IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14TH DAY or SEPTEMBER,-'2_>O10
BEFORE "
TI-IE I-ION'BLE MR. JUSTICE B.SREEN1'\?ASF.:
Miscellaneous First A_ppe-al K6'; '104(i7 A
Between A A A A it
A. Shankarappa,
S/0. Late Akkalappa,
Aged about 43 Years; " :4
Bellary Road, Pavagada Tom; 1 "
Tumkur District.
{By Sri. ifs A
1. AK. Sri 5:'-fh-ails, is A
J ayapadma Mote; 'Service,
JCI'\..E';>i'tensi0n,"
Chitrétdurga". A'
'A " A2:-.s, Uiaited Indiéiiiihisurance Co. Ltd,
A s.D.jeR¢ad,
Respondents
D [By R Shashidhara, Adv. for R. 1,
_ “»_ASri. S. Srishaila, Adv. for R2)
This MFA is filed U/ S 178(1) of MV Act against the
-»v-‘jludgrnent and award dated: 4.3.2008 passed in MVC
No. 76/2002 on the file of the Civil Judge [Sr.Dr1) and
JMFC and Add]. MACT, Madhugiri, partiy allowing the
$5/.
claim petition for compensation and seeking
enhancement of compensation.
This appeal coming on for Hearing, this the
Court, delivered the following: ‘v.
T his appeal is by the c1ain1_ant_ nfor env1Ar.iaz1cerr11’ent”ofp
compensation awarded it
2. Heard.
3. For thesake of com?enier1–ceV,parties are referred to
as they petition before the
4. df-acts_ofthe.._”ease are:
sflfiiat on”’13:.12–0i, when the claimant was riding
‘ _H.ero_”H:onda bearing registration No.KA–06–I-E-7681
the left side of the road in front of Raghu
Petroi”;.BVunk, Pavagada, a Jayapadma bus bearing
A .Vre’gistration No. KA–16-B»«5445 came in a rash and
‘negligent manner and dashed against his Hero Honda.
As a result, the claimant fell down and sustained
$6
injuries. Hence, he filed a claim petition before the
MACT, Madhugiri, seeking compensation of
Rs.5,00,000/–. The Tribunal by impugned};-étgriient
and award has awarded compensation of
with interest at 6% pa Aggrierefi l T, A’
compensation awarded by the l’i’.ri’b.unai c1ai1?nant’i:s
in ‘appeal seeking enhanceznent oi
5. As there is of
accident, negligenceV:_aVnd insurer of the
offending t{‘e4iii;£::le. remains for my
consideration l the V
. quantum of
cornpensati’on»- awarded by the Tribunal is
V. _ just” proper or does it call for
enhancement?
V _ the learned Counsel for the parties
the award of the Tribunal, I am of the
view”,Vt;hat the compensation awarded by the Tribunal is
just and proper, it is on the lower side and therefore
it is deserved to be enhanced.
$5′
7. The claimant has sustained fracture of left
humerus and fracture of 6*” to 9%” ribs and loss of-.upper
and lower teeth.
Injuries sustained by are
wound certificate —- Ex.P.1O,V.Adi:’scharge”
Ex.P.12, case sheet —- ext-rays’ and?’
supported by oral eyidence_.:of.the,_claimant doctor
examined as As Per wound
certificate –v 11 and 12 are
andfliinjuries 4 to 8 and
10 are a’s;.sin’1pi’e in nature.
A(31Vai’rriai*1t_” as inpatient at Siddartha
Hospitgal asv.itre11″‘as”‘Siddartha Dental College Hospital,
‘ vlflihissued by Siddartha Dental Coliege
replacement of missing upper front
teeth of claimant. Ex.P.12, the discharge summary
..issued~—- Siddartha Hospital shows that claimant was
it ‘gadniitted on 4–2~O2 and discharged on 20-2-02.
‘V »-iflinother discharge card shows that he was admitted on
13-12-01 and discharged on 19-1-02. Admission
$/
record — Ex.F.13 shows that he has taken treatment for
30 days from 13-12-01 till 12–1~O2.
P.W.2, the doctor in his evidence has stated that
he found the following disabilities on the
Left elbow 2 Flexion limited from 45 to 90
left olecranon. Rotations of-~left~fo’i’eami isl
completely absent; WS’L’I’€1″lg’t1’1_: left elbovirg
reduced to 3/ 5 arid left Aha}:-,d to”2/”filo;-rr.___ :3
Partial claw hand left.
Malunion of 6,7,8,9 ribs lefts’i–de. . _ s _
Thoracic 11 vetebral ter1def1?:esS_ Without neurological
deficits. *
Absence of two central’ incissjor
Healed abrassions over. both’ ‘hand,’ “both’_. knee.
right ankle, nose, forehead a10fd,_upper”l’1p.
