.313
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 03RD DAY OF SEPTEMBER 2009
BEFORE "
THE I-ION'BLE MR. JUSTICE N.
IVHSCELLANEOUS FIRST APPEAL No.660é)é0~0$
BETWEEN j
SR1 SHJDAPPA S/0. BORAIAH,
AGED ABOUT 31 YEARS, " . =
R/AT N0.1O5, ITTAMADU MAINRQAD.
3RD CROSS, BANASHANKARI 3R? STAGE,
BANGALORE--560 085.' _ * " .0 'A
A ';.....APPELLANT
{By Sri. T. N. V1Sw_ANATHA*ADVGGATE.)*_ " "
AND
1. M,{'S. ORIENTA£,INSUR_ANC.E co. LTD.,
BYEVITS DIVISIQNAI, MANAGER.
LEO'S1~iOPPII_\¥G ;jC0M.P'LEx,
4TH FLQOR, RESIDENCY ROAD CROSS,
M.G.RoAD_,' BANGALORE-560 001.
A;\1J11\ViA:PPA'S/o. MUTHAPPA. N.,
. v. 0, AGED ABOUT 32 YEARS,
* 0 R,/AT 10, 18? MAIN,
._ "'.2ND"CRQSS;"KRISHNAYANA PALYA,
BEH_1N0':_ INDIRANAGAR.
"BANfGAL'C)RE--560 038.
~. RESPONDENTS
A V. NARAYANASWAMY ADVOCATE FOR R1)
THIS IS AN APPEAL FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 18.3.2008
PASSED EN MVC N094′?/2007 ON THE FILE OF’ THE-.__V1I
ADDL. JUDGE, COURT OF SMALL CAUSES, MEMBER,
M.A.C.T-3, METROPOLITIAN AREA,
{SCCH.NO.3), PARTLY ALLOWING THE CLAIM §V__PE’TVT’.F1QN._._V” .
FOR COMPENSATION AND SEEKING ENHANC’EME1*€T’ OF-
COMPENSATION.
THIS APPEAL COMING ON FOR ADM:1SiONFfHtSVD.AY’;:_A
THE COURT DELIVERED THE FOLIDWINVG:
The matter is listed fOr____¢éid:11iSSiOn..’ ~LOwei§’ Court
Records are received. V\?itfi ‘the c<jOnSe3ié ._1earnec1 Counsel
for parties, the matter is vta–.ker1=up- fO.1f_ éiiiivsgjfiosal.
{his appeal for enhancement
Of COmpenSVe1'tiOn';
_I_:’i1a_\«*e ine’ard__1earned Counsel for parties.
E ‘4, was aged. 30 years at the time Of
aeeident andf’j_}1e3′ was mason by Occupation and was earning
A13Sf’4″50’Qv/H_ per month’ 7/Q A(}O.,.{Q.? ,,
5. As per medical records and evidence of PW–1E’,’—.gDr.
S. Rajanna. claimant had suffered following iI1j1}.I’i§’.§3__”‘ ..
(1) Compound fracture “of right’ — i,
[ii] Fracture of right 3 M V
[iii) Laceration of scalp night
region; ‘ ‘ . ”
6. The claimantlvvas St’.”«Martllasflospital.
As per the evidence of suffering from = llll H V nght knee are ' " V by' 3-0%; right leg have lost * yvnguscle power;
Id} u'”Op.erated scar on anterior aspect
~ of right knee;
,,,,.o ‘ ~ . Q Limitations of right ankle
movements by 30%;
36% disability to right lower limb
and 18% to the whole body:
N
7. The tribunal has assessed permanent disability of
right lower limb at 36% and 18% with reference to ntllole
body. The Tribunal has awarded eompensat.ie.n_i’fgf’
Rs. 1,59,800/ — under following heads:–
{1} Pain, injuries and
suffering ‘
{ii} Loss of amenilties..andA’v- it . 9
happiness
{iii} Medica’1*expenses’ RsV.V23;AiOO/-
{iv} Loss of ‘_j.Rs.9,00O/W
{V} oiirutla 1n;¢::;;«eVV ‘ ” Rs.57,600/–
I to disabilit__y ‘ **** ”
{”w;1V if::;cidenta1~’:t:hg§rges”; Rs.5,000/-
‘ 7 TOTAL: Rs.1,59,800/~
8. {5’11.._heaIing’lthe ‘learned Counsel for parties and on
perusing ‘eviden’c’e..on record and considering the nature of
dis’abVility, of the opinion that Tribunal should have
asses_sed”‘f)’ern1anent disability vis–c’1~vis loss of earning
V . Capa%ci.tyv’–.Vat’vl’5%. Thus, claimant would be entitled for
we gd/~.».–£>~«»¢~–‘~£p~z.
Compensation of Rs.92,000/- under the head ‘loss of ee:zming
capacity and future loss of earmlng’.
9. The claimant has to undergo one more;”opera.tior;..
therefore, I award Rs.15,000/– towards _f1._1t1u1_:re_ V ” b
expenditure.
10. Thus, claimant is e1¢rLit__led to .total eonfizehiaatiofn of d
Rs.2,09,20{)/–. In the result, I ht
Fonninrf, ‘”
The appeai is aceepted’.d’v*v’E “:i’her:.ddVi;r1;pogned award is
modified. Cozr1p’e1a$atior1 of I awarded by the
Tribunal.’ is: — with interest at 6%
pa. from the dateVt’o_f”‘pV.et’itii’on’till the date of realisation. The
paymeht ‘and ifive_etrneht shall be in the ratio evolved in the
1/ Office is directed to send back the L.C.R.’s
_co’py”of this order. Parties to bear/their costs.
Sd/-1”
JUDGE