IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 29TH DAY OF NOVEMBER 2019'
PRESENT
THE HONBLE MRJUSTICE N.K.pATI:} *'
AND
THE HONBLE MR. JUsTICE'I:I;I.:3_;IAI\IN4x
MFA NO8043 '='3_}3'~..20O'5"{I'\V/'I'~'fl
BETWEEN: A A E
KUMARI AMBIKA _ ._
D /0 A.H.MARULASIDDAPPA;.
AGED ABOUT 29 Y7EARS.,~ _ ' -- I
R/0 ANALAKoR.PAIIEXTENs1o_N, " =
NEAR AGADIMU'I'E;"'SAGAR1TOWN.=. V '
SHIMOGA DI:S'i'I?1I--C"I';"3'..__ " ' ...APPELLANT
[BY
A A ,9 _____ .. e
S/0_SOMA$HEI:ARA GOWDA,
VILLAGE.
SORABA TALLIK. SHIMOGA DISTRICT,
A A _ [OWNER ANHDRIVER OF TEMPO
_ BEARING REGISTRATION
No.KA--I5~M--616)
' NATIONAL INSURANCE
__'"COMPANY LIMITED,
"SHIMOGA CITY, SHIMOGA.
"=.RI«:R.BY ITS BRANCH AGER. ...RESPONDENTS
2′: -s—–/'””‘>”w,_fiJ’y
5″
{BY SRI.M.RAM BHAT ADVOCATE FOR R1,
SR1 VISHWANATH S SHETTAR, ADVOCATE FOR R2} 10
THIS APPEAL IS FILED UNDER SECTION.§’173′{I}–.._QE___ _
MV ACT AGAINST THE JUDGMENT AND AWAR{) DATED»: .
27.05.2005 PASSED IN MVC NO.99/98 ON_–‘THEf~.FlLE<–QI-'__
THE CIVIL JUDGE [SR.DN.} & MEMBER. AMAC.T,"fl'3AGAR,
PARTLY ALLOWING THE CLAIi\ri,.- zPE?T1T1.ON
COMPENSATION AND SEEKING "«VEN,HANCEMENT "
COMPENSATION. ..
THIS APPEAL COMING OPll4l’Ft3i2_VHEARING’:TIEHS DAY.
N.K.PATIL J., DELIVERED.fI’HEpFOLlGOW'[NG:– L
‘ .,_ _ fJUD_GMEN’:!_’_’ » ” ‘ ~ ‘ _
This appeal by Out of the
impugned judand passed
in file Of the Civil Judge
[Sr.Dn.) & Sagar. The tribunal has
..award=edi_..l{S.,_84,O0Ov,/~..with interest @ 6% PA. from the
lvkdatel of till realisation as against the Claim of the
appellant_ it-}{S.4,80,000/~ for the injuries sustained
the traffic accident. The quantum Of award
heingéinadequate, the appellant presented this appeal.
2. The brief facts of the case are that the appellant
claims to be a tailor by profession and was halefand
healthy prior to the accident. She
2.10.1997 at about 6.30 pm when she
relatives and friends was going
tempo trax bearing Regnt_,No.KA§’i
Shadambi Cross on NI-I4 auxrash’ negligent
manner dashed agairist _tl1e in which the
claimant was traVelling’.”‘»-:As”lrof which she
sustained fracturiefi–njury_, one; surgery and undergone
treatmentmforrvaviperiiod_:of.:lrnorelthan 45 days. It is the
Case of the has spent considerable
amount tgowalrcls rnedicallexpenses, nourishing food and
atten’darit’ charges. On account of the injuries
a claim petition under Section 166
_of .Act..’1’he tribunal after assessing oral and
“.docL1_men’tary evidence on record allowed the same in
l.l_gj_.plart’and awarded Rs.84,000/- with interest @ 6% RA.
1 under different heads for the injuries sustained in the
/;
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.5′ M”
,_”,..w..,m»
road traffic accident. Being dissatisfied with the
quantum of compensation, the appellant has pre,sented
this appeal seeking enhancement of compensa.tion’.».’_’V:- -I~
3. We have heard the
for the appellant and learn.ed…Vcourisel. for 2 L’
respondents.
4. The that occurrence of
the accidentllthe.re’s’u1tant._ treatment undergone
for rnofe alsolya surgery. The doctor
has assessed at 35% to 40% in respect of
Parti§’~”L1~1’1_r and’w.18 to 25% towards the whole
the facts and circumstances of
Athe~l’cas’eV’Tw,e reassess the whole body disability at 14%
to rf;.eet.._’th’e’:””ends of Justice. Further, she might have
lspenét Vtsufficient considerable amount towards
— nourishing food, conveyance and attendant charges and
“she should have also taken follow up treatment as per
xi
W___,i._,,…”_.w-»-1
the advise of the doctor. Due to the disability suffered
by the Claimant, she may not be able to Continuejhoer
profession as tailor as she was doing
accident. The multiplier that can be app_l.ie.d_:’is 0
the disability is fixed at 14% of the
note of the nature of injuries__ suffe.1_”e”c§ aifidl’
agony, discomforts and the disability shefihas to
bare throughout her lifezfshe compensation
under different heads as”u»n dert’ it
{1} pain and..s§’t1uffctfll18’v 1].” V WRs. 30,000
(2) Medicaliexpenses . Rs. 4,000
(3) Cor:yveyaneTe.i& P;ttend~a_nt’s charges Rs. 5,000
(4) Loss’-‘of-amenities ~ ‘ 7 Rs. 25,000
[5] Loss of futur’eV_ineorne___””« Rs. 72,576
(2400×1 2x 1s_x14/ 1.00} ‘
(6) Loss of ineorne ‘during treatment Rs. 7,200
5’. is entitled to Rs.1/13,776/– as
0 _against i._Rs,n84,000/– awarded by the tribunal. The
:e’n.ha_nce’d” compensation comes to Rs.59,776/– with
9%
,5 WWW» »»»»»»»» “7
interest @ 6% P.A. from the date of the petition till
realisation.
6. For the foregoing reasons, the appealis ”
in part. The impugned
27.05.2005 passed in MVC 5.lO4;..99/98,_l53fith:3v:’;T1jil11lna;l is f
hereby modified and the enhanced compensation comes
to Rs.59,776/– with tttttetesti-_@ “Pgvi’\;”fr0m the date of
the petition till realisation’;– If V
Th’e”~l.i.’2J1d lngresponderit/insurance company is
directedtol’ deposi-t7thefenhanced amount within a
period’ of?) \uyeel{s’i’r0m. date of receipt of the copy of
of the enhanced amount of
of the amount with accrued interest
shall be:”i1iv;ested in fixed deposit in any nationalised
fora period of 5 years renewable for another 5
–‘ The remaining 50% with accrued interest shall
” released in favotfi the appellant immediately.
/’ ,,,,,,,,,, «M
;/ ,.,__._..
Office to draw the award accordingly.
“2
brn