IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY or OCTOBER. 2010
BEFORE O O
TI-IE HON'BLE MR. JUSTICE B.SREENI1$7,,41'S''I§4A3:'V*.(?}'d\1:6i'"£5}L. %
Miscellaneous First Appeal,No_. VEMVJK V' ' as
BETWEEN
Thippeswamy
S/o. K Rangappa @ Kuri Rangappa, O
Aged about 45 Years." _
Agriculturist and V '
Arecanut Business _ «
R/o. Pal1avagereVi11age,,:"v V _ _ v_ A
ChitradurgaT_a_1uk and Dist... 2 _
. . U . Appellant
Adv.)
1. D 'S_Ashoka4K "
. _ S /of 'S, Vshivandaiah,
Major, Owner of Kottureshwara
' 5Bus'*No.KA--'i6--5433,
_ ..Residfng at V. P. Extn, 4th Cross,
.,Ch_itradu§rga - 577 501.
2-.-..__ Ti1e Branch Manager,
, Oriental Insurance Co. Ltd.,
S-iiri. Sharada Complex,
Opp: K.S.R.T.C Bus Stand
" Chitradurga -- 577 501.
Respondents
[By Sri. D T Chetan, Adv. for R. 1,
Sri. M. S. Sriram, Adv. for R2]
fir
This MFA is filed U/ S 173(1) of MV Act, against the
Judgement and award dated 01.01.2008 passed in
MVC No.1043/2006 on the file of E Additional Civil
Judge {Sr.Dn.} 8: Additional MACT, Chitradurga, partly
allowing the claim petition for compensatizin and
seeking enhancement of compensation. " it
This appeal coming on for
Court, delivered the following:
§uNJ it
This appeal is by the claimant. of
compensation awarded bj:I_v'ti<1,e Triburial.
2. Heard.
3. 'the -oi"eonvenience parties are referred to
as theyarereferr§d._to'«in the claim petition before the
'rr;ibu_na1.i ~
.0 V' A i,':Brief factslmofvthe case are:
l---3«~06, when the claimant along with
others travelling in the bus bearing registration
i VgNolK£3l--16--54;33 from Chitradurga to their respective
V"-n-ative places, in between D.Kurubara Hatty --
00 Thoparamalige village, the bus met with an accident
5?:
due to the rash and negligent of the same by its driver.
As a result, the passengers including the claimant
sustained injuries. Hence, he filed a claim petition
before the MACT, Chitradurga, seeking of
Rs.6,'75,000/--. The Tribunal by
and award has awarded compensatiori of;--d T. it
with interest at 6%
compensation awarded
in appeal seeking V .c.ornpensaVtion.
5. As there is occurrence of
accident, nelglgigencgie the insurer of the
offending point that remains for my
considerationdl appeal is:
V l "'W_hether the quantum of
;_'--r.pcoInpensa*tio'n awarded by the Tribunal is
, _ just'-._ and proper or does it call for
it ' as _ ..er:ha=nc.ement?
it hearing the learned Counsel for the parties
andgperusing the award of the Tribunal, I am of the
it * that the compensation awarded by the Tribunal is
$5
not just and proper, it is on the lower side and therefore
it is deserved to be enhanced.
As per wound certificate -- Ex.103, the claimant
has sustained the following injuries :
Comminuted fracture of upper l/Sid of
left tibia.
Dr. R.T. Chandrashekari ;":ex2:;_fr1iiieCi . ivho .2
has given disability 'llc_er.tiiicat'e at
categorically stated that... " had fundergone
surgery and skin grafting "There is loosening
of diametricl'o.f of one inch
cori1pared.ltlo=rigl*itf'leg}"'-. He had given first aid. He has
statedl"c.lai:,naln_t.lhas.isruffered permanent disability of 50
to loWer___l_irnb.
(Jonsidering the nature of injuries. Rs.10,000/--
2 Tribunal towards pain and suffering is
onztlie lower side and it is deserved to be enhanced by
if 'another Rs.20,000/- and I award Rs.30,000/-- under
head.
.
8. As Rs.42,020/– awarded by the Tribunal towards
medical expenses is as per medical bills produced by
the claimant, the same is just and proper and therefore,
it does not call for enhancement.
9. Claimant was treated as inpatient
8-3-06 in Government Hospital, .jchifir~:;c¢{rg’g;i,, as -.
continued treatment at
from 8-3-06 to 10-5-osaa aga.,in«.,frorn–T7¥6:O6 to’
17-6-06, totally a «about; 70 days.
Considering the same, it awarded by the
Tribunal tiov/liiards atten_dian.tx”a1j_1dVnourishment charges
is therefore, totally a sum of
Rs.20,l0O_,O/.+ towards incidental expenses.
__TClaimar1t.c1.aims to have been earning Rs.5,000/–
‘ .-Viper doing agriculture. But the same is not
In the absence of proof of income, his
income is assessed at Rs.3,000/– per month. Nature of
V’ ,_inj_uries suggest, he must have been under rest and
treatment for a period of five months. Therefore, a sum
Q?
of Rs.15,000/– is awarded towards loss of income
during laid up period.
11. Considering the disability stated by the.__ doctor
and an amount of discomfort and unhappii1Ve’ss’L:’–whieh
he has to undergo for the rest of his /;
awarded by the Tribunal towa’rd’s”los_s’..¢of isfionl T.
the lower side and it is deserVedV_A.to he-v_.’.enh’.arieedV”by
another Rs. 1 3,000 / — “award = — it under
this head. «_ _ _4 V A
12. Claimant is ‘aged years. Multiplier
ap1;;1i”c;flj1e.:sV5»j;o<& is '14'. The doctor has
assessed 50 to 55% to left lower limb
'_I'rihi.1na1"has'- considered the disability caused to
at llll l5%. It is on the lower side and
it caused to whole body is taken at
"L70/ca.–_." income is assessed at Rs.3,000/- per month.
is So hfiiture loss of income works out to Rs.85,680/–
ihr..lV"(as.3,00o/– x 17/100 x 12 X14} and it is awarded as
T against Rs.70,200/- awarded by the Tribunal. –
€$€a/
13. Thus the claimant is entitled for the following
compensation:
1] Pain and suffering Rs. –
2] Medical expenses Rs.;””—-42,.O2Q/’V~:
3] Incidental expenses v2(:);O0O ” 2 4_
4] Towards loss of income
during laid up period ‘41.5,v(4l()0Vl’/’-.– it b j x
5]’ Towards loss of an;_eniti.es 1’5′;0_0~£)_/i.’_
6] Future loss of income ‘ Rs. ‘~ .,85’;-S80/”–._u
V ‘-v.c}I7ota..iV’ V
14. Accordingly in part and the
Judgment modified to the
extent claimant is entitled for
a total – as against
— the Tribunal with interest at
6% p.a’.e compensation of Rs.80,480/–
“”t0……Rs.80,500/– from the date of claim
‘ Vllpetition till”t.he date of realisation.
ll Vp’e:lnsurance Co. is directed to deposit the
enhanced compensation amount with interest within
it two rnonths from the date of receipt of a copy of this
jtidglnent.
$5
16. Out of the enhanced compensation 7 5% with
proportionate interest is ordered to be investectin FD.
in any nationalized or scheduled Bank in the of
the claimant for a period of 7 years 4_
amount with proportionate in’t’erest {sis j
released in his favour.
No order as to costs. it —