MFA 8952 / 2007
IN THE HIGH COURT OF KARNATAKA czRc:t.:IfI_';'_:B1a::4«.I'fP;;\LA Gowm
BETWEEN:
Sadashiv _ ._
Age: 9 years, Occ: T'S4:u,dez;3t, , " ._
Naturai M] Gv. (3f P'e{i'iioncf'--[._ ---- '
Sn'. Aijtm Gulappa Halli," . "
Age: 47 years, (§c:c:%'Scré&i._<:c:;. " A
Ftfo Kambaagi, Tq: 15;; Dist. Bijagérur,
Now R] 0.,L¥&lsVa:I3A Wasti V
(1133: s r1 mgjcnéira .r.§.':zesai, Adv.)
AND?
_ 1. _Ramc:S;}1 K;.Jai.:=&',
Age: majr~.=r;{)cc: Busineas,
" " q 0 343, 'E3' Station road,
' Shahapixri, Kolhapur,
Matimnsua State.
The }BraI1ch Manager,
'The United India Iilsurance Co. Ltd.,
A "Shaka Shaka No. 1, Ganapati Krupa
First Floor 6 140/ A8 Shahayuri Gafli,
No.1, I{o1hapur-416 001,
(By Sri. R.V.Nadag:mda, Adv, for R523)
3
M"!§'_,A.1*1dV;89.i*i:f_.'. l.'2£'?j(3'? " %
. .APPELLANT
RESPONDENTS
MFA 8952;2oo’7
perznanmatly defoxmed. A medical practiticner who ha{i _:t::§$a.ted the
appellant has opined that there is ?’0% pe1:’manen_t« the
right ieg.
04. it was in the above backgioufid tfaativ a’ WE1é ”
preferred befere the Motor Accide n_L2;a Tfih:.1i:a1
has awaréed a compensation of 1 – ‘f?his appeal is
fiied seeking cahancemefit the several heads of
OS. The fifintsnds that having regaxti t0
the nature; of agg of the appe:l1an.t at the time of
accident, the a sum of Rs.2{),C*0(}/ ~ towards
Pam a1:1n siower side and that the samf: would
.. .. . . . . . .. ‘ \
It that a sum of Rs.15,000/~ awarded towards
Z ‘*f12tureA u;1hap§ii§c$s is not adequate and masonabie ner does a sum
‘R$.10,00Q}~ awarded taowards 1033 of alfilfiliitififi czampensate the
the 1033 he suffers throughout his life.
‘O:’:?.”” ‘I’he Tzibunal having awaltied Rs.1,5C30/~ towards Conveyance
attendant charges, Rs.3,0{){‘)/~» towards medical expenses and
é
MP5 8’§}52f’.200′}’
U’:
10. On these facts and circumstances and the :iva1″e{3’ii{e:ii;i.0ns, in
our opinion, the award of compensation at Rs.12{},–i};(“§(),?-~.
and euzfifefing is izladequate, given the.-nature aiid::thev..agej« of
the appellant as well as the period fieafmeixi hae J
to undergo. In our opinion, is e21§ifle€I:..;t6″‘zm’:additi6na1
compensation of Rs.30,{)O§)/ — ‘head. if
11. The award of ‘ey under “Future
Unhappiness” 3;; to Rs.25,D{)O/- is
inadequate. of the use of his right
leg to is burdened with a limp and
ciefoI’mityVL”‘. Iii is entitled ‘£0 an additionai
sum of I above heads tegether.
‘ V V’Eve1ii in Vibe absence of evidence sue}: as medical bills and c31:he1″
W V’e.s’f,ab1isi1 the claim tawards medical expenses,
2 ceI1Vejj;.ance~ other expenses incu;m=:d during the period of
.it’r:”:-‘&;1*.II1e:11.’tv.cV_)Af the appeiiant, the award 0f R3.14,500/~ (mnveyance =
-, medical expenses =”- Rs.3,000/-» fit. hospital expenses =~”
. «-) is grossly inadequate and the Tribunal has proceeded in
whoily unreasonable manner, whiie losing sight of the fact thai the
appeliani: was a minor anti the want of diligemre on the gaff of his
@.
MFA 8952/2007
guardian or his Counsel in establishing this head of not
to have deferred the Tribufia} in awantiing a reaso;:i,_o.b1§:oVVaifiiou–:i: _
oompcflsatioztx going by the sustai11eé«_o”f I1g£”.o1i=éj_ AV
opixxicm, an additional amount of Réi;-3S,Q;CIOf~» _t_oW’aIdo’zjiiaodical
expenses and other charges is juéi res{so1;ab1o’v¢oiz§;;’fiéfioatioI§.V to
which the appellant is held
13. In so far as the Aolaim ‘earming capacity is
concerned — the of the right lower
iimb is not in V. of the same follows as
matter of uujs. A 309:3 that poses 21 problem in
awarding a ‘ coiiifiofinsation. Themfore, to err on the
side of p:fL:gienoé;~”n:i11com€ taken at Rs.4,00G/- and the
at a 11om:£;1a.1 1894:, to the whole: body,
t§:1 e–, “be entifled to a sum exceeding Rs. 1 laid}, the
same »}::owe’}ci;:i9:’j_:’r§SU”icted to Rs.1 iakh and is held entifled to the
~..f1″‘r;:=…:’ap;aeHant is therefore: held entitled to a total additional
of Rs.1,9(),OG0/ ~, in addition to the amount awaxtled,
‘wifi: interost at 6% on the additional compensation from the date of
S “award. Out of fhis amount, 50°/E» shall be kopt in fixeci deposit in a
/é
MFA 8952/2007
nationaiizeé. bank, tiii the appellant attains be
exxtitied to Withdraw the same immeiiiately thereafiéf.
accoxflingly allowed in part.
KK