High Court Karnataka High Court

Smt Preethi Ravishankar W/O Dr M N … vs M/S United India Insurance Co Ltd on 11 November, 2010

Karnataka High Court
Smt Preethi Ravishankar W/O Dr M N … vs M/S United India Insurance Co Ltd on 11 November, 2010
Author: N.K.Patil And H.S.Kempanna
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INTHE}fiGH(XNfl¥FOFKARNAEMQRATBANGALORE

DATED THIS THE 111"" DAY OF NOVEMBER. 

PRESENT

THE HONBLE MR. JUSTICE N.K...9AfT:; 3] . 3

AND

THE HONBLE MR.J{}STICE'H_;S.KEMv¥?;'ANNA   A

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SMT. PREETH: RAv:sHANK}AE}'O"  

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D/O D.M.RAJAS;sTEKHAR"E'E. [ELE}f.
AGED .ABO1;T;-27  "' A 

R /0 TYPE 1v';'v'1.11.«V1_,_4V5*U-i 1v;AT~N, KPCL COLONY
AMBTKANAOARA.I'NORTH.__CANARA

PIN ~ 581.__383   _   ...APPELLANT

(BY :sMT.sT5OORT1§:Y TTECDE. N A ADV.
FQR sR1.D.R.NAOA1gAJA -- ADV.

H 1. '.'1.,T'1v£'/§§."LI.N1§1*EI) INDIA INS. CO LTD

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 BY.1T€$_--NIANAGER. BRANCH OFFICE
" EELGAUM

 KRISHNA YELLAPPA SAVANTH
_ /O YELLAPPA SAVANTH
" AGED ABOUT 52 YEARS
TRANSPORT OPERATOR
D.NO.244/40, PULBAG CALL1
BELOAUM . . RESPOND ENTS

{BY SRI'.I3.C.SE3E'I'i"'iARAMA RAO W ADV. FOR Rm 1.
NOTICE TO R-2 DISPENSFD WITITTTI V/C) DATED 20.02.09)

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THIS MFA IS FILED UNDER STFJCTION 173{}-A}

ACT AGAINST THE JUDGMENT AND 
28.02.2005

PASSED IN MVC NO.11.44/O1 ON Ti~’iE IafIPE—-IOjI~i
THE 11 ADDL. CIVIL JUDGE (SR.DN.) a.,AD-DL.–._MAC:T;

CHITRADURGA, PARTLY ALLOWINs….TT–IE ¢::LAiM.’;PETITION_

FOR COMPENSATION AND SEEKING_i::x;II:AN§:EIyI~I«;Njr'”Off

COMPENSATION.

THIS APPEAL COMIN’Ci “ON FOR I4IEAIi<ING-.u*

THIS DAY, N.K.PATIL 3.. DELNERED TIIE.E"O:,I',=O\'AjINO:~
This is claimanitsiipappjeal __:'fO:rn_':enhancement Of
compensation judgment and
award dated Mvc No.1 144/2001
On :h¢"fii'e'0£v:Ih§i: 'cI~;;'iii'JLIdge {Sr.Dn.] and Addl.
MACTE"–. referred to as

'Tribunal' ifO'rVsh~Ort}.A'. V i

A {By "Its juidgernyent and award, the Tribunal has

Of ?1,92,000/– with interest at 6% pa.

ire-IT} Of petition till its deposit as against the

<;1aim.'HAé1d€ by the appellant for a sum of ?8.00.000/~

–,,0n..aIeeOunt Of the injuries sustained by her in the rOad

…_t:raffic accident. Being aggrieved by the said judgment

and award, the appellant: has presented this appeal,

3
seeking eiihaneement. on the ground that. the amount
awarded by the Tribunal is inadequate. .

3. In brief, the facts of the case are:

The appellant claims to be aged abo!.:vt–»..A”/f’:.’3t
student studying in 3″-1 year pi
merit seat in BIDS course u*nd_e.r fie
was hale and healthy prior_vfito.V/.,:t11e_ Efhat, at
about 3.30 pm. on was standing in
front of road, in front
of Ashwini a tipper lorry

bearing 762’3:,7driven by its driver in a rash
and negligent rnaririe»r:,:””‘..d4ashed against. the appellant.

