High Court Karnataka High Court

Shri M Suresh S/O Marigowda vs The Manager Reliance General … on 27 September, 2010

Karnataka High Court
Shri M Suresh S/O Marigowda vs The Manager Reliance General … on 27 September, 2010
Author: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 27TH DAY OF SEPTEMBEILZO 10

THE HON' BLE MR. JUSTICE B.sREENrv§§sE 

Miscellaneous First Appeal   B

BEFORE.'

Between

Shri. M Suresh,

S/O Marigowda,

Aged about 39 Years,

No.5, 15* F1001',   .
Beiur Iyengar Bakeryf  B'  ;
Chanchaghatta R0at:i,...,"  '
Konanakunt-e,'  'A B

Baflgaloff?        



... Appellant

"(By 's..BI;:a'N  C'0n1}£)any, Advs.]

1 ' .

 " Re1iar'1c.eVGenerai Insurance Co. Ltd.,
  ._5l"r3 F1001"; 'Ce:1terma1'y Building,
'Ne.,2}8_, M. G. Road,

 B. ""vBéLn'gal'e.re -- O1

v'__-.'am__uBha,

"~--W/'O. B P Siddeshwara

" _ No.34, Police Road,

Ranasinghpet,

Bangalore.
 Respondents

(By Sri. H S Lingaraj, Adv. for R1,
Notice to R2 is dispensed With)

I\.)

This MFA is filed U/S 173(1) of MV Act, against
the judgement and award dated 08.04.2008 passed in
MVC No.1251/2007′ on the file of XVIII Additional
Judge, Court of Small Causes, Member, MACT4,
Bangalore, SCCI~l–4, partly allowing the clai–rri-petition
for compensation and seeking enhar1’ee.rnent;_. of
compensation. =

This MFA coming on for””h-earing,_,:.this_

Court, delivered the i’ollow1ng:I_: gt}
Jnnqmngg
This appeal s is seeking
enhancement of by the

Tribunal.

2. For thesake of”eonVe,riience parties are referred to

as theylVareVl.51jefenfed- the lolaim petition.

3. facts _ of .the.ll-ease are:

3..lAfi’h’at lo’n«…._0.8′.02.2007 when the claimant was

dr.i\{ing* sumo car bearing registration No.

‘C AKEi¥05¥.liil:§'”)!9418 on Bangalore – Kanakapura road, near

Somfgdiahally KPTCL from Harohally side towards

A .’lE3angalore a lorry bearing registration No.C’I’X–803O

came in a rash and negligent manner and dashed

against the car, as a result the car was fully damaged

and the claimant sustained grievous injuries. Hence,
he filed a claim petition before MACT, Bangalore

seeking compensation of Rs.3.G0,000/–

Tribunal has awarded compensation -7

with interest at 6% pa

4. As there is no dispute i=.3garrding”oC(:urren(:eV”of

accident, negligence and liability of. the of the
offending vehicle the only’ that”‘re’rr1ains for
consideration is:

§Whepi:her’:_the Compensation awarded by
the .Tribujn_al is just aI}–d.jreasponab1e or does it
call for “enh’at1cer(1ent?’i–

5. _After’ hearing.v’th.e””1earned Counsel appearing for
the parties and -per_nsi.rig the judgment and award of the

I the view that the compensation

V the Tribunal is not just and reasonable, it

it ‘islvlon _the?.g_1ower side and therefore it is deserved to be

enhaneed.

A’ per wound certificate Ex P <1 the claimant has

siistained the following injuries:

i} Surgical sutured wound over the right side
upper lip; ._

ii) Loosening (displacement) of rightlrliiigyper
incisor teeth and blunt

forehead;

iii} Nose and maxillary area_Witjh coiitjusiorir, V

injuries sustained and treatment talten

evident from OPD card anldalsupported’ by”‘.=or”2.::llllevidencel

of the claimant 1_ll’1~re has not
examined the doctor

7. Considering the injuries sustained by

the clailnaiifaikfarded by the Tribunal

towards on the lower side and it is
deserved’-.._to.be._enlj1anéed by Rs.10,000/– and I award

/a Aund_ersthis head.

-v..VfI’he«nclaimant has produced medical bills for

‘nsl§2,soog_ét’a1=ldand the Tribunal has rightly awarded

— towards medical and incidental expenses

” _ and there is no scope for enhancement under this head.

3:

9. The claimant claims that he was earning
Rs.25,000/- by working as Engineer and con_tra<:tor,

but no document is produced in this

Considering the nature of injuries V."

treatment 1 award Rs.10,000/{towards [of'infcoi.-:iex ' j

during laid up period as against__Rs_i6:,7dC{'§

the Tribunal.

10. Considering loosening
{displacement} of right teeth and blunt
injury awarded by the
Tribunal’ and discomfort is on
Rs.10,000/- under this

head. bl

..__has examined the doctor regarding

_ «fiigabiiity.ithierefore he is not entitled for compensation

towards, «loss of future income.

Considering the nature of injuries particularly

loosening (displacement) of right upper incisor teeth it

($36

is just and proper to award Rs. 10,000/– towards future
medical expenses and it is awarded.

13. The Tribunal has rightly rejected gof

Rs.75,708/– towards damages for damageeausedtitto

Vehicle on the ground that hemdgot if’

Rs.61,129/– from the Ins:urane4e__C;’ornpan;yj.Atowiard.s~~hills’

and final settiement of “damage
caused to his vehicle _.and’ -:t4h_e1*~ep is ‘Vnodseope for
enhancement under

14. Thus. Ifor the foilowing

comvpensationz
:3″ i p Pain and”‘s_t1’fferings Rs.25.000/–

ii] V”Iedi–cai._&’*~incidenta}
s expenses Rs. 5,000/-

‘ Loss of amenities Rs.10,000/–
‘»__iV) Loss of income during
up period Rs. 10.000/~

‘,v.]–‘_” ‘Future medical expenses Rs.10,0OO/–
” Total Rs.60.000/–

VA accordingly the appeal is allowed part. The

judgment and award of the Tribunal is modified to the

extent stated hereinabove. The ciainiant is entitled for

&%

a totai compensation of Rs.60,000/– as against
Rs.3£,760/~ awarded by the Tribunal with interest at

6% p.a. on the enhanced compensation of /-

from the date of claim petition till ”

reaiisation.

16. The Insurance Company i4s..Adi1-ected»’.t.Q

enhanced compensation 28,240/”>e–.t0ge:ther with

interest within two’ df teceipt of a
copy of this judgmeintia.nd’V._Vthe ordered to be

released in ?_fav}i1u’r of the “e1aifn.ant’; ‘-

N0 Older as t0.4e0st. —

Sd/-

fudge