IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 2"') DAY OF MARCH. 2010
BEFORE?
THE I-IONBLE MR. JUSTICE ARAVIND _
M. F. A. NO.1-4072 032007
BETWEEN :
Sri. Suresh P.
8/0. Papanna,
Aged about 26 years.
Residing at MediIr:a'}~1asa§1dra;- :4
Village and Post, ..
Anugancianahalli Hobli ,
Kadugodi, Banga1cre--'67. H
(B3:/_Sr--i.' .f'm"S'ri. K1'. Gurudeva Prasad,
Adv.) ' H'
AND;-..
" Nati_0na1_ insurance Co. Ltd..
Near"C}anVa~ra Bank,
" . Mara.tI'i11a'i'£i, Banga10re--3'7
'By as E).-fvisional Manager.
. V. L Mariyappa.
Hi}/0, Sri. N.R.V. Reddy.
V Major,
Nariga Kugur Post,
Sarjapura (Via),
Aneka1Ta1uk.
Appellant '
3. The facts in nut shell are as follows :
At about 7.00 p.rn on 30.03.2005 the claimant was
proceeding a pillion rider on a scooter bearing 1"egis{ration
No.KAm--05/R~ 133 and when the said scooter rea3o}'1e.d_~
Mallasandra Sarkar Guttahalli. Hoskate Ta}ui{'j:d.fiv:er«.of
Tempo bearing No.KAw05/AW5233 "
scooter. on account of which the e1a,irnants»i's'A.sasid to have
head injury and was shifted:""~.fQ _V(3oV.e'1'n0n1.enif§ Hospitai,
Hoskote and after giving"-f7:i'St aid%.j_,t:feat;nAe11.t. he was shifted to
NEMHANS Hospital Ba..z'1'galore." aeeount of injuries
sustained claimant filed a claim
petition xNo.44V4f5/ a total compensation of
ass lakhs.
servie'e'vef-«tiotiiee upon the respondent appeared
and filed its writtten statement and
denied the.pei1;1{£c)n averments.
5.” the basis of the pleadings thee tribunal
V’f”(>;”n1u0[3t.ed the following issues :
as/’
.–=.,_,’§”he’-1re5.Ai3’t>1identV’Hdid’not lead any oral evidence but got
Poiicy of the offending vehicle as E3x.R.1.
T.”~’~___V’tribuné1i.V__d* awarded a total aitompensation of Rs. 95.000/W
it jv.””t’oge.th5er with interest: at 6% per annum from the date of
petitiora till the date of payment. It is this judgment and
[1] Whether the petitioner proves that on
at about 7.00 p.m._ on Sarkar :”C’~g1t.e.
near Government Hospital.
Road Traffic Acciden_t.,..,.t.book
actionable negligenceipf theiduriye.1f’ J
bearing 1-eg1strat»1o_n bjf«.”wh’1eih
the Petitioner sust.3i.fi€,d iI{jU’Fi€§.
(ii) Vifhether the petitionfeyr proves”‘th_at_.i3etitioner is
entitled for—-..cb111p_en;seiti01L1v.t€92if so. what. amount
and from ‘i it ii
(iii) \Afh;a’t«..ot*der§:or V
6.~”£’i’h’e. “examined as PW1 and aiso
examined Dr.VS.ha«fan”‘Sri11,i£5asa11. Consultant Neurosurgeon,
Abhaya Hospital,_B2ingé(i~oV1’e and got marked EXP} to P14.
On the the pleadings and evidence on record the
ex
award which is assailed by the claimant in this appeal by
seeking enhanttenient under all heads.
7′. I have heard Sri Pradan iearned..c-ounsel.:appea1′-ing—_
on behalf of Sri K.T.Gurudeva:=__lithe”, –:
appellant and Sri A.RaVisha_n}«;ar. learned mappeharirig
for R1. This Court. by order has dispensed
with issue of notice to _ it .
8. Sri. for the appellant
would ‘into error in not considering
the it while assessing the
compensation’ claimant and this evidence has
been gviprtuailyi “discardled by the tribunal since no
‘”coni.pens’atior1A_ towards loss of future income has been
the.-ttriburial in spite of there being categorical
_ opiriion doctor that on account of injury sustained
Vlptherpe is ‘~1..4% neurological. disability to the claimant. Hence,
_’ -_h’eV’prays for compensation under the head loss of future
l C;’Fi’_Sc:ai1VVlll[E§<.P14) a Compensation of Rs.25.000/–
pain and suffering is also extremely on
further compensation of Rs.50,000/- and accordingly the
of Rs.50.000/W is awarded under the said heading.
consideration that claimant would have ea1’r1edV.w_ould be
Rs. 100/– per day. The monthly income will
The disability to the Clairnant is at 14%
of to 15%, Loss of income monthly’ would”
appropriate multiplier it reqL1ires.__
salary considering the shlalllllélé/ti and
accordingly the samahis llleornpjensation is
determined. The under the
heading, loss§~voi”:~tu”ture_A Rs.97,200/~. (15%
of Rs.3.0oc’ 2j:j’Xpilp.ii’s; $997,200/– .
of the claimant as well
as him and also on perusal of
the ease shleei;:v[Ex.v;’P1.l’l_]613D records (Ex.Pl2] Clinical notes
the “~«<.loW_er' side and is required to be enhanced by awarding
ax
.V:sl</Sbb/-
Compensatiori towards loss of arr1e11it,ies Rs.._i_$0.000/~
awarded by the tribunal is retained. V l
16. Hence the following order is passed’_;’:._
ORDl<'.v._1_=',A»w..," it
{i) The appeal is allowed
(ii) The additional in this
appeai in Rsii.1»€§17l.’2roo,1§§ as stated
herein above’ jiiterest. at 6% pa
from — date “pa3a11ent..
{iii} 50% of the amount shall
llll H lllljleposit: in any Nationalised
of 5 years and the appellant
to draw periodical interest and
the 50% with proportionate interest shall
in favour of the appellant.
[ix-Fl’ ‘ order as to costs.
sag:/N
§E_EE§;«: