-' v ..... .. «
IN THE HIGH COURT OF KARNATAKA AT' BANGAIAEJRE
DATED THIS THE Mm {JAY OF HQVELEEER,
BEFORE
Tm HOWELE 1~.m...IUs'r.t<:E
'
YIQBAL '
AG-E}:§ABOU'I'43YEA.R3.
s,-os.a.mn.nA:-zmsm
RIAT NQE-58 mar meek.
«rm cmss,cHAmRA1?;£"r, *
macmmnx-as T
mam: HU8:Im;t:R'r 01? am; causss, ammzn, mar,
AREA, mxmmas, (s<.:e:mo.2),
ALLOWING THE cum rsrmozst FOR
caxtpsnaanon Arm szzme Emmxcmrtrrr or
camsnaanan.
M.F'.A. N0.112S6/2903 ~
THE APPEAL COBEIIVFG 013' FOR FINAL HEARING
TI-IE DAY, THE CGIIRT DELIVERED TH FC)LL€)WmG:-
!
This appeal E by the claimant. for _
of campensaiion awarded by T: -
2. For the sale: of Qanvfiitaifizgié,
referred to as they are refarre§l"%to in i:h§:' 'V
befarc the '1'ri'bunal.v
3. Thu. 2
On claimazzt was
% KS1-'€'I'C bus bearing
from Bangalore to
B%ot§ i'91_' of his wifa, the driver of the
V, chzave at Bcvmr Police limits 2'IH-«1?
manner and sawed accident.
as claimaxlt sustained injurim. Hence, he
petition ha-fore MACT, Banaakam seeking
of Rs.5,0G,0{){)/-. The Tribunal
{Q3/..
awardcd him a commasaticsn of Rs.1,'3"?,1&€3;'-- with
interest ax '?% p.a..
4 As there 3 no dispute fiding
o-ccurrcrme of accident, negligence and lialzsilitjgr.
KSRTC, the anly paint that [I
consideraxian in the fix} is:
"whcthcr the cempéitsafioh ._
by the Tribunal is
dow it call for ' " V'
5 Amer 315% counsel
the judmcnt
and of thé I am of the View that the
comgxangafiimvv the 'I'rihuna1 is mt just and
the lewer am and hence it is
cad.
3 The claimant has sustained ptmctmwed
4' on the Icfl; 1%. X-ray shcws ccrmpoumi fractun:
tibia and fibula. The injurim sustained by the
claimant are evident from the wmmd ecrtificate Ex.P---
4, discharge: summary Ex.P»7, certificate issuciiby
Maliya I-Iosptial E-x.P-8, mm issued
Hospital EX.P*-'I2, X-trays Exs.P-18 ..
oral ev:dcn' at of the cmimam
doctor Whfl treatad the there
is disability of '? .595 its {iI1¢ " _
7. Conaide1iIv1g--Vt1w --. _ 'bf irijuries,
Rs.2e,ooo;g towards 'pain
and and it in desmvacd ta
be enhanced km.1o,ooo/- and I award
'§,,13,090I- awarded by the Triburlal
V. e::xpm1s&' is based an the medical
by the claimant and there is ma scope
4 under this head.
%*
9. The claimant was treated as inpatient cm
two different cc-casiem from 26.18.2002.----. tc
31.19.2902
in Maltya Hoapim, Bangakare R
that period he was operated for the K
for removal of implants. 3113.; T
traamlent, m.5,eoo;- me
towards ‘incidental ‘suuch
nouzishmnnt and cm lawm-
side and it is by aaether
Rs.1G,D09[.–.~. 3 under this
._ ‘€.=lt:s1n:1_ ‘ s to be werk1ng’ in Saudi
Arabia of 1500 R1’yal per month
currency. 311: he has not
aame by producing relevant
in the appeal, the claimant accept
pmapart along with an application far
4′ “ii of addifional document has not produced
‘ other dc-cuments. Therefore, tha income assamsed
by the Tribunal at %.3,0fl0/~ gun. is just and proper.
The nature sf injuries sumcst that he must have yucca
under mat and treanmmt fer a period of 4-
and therefazre a sum :31’ Rs.12.000[-
towards ‘less of inaamc . ‘
agam 2-.w9,0oo/~ awa;aedbyih¢Tri}§u::sri§ 7
1 1. Considering t11c”a’1Vi:a;:i%.§€1.’ivvf§’:)y the
doctor and an unhfippiness
the claimant life, it is just
and towards
‘I036 ‘W it as agams’ t
m1o,oeQ}- Tribunal.
“ii is aged about 38 yeam at the
LtiiaV:1§:~V and the raultiplicr appficable to his
His inccsme is assessed at Rs.3,0i.)0/-
the doctor W119 treated the claimant has
‘ max mm is disability cf 7.5% to: the limb. The
. disflty &PF1ea.2:s to be the: dmah’ ility stated to
%.
the whole body and it is considerad aa against 4%
asscmd by the ‘I’rib1n1a1.TI1arefoz~e, the: ‘£933 of
income’ vmrka cut ta 8.1.40, 6&0] -» (30% X
12 x 15} and it is awarded as ‘A
awarded by the Tribunal.
13. Thus, the cxaikjmay %jLjL~1t .§r1tit1 §4:{‘:~–;V’fdr”:the A %
following cempensa§’ex;:»
a.) Pain and sufi’e1’ings . =~.-VRs.30,0G0
b) AF-.%.1,13,0<}€)
c) R3.15,0G0
d) Lm offinoajmc 1;. V
” ~ Ra.12,(I!I{)O
c} ” – Rs.15,C!00
t) Lass uftzxture ~ $40,590
– Rs.2,25,5{}€}
nu»-..u.-up.–.—.–…-\..».p..«—nu.
– ‘V14; the appeal is allcrwed in part.
Ti:ie’__jV\1fié’*«VB §ii§-..;ggd awam was by the Tribunal in
_ the wtent. stated herein above. The
s is enfitisad for a total compexmatian af
Ef}§; 25,G!0{- as agaimt Rs.1,77,16OI- awarded by
‘ ” Trflauual with Exzterest at 6% 13.8.. on tha enhanced
compensaticm of Rs.48,340i- from the date of claim
petititm till the date at maliaation.
15. The KSRTC. is ditwwd to dc 1;)§>’i7£:ifi:.: j!i’ix3V
enhanced eompcmafwn amount
interest within me momma £216′ data
a. capy of this judment.
16. Out of the of V’
the amaunt with ‘ixgfgigst i# diifc1wed to
be mm’ ted in fixed 3 ;%;g::r claimant in
any Omcc
fer a ‘ ‘Rcmmmng’ amount with
pmportiofmq:e.v ordered to be relmed in
V. immediatcly after the dcpmit.
Sdfi
Ridge