IN THE HIGH COURT ore’ KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF OCTOBER, 2010
:PRESENT: ‘
THE HON’BLE 1v1R.JUs’rIcE N.K,_:.é;2!x1?–1L:..’_.j: A’
AND A _ VF.
THE H0N’BLE :
M.F.A.N0:~*44§9 ‘(£2905 % 2 V ‘V
Between: ‘ V V.
K.M. Gowda, v _
S/0. K.G.1\/Ianjunath, ”
Aged about 21 years, V j
Resident of Kalahalli Village} _ 1 .V
Chitradurga a’3uK’and Dist.fiCt’;. ..
….Appe11ant
{By SE1. c;.Mg}1’s;1¢ika and
Sri. B. M. :3idda.ppFi_; ~ AdVpTC.ates)
A,nd.=. _
1 V’.aIekarV,’ ———- ~ ”
_ ‘S/d.VAV2_1sa=nth Vaiekar,
” ‘Aged ‘ * years.
D1’i’_.ré’jf._Of Mini Bus
. “13ear1r1–,,§.§;_N;3. KA 16 A 4563,
“-.Nea1′ Ambedkar Kalyana Mantapa,
Rajendra Nagar,
_ T Chiizfadurga.
fi.Mahantesh,
S / 0. Halaiah
Owner of the Mini 13
_,«
‘Mfl_M_/_v_..»
Bearing No. KA 1.6 A 4563
R/o. Jogomatt Road.
5″‘ Cross.
Chitradurga.
3. The Senior Divisional Manager
The New India Assurance Co., Ltd.,
Divisional Office, ‘
No. 2419/1 and 2, Shamnur Building,
Chamrajpet,
Davangere City.
@smMmmmmmmmmmml._.
Notice to R1 dispensed withgv/o dated-20/100/20083; ” ‘
R2 served but unrepresented_)”*–.__ . 1,
******-5?: . 3
This MFA is file”d..V_U/8’01″/’8.( 1) ‘of MV Act ‘against the
judgment and award dated: ’18,§_0I/’2005=passed in NW C No.
305/2002 on the file of’.i.t’he0′-Civil _.J”ud_’ge'(3r.Dn) and Addl.
MACT, Chitradurga, part.ly”»all.owing7thefolaim petition for
compensation «and- _see§l{ing enh-anCeme’nt’of compensation.
on for Hearing this day.
N.K. PATIL* J, deliteredthe following:
0′,-JUDG MENT:
“appeal by the appellant is directed against
._t}i.ed.lA common judgment and award dated
18’/01!:/20’05 passed in MVC No. 305/2002 on the file
00 ~ oi~theoom1 Judge[Sr.Dn] and Additional Motor Accident
0″‘-:C’laims Tribunal, Chitradurga, {hereinafter referred to as
” H0′ Tribunal’ for short).
5/
2. By its judgment and award, the Tribunal has
awarded a sum of ‘€54,400/– with interest at.’6%_c»_fp..va.,
from the date of petition till deposit
claim made by the appellant for~~a__sum’
on account of the injuries sust’aine.d
traffic accident.
3. In brief, the case are:
The appellant 21 years
and agricuhiirist was hale and
healthy at about 1.80 p.m.,
on 112;’ ill? was travellirlg the bus
bearing to reach Chitradurga and
when thellsaid. near the land of Malappa on
rfrear-. Koihal”‘vi”1lage, the driver of the said bus drove
the’ in rash and negligent manner with speed,
lost contro.l’:oVer the bus and as a result, the bus was
Acapsized towards right side and fell in ditch causing the
‘accident. As a result of which, the appellant sustained
.. V_.:injuries near left ear, left cheek, chin and right foot.
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5
incised Wound to occipital region, lacerated wound to
right knee and other injuries all over the body.
Immediately, he was shifted to PHC, Bharaniasagara
and then to Bapuji Hospital Davanagere. ::1;J..E:
has taken treatment as inpatient 10
operation. implants were inse1’jtedh.,,hand.,h in_’v._iew’-._of ,th,-3
injuries sustained, he: has l”.su’ffered’77«perrnanentj
disability. The Doctor has laslslessedl’the”disability at
25% to 30% to the -hilt ‘th’e.,ATL1rther case of the
appellant that. he lllleonlsiderable amount
towards’ exp’enses’,””‘eonveyance and other
incidéntal_ el1ar’ges,.°Therefore, appellant has filed a
claim petition be-fora the Tribunal under section 166 of
?,.fACt~,. claiming compensation against the
“The said claim petition had come up for
before the Tribunal. The Tribunal after
Ahearing’ both sides and after assessing the oral and
doeumentary evidence, has allowed the said claim
V. _.:petition in part and awarded a sum T54»,-400/~ as
tr’
compensation under different heads with interest. at 6%
p.a., from the date of petition till the date of
Being dissatisfied with the quantum of
awarded by the Tribunal, the appellalfttlllhéasf
this appeal, seeking enhancement fCoInfpensationj’.”«._:fA:7i
4}. We have heard tliellleparned.__oounsel..;appelaring’
for appellant and learned oounhsiellappearirig. Insurer.
5. After perusallofitheu available on
file, includin_g’:- and award
passed the occurrence
of the f”_”‘ir1juries sustained by the
aI3l3>ell’ant.l.in are not in dispute. The
Tribunal afterV’V–.as’ses’sing the oral and documentary
eVi.der.Lee ayailab1’e”‘on file, taking into consideration the
“nature .oi”vinj.u”1f§.es sustained, the nature and duration of
tl1.elltrea.t:rn.–ent taken by the appellant has awarded a
Asum”f:’?30,000/– towards pain and sufferings, a sum
of €12,000/– towards medical expenses and a sum of
at ._..%12,400/– towards conveyance, nourishing food and
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attendant charges. The said compensation awarded by
the Tribunal is just and reasonable and therefore, it
does not call for interference.
6. The Tribunal has erred in not ayV”ar’din_;§£_l’i.:<1t13'p_
compensation towards loss of ameni_ties..':fof 'l.i:fe–A
towards loss of future income a.nd:-th,érefore,"it rile-e__ds:_steo
be awarded, for the reason 'that, in Vi/iew ltl*1e_in;';uriesii»
sustained by the appellant,____h'e.:_ha_s suffered permanent
disability and the Dvo'ctor the disability at
25% to 30% atop 0.?'/'SW1 of the same
wouiycillbe'-the iii-fYiole..pbodyl'""(iisability and it comes to
10%, V"the._sa1ne*is~.V "perinanent in nature and he has to
suffer this~disa.biiityv_th1'ough out his life and it will affect
his'professior1.""Taking into consideration the age,
the since the accident was occurred in
tlie yearll?..;00l, we assess the income of the appellant at
A?'3,00Q_l}'~ per month. Taking the income of appellant at
"€3.f0O0/- per month with disability at 10% and by
is ._._adopting Multiplier of '18' since the appellant was aged
about 21 years, we award a sum of 364.800/« towards
loss of future income (3,000/– X 12 X 18 X 10_!j1.()f_O.i_d'a,nd
a sum of '€15,000/- towards loss
discomforts and unhappiness.
7. For the foregoing reasons,
and award passed by the Trilounai 3.i__ai::1eto Vb:e’V’n*1odified’§ ‘
The total Compensation payab}e…oo1″f3’e_s to é”1;3.4,§E3C)O/– and
the break– up is as follows? ”
Towards pain V it 3 30,000 / —
Towards n1edicai1ia’ee:gperises_ 3 12,000/_
Conveyance, r1’01:1riShi..i,1g’~.._ V food: and
attendant eharggs = .
Towards» cponveyar}Ce;’–.. 1’1ourishi.n~g food Q’ 12,400/–
and a,ttendai1t charges.
Towards ‘ioss _’ h ? 15,000/–
Towardsjoss Ofrf_E,_1l;:.}’I’Ft ineorne ? 64,800/m
‘ __ Total ? 1,34,200/-
Accord1’I1«g1y’, the appeal is allowed in part and
_ judgment and award passed by the
“1’rit§unaI’dir;C No. 305/ 2002 stands modified, awarding
a compensation of 31,34,200/– instead of 354,400/–. The
‘enhanced compensation comes to ?79,800/- with interest
V. _ at 6% p.a., from the date of petition till its realisation.
F
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The Insurer is directed to deposit the enhanced
compensation with interest. Within four weeks..’fro’rn’~the
date of receipt of a copy of this judgment ‘
Out of the enhanced compenszition;*r-150%
proportionate interest shall in:Vesteci–
Deposit in any Nationa1ized.:Tor_p the” V
name of the appellant fort-“a ofldfive ..years and
renewable for anothelrlfivell'”lil:)erty to him to
withdraw the.Ent’e_resit accruecEA”ot_;._iVt.” ‘
The rcinairii_ng”–[g§O%.__ proportionate interest
shall:’i”l5e–.a. llliavour of the appellant,
immediately, the Insurer.
V. _ Dréifi’ _tlF1e eawardl’ accordingly.
Sdfsiw
ledge
Sc!/jg”
Iudge