Duejto o*whieh’,”w.thVe appellant fell down and sustained

.sev.eVre.yvi=nju,Vries on her liver and suffered fractured

Immediately, she has been shifted

‘V to loitzflvhohspital. She has taken treatment for about 38

“.,[.d’aye:,_ and underwent one surgery. The doctor has

‘ asslelssed 50% physical disability. It is the further case

the appellant that due to the injuries sustained by

her in the accident, she has suffered lot of pain and

agony. has spent corisiderable amount towards medical

5

emerges is that, the Tribunal has awarded just and

reasonable cornperisatiori of ?7’5,000/- t.owardsl’i~-plain

and sufferings and 31,12,000/~

expenses and therefore, we do not ir1terfer–e’_ivwith’*the ”

same. However, the Tribunal :'”:has”o awar_ded’ rrzeager’

compensation towards conifeyance, lriou:ishivng._’fo.odand r L’

attendant charges and not a..wd§:+de:1 any”‘cornpensation
towards loss of education,’ ~1os_s2:of arntenities, discomforts
and unhappiness andloss olifdirsabiljty. There is no
dispute regaifling7:Vthe-:_occ~urr’encseVof the accident and
the re’su1tant. Vinjuriecsé,”treatment taken as inpatient in

the hospit.ai and Further, there is no

pp dispiiltel”regard’ing_the, loss of education to the appeilant

for-» one acaderriic year due to the injuries sustained by

Vp’ci=accident. The doctor has assessed the

physical… disability at 50% and if oneethird of it is taken,

it Vaccines to 16.67%, rounded of to i7% disability to the

whole body. The appeitant might have spent

considerable amount: towards conveyance, nourishing

food and attendant charges during treatment: period.

The appellant has to stiffer the discomforts caused due

/’ ,_,,;_Ww,..r.

£5.

…..,…..N».-«v-

6

to disabiiity throughout her life. However, these aspects

of the matter have neither been looked into, COIfi1Si:Cl61’~6Cl

nor awarded ‘ust and reasonable com ensat3ion_th~e”‘ _

Tribunal.

6. Having regard to the facts a1f1’d..§:ircurr1s1anc’es:

the case as stated above, we”-~deern’v~ it prolperfte…award 2 6′

315,000/~ towards conveyan.ce;v._’notirishingp and
attendant charges vast? la. ?50,000/~
towards loss pedtiiclatiori academic year.
$30,000/~ discornforts and
towards disability, to meet
the ends ” J

7v._d”Accordin.giy_,the appeal is allowed in part and

judgment and award passed by the

Tribunal No.1 144/O1 stands modified, awarding

a cotiapensation of ?3,22,OOO/W as against ?1,92,000/~

A awarded by the Tribunal. The enhanced compensation

T eomes to ?}.,30,OOO/W which carries interest at 6% p.a.

from the date of the petition till realisation.

The insurer is directed to deposit: the enhanced
compensation with iI1 t. at 6% pa. from the date of

,/ W. u«»~v~W

5/ WWW

7

petition till the date of realisation, within three weeks
from the date of receipt of the copy of this jl1d§;’II1E§i7l:t””~Elf}§l

award .

Out of the enhanced compensati.on;W Ru

proportionate interest shall be in§’.es:’t.:eld’lin:

in any Nationalized or Schedt1i~ed bank.’ “thVe.dna1’ne of V

the appellant for a p.euriodp..iof –.ti:veV”‘yearsl”re-nevyable by
another five years, }._ibe1*”ty’ to the interest
accrued on jg: iwferlnaining 50% of

enhanced proportionate interest

shall favour of the appellant,
immediately; the insurer.

Office to Ad-raygtlie award, accordingly.

8&5;

JUDGE

Safi
Efiagg

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