]_ M.F.A.8774/D8(MV]
EN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF SEPTEMBER 2009
BEFORE
THE HON'BLE MR. JUSTICE N. ANANDA
MISCELLANEOUS FIRST APPEAL NQ8774 /2008 am!)
BETWEEN:
SUBHASH S/O ANDANAN.
AGED 29 YEARS, R/O NR1 COLON-Y,
PADAVINANGADY, MANGALORE.
.._.APPELLANT
(By sn. PUNDIKAI ISHWARA BHAT ADVOCATE)
AND
'1. K. S. JOSE S/O K. P. SUNNY,
TI-IITTEMAJULA HOUSE.
KOKKADA VILLAGE AND POST,
BELTHANGADY.
2. THE ORIENTAL INS. CO. L'I'B.,
BRANCH OFFICE, KRISHNA PRASAI1
BUILDING, MAIN ROAD, PUTTUR,
REP BY ITS MANAGER.
3. K. S. JOHN S/O K. C. SUNNY,
MAJOR, R/O TIPPEMAJALU HOUSE
KOKKADA VILLAGE AND POST.
BELTHANGADY TALUK, D.K.
RESPONENTS
{ByS1'i. K. SURESH ADVOCATE FOR R2}
2 M.F.A.8774/08(M'V}
THIS IS AN APPEAL FILED U/S. 173(1) OF M.V. ACT
AGAINST THE JUDGMENT & AWARD DATED 7/5/2008
PASSED IN MVC NOJ262/O3 ON THE FILE OF THE IST
ADDLCIVIL JUDGE (SD) & CJM AND MEMBER, MACT,
MANGALORE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION 8: SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is a claimanfs appeal for enhancement of
compensation.
2. I have heard Sri P. E. Bhat, learned counsei for
claimant and Sri K. Suresh, learned counsei for the
insurance company.
3. As per medical records and medical evidence,
claimant had suffered foliowing injuries:–
(1) Cut injury over right eye brow;
(ii) Cutinjuryin scaip;
(iii) Haernatorna wound over right eye;
(iv) Nasal bleeding; E J
;_ ” 5
4 M.F.A.8774/OBIMV)
suffering:
(ii) Towards Medical expenses Rs.35,000/–
(Rs.27,89l/–] and other
incidental charges like
conveyance, special diet,
attendant charges,
nourishment, etc.
Loss of income during the Rs.6,000/–
treatment
(iii)
Compensation towards Rs.20,000/ —
loss of amenities
(iv)
Loss of income $25.36, 720/-
(V)
TOTAL: Rs. 1,137,720/–
7. On hearing learned counsel for parties and after
going through records, I am of the considered opinion that
compensation awarded by the Tribunal towards loss of
earnings during laid up period is inadequate, so also,
compensation awarded under the head ‘loss of future
income’. The tribunal should have made some provision for
future medical expenses. Therefore, I award a sum of
Rs.12,000/– towards loss of eaming during laid up period
and a Sum of {Rs.3,000/– X 12 X 17 X 0.08 } 3 )s.48,960/–
.- ,1 _
:,i at .,.,l.
!
5 M.F.A.8774/08(MV]
towards loss of future income. A sum of Rs.15.000/- is
awarded towards future medical expenditure. Thus, claimant
is entitled for a total compensation of Rs. 1,70,960/ —
8. In the result, I pass the fo1lowing:–
(i)
(ii)
(iii)
RKK/–
0 R D E R
The appeal is accepted in part.
The impugned award is modiļ¬ed.
Compensation of Rs.1,3’7,720/~
awarded by the tribunai is enhanced
to Rs.1,70.960/– with interest at the
rate of 6% pa. from the date of
petition till the date of realisation.
The payment and investment shatl be
in the ratio evolved in the impugned
award.
Parties are directed to bear their
costs.
Sd/-
JUDGE