. Bijapuiz ..... ti ...... IR' THE HIGH COURT OF KARNATAKA AT BAHGALORE DATED THIS THE 2773 DAY OF AUGII81' 2008 BEFORE THE Holmw l¥!R..J'G8'I'ICE 3.3. PATIL j M.F.A. no.11g.-57 or goes m 'A Sri. Hamzmanthappa, S] o.Bheen:1appa, V Agcrd about 33 years, C] 0. Chandrashckarappa, Lectt1x'e:;f; * b R/ofiogga Village, Shimoga District. V --_ , " APPELLANT (By Sri.M.V.Maheshwa1ap;:)a;'_Ad§;_j h' V' V 1.
Sri.S;’M.Ana3:r.da,.f-~.._ %
s; o.Soma’shei<aIa
Aged Major; {{)W11er'~';fTippcr
L011}: bea1*ii.:1g'NoV.R'.A 23/450 1),
C,' iQ.G."Shanka1*,. Class I Contractor,
Mukhesh,
r S! R"-"~'?3 §'MafijaPPa,
aged ma§orjD1iver of Tipper
may baa:-ing No. KAQSI 450 1)
R] o.'Ri;3ponpctc, Hosanagara Taluk,
v " » mm. 1\Ib.646/98-99,va1id upto
7.93.2001, Badge NQ163/2.
. ._ A ” 3. V’ ibfational Insurance Company Limited,
~7Representer2R-*1
S;r:i..M.Narayanappa, Adv. for R-3,
R-2 is served)
This appeal is filed under Section 173(1) of Mvem
against the juégment and award dated 29.05.2006
MVC No.4~72/ 2001 on the file of the Add]. Civil Judge’ {S12 131.14}
and Add}. MAC’I’., Shimoga, partly the K ‘
for compensation and seeking enhancement of cqmpensaficn?’
with 12°/o interest.
This Appeal coming on. for
Court delivered the folkxwingt :
1. This is an appeai’ seeking
enhancement 0!’ ct:i11§_zensafi6i1;~
2. A;:V1V:vv–;ac:c=itie:,r;.;u”vt:V 14.02.2001, when the claims” nt
was fixing bz}1t i<:; of the Tractor Trailer. At that
_ time a..%fi'ipp«zr 1,o£xy..Vbear;}3g registration No.¥{A~28/450}. which
in a rash and negligent manger dashed
ran over the stomach of the claimant.
V _As a""'1"r;sL:it. the accident, the claimant sustained grievous
He was admitted to Nanjappa Hospital, Shun' 0384
-_v’Vhere–AhAe took treatment.
VT The claimant filed a Claim Petition under Section. 166 of
‘ ” ” Vthe Motor Vehicles Act claiming compensafion contending inter
%,
v) Loss of eanlifigs duxing
the laié up period : Rs. 9,000] –
vi} Loss of future earning : Rs.31,0{)O/ –
in all, the Tribunal has awarded coz3ahpeI1satio.:1.’_fi1V.VaL:wA.§~:,::1.sn 9
R3.97,30(}/~ along with interest at 8%
petition till the date of actual’ eeposiek Agggievéd by’; {lie
inadequate compensation awaxdevfi; is befom this
Court in this appeal.
5. Counsel for the appeflajgrf, Vs1_1?;:1_Irllfs although the
Doctor has the Tnbunal has
emmeouoly _’ at 10%. He has f11x1:I1e:r
contendedlthai the towaxtis medical expenses
and towattls 1o”s3_:’ofemei>.i1:iee at Rs.’?,300/- and Rs. 10,000/–
l¥3Sp€(3$.i€”{?§§7′.iS”{)I2 the 1¢wer side.
, the nespon.dent~Insm’ance Company
Suppofts ‘findings recorded by the Tribunal and the
H H ” 1 4.” of compensation determined.
Having heard the learnecl counsel for the parties and on
perusal of the zaatefials on record including the
efdence of the Doctor, I find that the Doctor has deposed that
has spoken about the disability at 25%, in the instant case the
assessment of compensation requires to be made by the
disability at 15%. If the compensation is reworkegi
percentage of disability at 15°/in, the loss of
come to Rs.91,80{)/–. The ‘I’Ii}3una}_’has–.e11’eneciisi}%_eediictedii
50% of the amount out of the cf
Since it is a case of injury V
such deduction is not ~T{‘he ilicieciicalii expenses
awarded in a sum of 1és;%,–3G3%/3’§’:i1$ Q11 the bills. 111
additiori, a sun1_:of_ Rs.iiG§(3{.!VQ,’Vj” the Tdbunal
towards iticidental expenses. A
31351 Of towards less of amenities
and coiiifoits of the injury suffered by the
claimant heeisonable. Hence, I do not find any
, need’ ifiterfeee’ witfiflie award in respect of these heads as
they __a1:1d reasonable assessment in the facts and
case. in respect of all other heads. the
V . awaxded does not call for interference. Thcugh
i:3_.co1itended by the learned counsei for the appellant that
ag1’e– std the injury, the claimant is compietely disabled and his
it ‘ e prospects have been affected, as there is no
acceptable evidence in this regard, the said contention is
rightly rejectad by the»'{‘r1″buna1.
8. In the result and for the foregoing, this ap:I_:~_téi”
in part. The Compensation to which the ”
enhanced and fixed at F?s.1,58,100;:f~. %
far in.tenest at 6% pa. 0:}. theV»i:r;hanified”’emou?a{.A. tlige ‘date %.
of petition till its realisation. shall be
deposited within a of._:s2§:ée.1§s {he date of
receipt of a copy of this x x D»
53/:
Iudg”5
PKS