Change in§~c’osrrietiC__ appear’ar1cie~V.QfVfi*ace due to loss of
tooth. ‘ = ‘ = ”
On clinical’ and verifying the x–rays, he
found that thepercfientage of disabilities as follows:
to theleft elbow.
r j_’n)__ .,V4i«O°/o_t0__ left wrist joint.
‘ iii) in the left hand.
‘– iv}? 10% to the back.
V–},__ to the chest.
vi) a ” 10% to facial disfiguration.
H’Doctor has stated that there is disability of 38% to
46°/o to the whole body.
8. Considering the nature of injuries indicated in the
wound certificate and discharge summary and
supported by the evidence of the doctor, a sum of
Rs.50,000/– is awarded towards pain and
9. Claimant has produced medicai
Rs.23,704/– and the same is not Vthe’_:oti’3._e’r ‘ .
side. Therefore, Rs.23,750i/fr ”
medical expenses.
10. Claimant was, .treated— inpatientvv-forvfiabout 46
days on the first o¢¢asm.2–o: to i9–1–o2
andai 4–é}o~2_..Vt§i[2o{2r;Co2y at Siddartha I-isopital and
Siddartha_ Hospital. Considering the
sa.;;11e,._ a4.Vs=1zVr1’of.”‘ Rvs.20,000/– is awarded towards
..incid’ent.ai«._eXpenses such as conveyance, nourishment
A _ ‘and charges.
1″}. claims to be earning Rs.10.000/– per
ee months by doing LIC agency and agriculture. Ex.P.4 -~
letter issued by LIC discloses, he has got commission of
Rs.28,237/– for the year 2000-01. In addition to that,
%’
he has 2 1/2 acres of iand as evidenced from revenue
records produced at EX.P.2 and Ex.P.5. Considering
the same, his income can be assessed at Rs.4,000_/– per
month. Nature of injuries suggest, that he
been under rest and treatment for a :
months. Therefore, a sum
towards loss of income during . «. it
12. Considering the disalsiiity doctor
and an amount of ‘di.scomforti..’an:d’ilnhappiriess which
the claimant has to un~de1’go;for of his life, it is
just and properfto awagrdfa -of.__l§s.l25,000/– towards
loss of amenitiae-s_,Vtdisfiguration of face and loss of teeth
and it isiauwa.rded.*._ ”
13.’ it inconie-the: claimant is assessed at Rs.4,000/–
e __ He is aged about 37 years. Multiplier
his age group is ’15’. After sustaining
fractures stated above, it cannot be said that he could
it it cioritiriue to earn the same amount from LIC and
Adlgagriculture and there Will be reduction in his earning.
H That is taken as Rs.3,000/– per month. P.W.2 — doctor
£3
has stated, claimant has suffered disability of 38% to
40% to whole body. Considering the nature of injuries
indicated in the Wound certificate «» Ex.P.10, discharge
summary -~ Ex.P.l2 and evidence of
functional disability caused to the limb is
Therefore, future loss of _income
Rs.1,44,000/– (Rs/1,000/~ x 2o/1o_’_’o5x L2. ‘sis;
awarded.
14. Thus the claimant is:”~«en’ti.tled.’for: ms following
compensation:
..i.)- t V”~.Pain,and_suffering Rs. 50,000 /~
2) fi”5IyIedical–e§:pen.ses Rs. 23,750/~
7,3)” ‘ vlnciiientaiwefipeiises Rs. 20,000/–
‘é’._]_ 4′ _ Towards less« of income
° duringriaidjup period Rs. 12,000/-
‘ -V 5] Towards loss of amenities,
‘ Di’sflguration of face and loss of
, ” V’ V,_Teeth Rs. 25,000/–
_ ~.,6′;i fFI.1ture loss of income Rs. 1.44.000/–
Total Rs.2,74,750/-
A. 15. “Afccordirigly the appeal is allowed in part and the
“‘.f§}udgment and award of the Tribunal is modified to the
f if extent stated herein above. The claimant is entitled for
a total compensation. of Rs.2,74,750/- as against
$2’
Rs.1,25,000/- awarded by the Tribunal with interest at
6% p.a. on the enhanced compensation of
Rs.1,49,750/«~ from the date of ciaim petition til} the
$/
date of realisation.
16. The insurance Co. is directed
enhanced compensation amount wit1’1″”1n–te_res’t ‘withine .L
two months from the date ofzrec_je’ipt
judgment.
17. Out of the with
proportionate intereistiiis ordered”to..»be_invested in ED.
in anyiinatioiialized o’r~.;sched’_i’i1ed Bank in the name of
the of 9 years with a right to
withdraw dthedinterestdtpteriodicaily and the remaining
with proportionate interest is ordered to be
reieasedin hisiijfavour.
it order as to costs.
Sd/-ii
Judge
% …_Ingn*