Babu S/O Hanumanthappa vs The Oriental Insurance Co Ltd on 12 August, 2008

IN THE HIGH COURT OF  2

CIRCUIT BENCH AT    

BEFORE?) é

THE HONBLE MR.  

DATED THIS THETk%12f?H D3150? Aif(3«i)".:'§»T. £003 k V %

M.F.A. No;"}f$'92 1/.,'?g(:)()_'i"'A£I4}ZV)'1._
BETWEEN:   " %

Babu,     .,


Age:     

Occ: E1c<':tri(':ia11;."   '

R/9.YarmLams,'*-- " f .  
Tq. 8; Dist:~.Raic1j1jur;~~._ " .. APPELLANT

 "  _  P. Patti}, Adv.)

1. 'i'he---':tZ.)1'iéntal Insurance Co.Ltd.,

   Throizgh its Branch Manager,
,, Thar: Oriental Insurance Oo.Lt;d.,
'Dist: Raichur.

  Shaik Shavali.P.,

Majer,
Owner ef lorry bearing magi.

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N.A.P~2 1 V 6728,
R/o.No.182/15,
Hasanjipeta, Adoni,

Bist: Kmnool, A.i3.State. ..  ..  

(By S:ri.M.Sudarshan, Adv. for   

dispensed with V/o.dt.29~7*~2«Q_08) '  '~ , J,

This MFA is filed 1.1/'S. 1?V3(1)'0f NIV Aet against the
judgment and eaw_ard.VAe'at;A1'e6-1652007"passed in MVC
No.44/07 on theffiile-_ osii'jt1"1ef»P;O., FTCJII, Member,
MACT, Raichur, pa11'ti3rL'V'va11owi1ig_'~~th'e claim petitien fer
compensation   *  " ' enhancement of

     
"§'h§s'_,MF'A. eei:£!if1g.,.nn*~._fer admission this day, the
cmuft  t1 1"c_

 A¢voeé;tev,---«is permitted to file

the vakaxath :2»: tfie' jrespgm¢m,.

 apméfi  .ciir;ected aghast the judgment

'1jeeegm¢1 1:V'aWe-if%i'44'€iett1'ie..4_16;i&3-2007 passed by the MACT,

  _ A V'  nR 'aA~»i(::fl1VAIIV}i'," ;v£veieof44/ 2007.

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3. By the impugned judmem  the

Tribunal has awarded cempensatiott  ,I_--

With interest at 6% 33.3.

4. In brief, the   

The apmflapt   the accident
that occurred onxa compensation
of R39?    has awarded

1 ~ with interest at 6% p.a.

  A'  that, the appellant herein has

filed'    t' '2.  ' ' "dd

"    AA x'1'he------~ learned counsel for the appellant

V   that the 'i'ribunal was not justified in

'A  1/ 3rd amount towards the personal expenses

may injury case and therefore, the impu@1ed judment

 =  award needs te be modified. He also submitted

that no compensation is awarded by the 'I'I'ibunal

towards loss of income during the period of treatment

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and therefore, the impugied judgment anti  seeds

to be modified.

7. As against this,  

resmndent fairly submitted'1.&t11;ét nos "

justifieci in deduea'xigl. 1/ as g1eQL}nt"«:..;tswai'ds me
personal expenses in -ease.' * i
8. I have the submissions

made by..th.e    parties.

 ll  '  erises for my ccmsideration is,
V' 'vllletlfler At1le'~.-lfzibunal was justified in deducting

 ameéLmt-------«towmfis the personal expenses in an

" '_ "  and not awarding compensation towarfls

'' .__4"'%loss,ef1.fLtieome during the period of treatment?

10. It is relevant is note, the '1'ribunal has

  conxpenmtion of Rs.2,14,2G0/- towards loss of

future earnings taking the inceme of the appellant at

Rs.10()/--- per day and the disability at 50% and

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adapting the muitiplier 9f 17. Whiie d0ir1g.T"':;Q, it has

deductecg 1/3:6 amount towards the 

which is not permissible in law    1é§:éd$

to be modified. Accordi1j'é3{,::A'it.V   

csmpensatien of Rs.3,V(36_'_,'(}O!5; A--  'i11steaVf1~"gVf / _

11. The  ;V1ot   amcfiiint
towards 3.038 of'  of treatment.
The appellant  an inpatient for

20 days. '1'};z~3fefdre;._iii niji..cGtisidered view, it is just and

§$r_0pr:': r  of Rs.2,000/-- towards loss of

  of treatment. Accordingly, it is

_:'§'':*''''3.''*-'.'é*"€;1eci.. "  A ..... .. »

  1V?;;'.v.':'I'he total compensation payable comes to

 R3'.4fi.2.'4A,00O/- and the brwk--up is as followszw

1. Towards loss of future
earnings Rs.3,06,000.00

2. Towards pain 85 sufierings Rs. 50,000.00

3. 'I'ow'ards meéical expenses Rs. 31,000.00

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4. Towards loss of amenities . '    
of life 

5. Towards incidental expenses.  ' :1A[Cr,;()()O;('}Q» 

6. Towards loss of j; 
during the period of;  "  --._ _ " 
treatment       

  M   J_ :és.4,24,o0o.00

13. The apfitz-I'1_a11't interest at the rate

of 8% pgr .§')%  anrmm, as awarded

by       

'A  '  the appeal is allowed and the

" 4_; impugf1et:£  and award passed by the Tribunal

   T. ! \§R!C.No.4~4/2007 stands modified, g,rant.ing

 of Rs.4,24,000/- with interest at 8% per

  from the date of petition till the date of deposit.

V " * Tfié: first respondent shall deposit the amount within six

V’ “:weeks from to–day. Out of the enhanced compensation

amount, a sum of Rs.50,00€)/– shail be invested in fixed

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deposit in any Nationalised Bank for 3 period of three
years. The appeliant is entitled to Wit¥1draw t}h§§~interest

accrueci on it.

T

Bss.