High Court Karnataka High Court

Ganapathi vs Nagaraj on 21 January, 2010

Karnataka High Court
Ganapathi vs Nagaraj on 21 January, 2010
Author: V.Jagannathan
(BY. SR: SACHINS. IVIAOADUM , ADV. FOR RI,

IN THE TSOH COURT OF KARNATAKA
CIRCUIT BENCH AT DI-EARWAD _
DATED THIS THE 213: DAY OE JANUARY, 2010.   
BEFORE _.  ' '' jv

THE HONELE MR. JUSTICE V. JAOANNATH.AN1.A.I.:'~ 

MISCELLANEOUS EIRST ARREA-,:;NO..2 187/ 20'0C'TI.:TyIV} V .. 

BETWEEN:

GANAPATH, S/O LAXMAN DAHINDE'~.._ 
AGED ABOUT 54 YEARS, OCC: PRIEST IN
MAHALAXMI TEMPLE, GADAO 
R /O BAGALKOT, TQ. BAGALKQT,

DIST. BAGALKOT.  .0 _  I I
    '-_=.,...*A.PPEELAN'T
{BY SRT. SHIVAKUAMR S. BADAwA.DAOI,._ADV.)  ~ "

AND:

2. NAGARAJ,  / O --P«'E'AI,LIIIIAR.}U'N CHONNAD,
AGED AEOI'UT..47'IjYEAR7S;'--0CC;"EUSINESS
R/O H.T«r'O. 3922',£UiTTAR.OALI;CHIKI<ODI

TO. CHIKKODI, DIST. .'EELCAU1VI;"' ~ '

2. THE DIVISIOINAL'MA'NAOER--,._
NEW INDIA ASSURANC-E CO. LTD.,
TURPAD»RUNOLO»w, OPP. KITTEL
COLLi3GE,OA'DHARWA'D,V _

'- "  ~ " """ " ...RESRONDENTS

 SR1 O..N.RAICHUR; ADV. FOR R2.)

'g"'--.I'THIS--'.AjRREAL IS EILED UNDER SECTION T.73(T) OF' MV ACT
AGAINST TH}_E}--J'UDGMEI\ET AND AARD DATED 30.5.2006 PASSED IN
MVC 'NO.328/2005 ON THE EILE OE THE PRL. CIVIL JUDGE(SR.DN)

"SAND CJMAI'-/IEMBER MACTHIII, BAGALKOT, PARTLY ALLOWING THE

CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT

OE COMPENSATION WITH 12% INTEREST.

 "THIS APPEAL COMING ON FOR HEARING THIS DAY, THE

  COURT DELIVERED THE EOLLOWINO:



Ed

JUDGMENT

Heard learned counsel for the parties in re;s’p’ect~

appeal preferred by the claimant for of

compensation.

2. Appellant Counselm’ Sri. S.

Badawadagi submits not dispute so
also the liability of the so far as the
quantum iS failed to award
compensation ‘fultlureozearning capacity though
medical'”e’Videij:ce.i:l:l?%§;;is \ thel._””d’islability between 5ow55%
following’ the fracture contusion of ribs,

fracture of pelvis Var:._d as per the medical evidence there was

” 2 also” on side of the hip and the left shoulder

“none-..as.__lWeil. as the left ribs and pelvic bones have not

properly despite treatment taken at various hospitals.

j Therefore; learned counsel has sought for enhancement of

ll_j’cornp.ensation under the head of future earning capacity and

— towards pain and suffering and medical expenses also. In

“this regard, the evidence of PW~l and the document

X’,

produced, in particular, EXP-32 was referred to, to contend

that the appellant was Working as a priest in

Temple, Gadag and was getting Rs.3,000/ — per ~

3. On the other hand, ‘tlearnedi co.unseI iifoi:’ri–._tl?:.e:

insurance company argued though thei’iappevllant.3 has –. L’

produced E3x.P~3f2, author of documentiiwas not
examined before the ‘i..mi~§o’;¢r, there is no
evidence to showthat injury, the
appellant priest. As such,
compensation calilioriienihaijicement.

4. ” Takinginote”‘—Qi”‘the above submission and the

evidenceggonireeordt hand’ appellant having produced EX.P–

V’and3-having denied in the cross–examination that he is

priest, the document produced at EX.P–32

also..44indiVcati’ngii that the appellant was working as a priest

V’-earlier,” tmy view, the income could have been taken atleast

i”iat.R_si§’;3,000/– per month and disability at 15% for the whole

body and consequently under the head of loss of future

%

.,;

earning capacity, the appellant will be entitled to

Rs.59,400/–. Since the Tribunal has awarded Rs. 1viV–3,’~lf,:):(ll)’£)./s,

the net increase will be Rs.-44,400/– under

Towards pain and suffering, a further sum of this

awarded in View of the number of fractures*and”towaiids’

medical expenses, in the lightof the docurnefitts”revealing

that the appellant took treatniieint» at variouolhl-ihoaioitals, a
further sum of Rs.1O,Ot)0/M the
amount towards convej/lazielell f__:’_.g:1.:’atIvAAlfyx.stewards loss of
amenities – Thus, the
compensatisjn by Rs.’70,400/ -. The

amount will _ear:%y _ir1t.erest”alt 6%;

, Appeal *is.,al’1ovlVedi-in Tpart thus.

T’ ‘1″ “r.”*’;”- )1 6
gagflfi

K…»-‘ 41,;

— kmv 44″