IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS mm sow DAY 01:' AUGUST, 2(§1o BEFORE M 4' " THE I-ION'BLE MR. JUSTICE B.sREENN;asEf§:ewna Misceilaneous First Apnea! Bio. bf' Between A O O A . Siddaiah S/0 Kempasiddaiah _ Aged about 52 Years' Hanakere Village _ : Kasaba Hobli _ ' Mandya Tq, , 1 Mandya Dist} " ...ApPe1Iant [By Sitj. K L O And 1 4 1 .. . , .. 1. _; Sa1dana":?,q' e ..... .. V -# 3.'Z~'£,"G_#h Cross, 1*" Phase ~ _ aw-stage, 'Gokula a.Ve«B"a;:-.gfa:o:e'~ 560 054. V O 2. T1'ie.Uf3;ited India Insurance Co. Ltd., M, Road " =»,_Mar1dya «» 571 401. =. _jBy Branch Manager Respondents
(By Sri. D. Vijay Kumar, Adv. for R2,
Notice to R. 1 is Dispensed with)
This MFA is filed U/S 173(1) of MV Act the
judgment and award dated: 06/ 09/2008 pa.sse»d.”in;~
No.245/2006 on the file of Pr}. Civil Judge__{S.D]”&”-MACT,
Mandya, partly allowing the clairri ”’..upet_i;tio11 ” for’»_
compensation and seeking enha;nce,:nent’ of “con’tper:3s.ation’.» _
This appeal coming on for-AAd_rI1″i’Ssionf;’ ‘
Court, delivered the following’:
JUDGg§Nrd»k'”
This appeal is. by enhancement of
compensation awarded the’ z__
2. Heard; ».i.is..-‘admitted and with the consent
of leamedt apnearing for the parties, it is taken up
– foxfiriaii.disposal)” “””
– the of convenience parties are referred to as
they arefivtredferred to in the claim petition before the
mbanai.
Brief facts of the case are:
GE”
That on 12-8-06, when the claimant was riding his
bullock cart on Mysore-Bangalore road;.D?.._near
Basaveshwara temple, situated at Somanahalli’ the
driver of a car bearing registrations l”QV
in a rash and negligent rnannelrt and ~{lashed_”again–st’him it
and his bullock cart. As a’r:es.t’1lt,–‘Athe
injuries and his bullock Hence, he
filed a claim petition””before_the _Mandya, seeking
compensatioylppiioflf Tribunal by
impugned la_@}d has awarded
eompf:’ns’a’ti:on. 7fyR~3:’.:’\’i\rith interest at 6% pa.
of compensation awarded by
the Vthel”v.elairnant is in appeal seeking
‘ ‘ . er1han’::”em”e.nt of coinpensation.
A_’s–,_’there”_jis no dispute regarding injuries sustained
and his bullock in a motor road accident
and a liability of the Insurance Company, the only point
i’ -.,that.5rernains for my consideration in the appeal is:
$5.
Vlfhether the quantum of compensation
awarded by the Tribunal is just and
proper or does it call for enhancement?
6. After hearing the learned Counsel for the parties and
perusing the award of the Tribunal, I am of the
the compensation awarded by the Tribunal
proper, it is on the lower side agcidlltherefore d’es’erved’ T A’
to be enhanced.
7. The claimant has sustained the fo1ioyyi~ng~–.iirijuries: ‘V l
1) A contusioriinjxury yoverlvclefthip 4fiinch~X: 4 inch
1 inch x 1 inch over right
3}.A liiiresh Wound 1 inch x 1 inch over left
.. ….. ..
Injiirieis-..l«:sustained by him are evident from the
\yoi1nd.__”cert:iilcate — Ex.P.4, discharge summary — Ex.P.5
siigiported by his oral evidence examined as P.W.1.
has not examined the doctor regarding disability. He
%
was treated as inpatient for 6 days in District General
Hospital, Mandya.
8. Considering the nature of injuries,
awarded towards pain and suffering,
9. Claimant has not
Considering duration of treatfneiiti a /– is
awarded by the incidental
expenses. C C it A
10. must have been
under’ rest at least for a period of two
months.”a:u of Rs.6,000/– is awarded
toxrzards iossilofinveorne during laid up period.
TI:’he’«.,:oia:imant having not examined the doctor
. ‘re.gardin§”Ljdistahility is not entitled for Compensation under
I the head Ioss of amenities and future loss of income.
%
12. His cart was made out of wood and tyre.____ it was
damaged. P.W.2 who got the cart repaired in
his evidence that it was completely
has spent a sum of Rs. 10,100/-v~..: “As. T
the claimant towards bullock
document and also evidence_Vp:lof_p§ the repa,irer.l”~-lvis.”16,000/Q
is awarded as against — award’ed by the
Tribunal.
13. Thus llfor the following
compensa.t’i’on.:_ .. » l
*1) _ pagnamap sufferings Rs. 10,000/–
2}. . MediCa1.a11.dl”ineidenta1
expenses = V Rs. 5,000/«
V _ 3) “‘Loss._of incohie during
.. treatrnent period Rs. 6,000 / —
V’ .Towards’da1nages caused
bullock cart Rs. 10,000/–
Total Rs. 31,000[-
14.’ fleeordingly the appeal is allowed in part and the
jiidgrnent and award of the Tribunal is modified to the
extent stated herein above. The claimant is entitled for a
total compensation of Rs.31,000/– as against
Rs.16,000/– awarded by the Tribunal with interestnt 6%
13.21. on the enhanced compensation of Rs. -Ifijozn
the date of ciairn petition till the date of t’ea1is:atjo1j_._ AV ht
15. The Insurance Company its cm-e;:téd
enhanced compensation with intevrest”w.it}’iin two
months from the dateof reccei-}ot’voft”aL’co1§y’ofHth.is judgment
and the same is orduei-e_d’ in favour of the
claimant.
131311’/A’. — [C