢§1'1t:tjz§'.VhppeIla11t sustain' ed grievous injumes' and

E

 right pubic rami, thmeby incurred huge

A   for medical treament and sustained loss of

 inaéome and also sustained permanent disability. Hence,

  he filed a claim petition claiming compensation of Rs.5

 



5. To prove his case, he examined hknsclf as.--£?.W.l

and also examined the doctor, who 

certificate as P.W.2 and got marked m%jatmmm¢s  

Exs.P.l to R29. The mm    

material evidence placed harem  %

petition in part awarding     '  '
6. Admittedly,   quesiziéfivy occurred

due to rash  rtegligenfj'   ' of the has by its
driver. A cm A :1;-%¢1~:sna%j[:zo.79;94 also came to be filed

again' stthe  s ' bus, the documaits Exs.P. 1

 'ta,  tfieafly  that the accident in qtwstion

 to the rash and negligent act of the

   of bus and ttm same is not mud} more in

 '"= §ii!:sp11tt§ flefore 118. Further, the liability of respondent

2- pay the compensation amount is else not disputed

T .. ” before us.

7. According to the appellant, he is a

copper utensils manufacturer earning 3

and he had spent around Rs.:i(‘3,’0O0_/Q-_ V»

towands medical expenses. _ .

considering the nature of

suffered and the by he was
an inpatient for about J follow up

treatment neg:zriy;_:V1’for fig a sum of

Rs. which in our View
is just not require any enhancement.

However “in not awarding any amount

V’ heagl amenities’, thus we award a sum of

the said had.

on the basis of the medical

to 16 produced before it, awarded a sum of

~ towards medical expenws of the appellant.

fe “fioiwever, the Tribunal failed to eoneider the hidden

‘ ” expenses that the appellant would have incurred fin’ which

no receipt couid be secured, as sud} We award Rs. 1,500/–
under the said head and Rs.1,000/- towards coneegfegace

and nourishment charges.

9. Further though the appell_;a11t__clai:1is’ A

earnmg Rs.-4,(}OO/~» per month

some before the Tribunal. L’

Ex.P.26 to prove his incoxxgxeflbut’ not 9.

conclusive proof to deteiiofine’ the appellant,

since to have been doing business

on his owko,” rm” have produced some more

, documents to prove___1;ie income. However considering the

of the case, a notionai amount of

F§s’;;fi,”E’>'()(v) / as income of appellant per month and

{he xawanied towards his loss of earnings during

‘ iip period.

10. Though the doctor/P.W.2 had deposed before

° oioo * that appellant sufiered disability of 20% disabflity of

his whole body, the Tribunal erred in not awarding any

FE

amount under the head ‘future loss of income’.

Considering the injuries sustained and the ampinty

suffered by the appellant, we are of the

appellant must have sustained V’ fWhele” *

body. Accomingly, considering

aged 30 years as on the dats3V__vdf….Vaoc2ibtieV1:1’t, L’

proper multiplier of fm: to

compensation of Rs.28,8{5()–/§’– _%x 6% x 12 x 16 =

Rs.34,56o/3)’ b2*«efut:.1.?~4s:e ‘ s. Thus, in all
appellant is en’i§tlecl– of Rs.63,800l-.
1 For the reasons, appeal is allowed in

awand passed by the Tribunal is

is entitled to enhanced

Rs.41,525/- with interest at 6% pa.

«date of petition till the date of deposit apart fmm

Afagzneunt awarded by the Tribunal. Respondent

4: Insurance Company shall deposit the said amount

V:-uwithixl 4 weeks fium today. Respondent No.2 to bear the

cost of litigation through out. Oounse-l’s

Rs.3,000/–, ireemfied. &

*MV8 ——– _