IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED Tms THE 13TH HAY or NOVEMBER, 20-10
BEFORE 1
THE HoN'sLE MR. JUSTICE 13.sREENIvAa-{$3 1'
Misceilaneous First Appeal Nc§'.'A9~ri5Q of 1
BETWEEN
A S Sriclharaiah,
S/o. A. M. Srikantaiah,
Aged about 56 years,
Kote Main Road, . _
Holenarasipura Town.
H, and
Sri: A(1vs.]
AND
E. ;Sm_t. Shaina,
_" 't/__o. Sande'e;)____V. Danve,
AV
- = .1\ia11ii§odAe' Post,
1
'A "'1Kera1a'j_L.t'ate.
1' 2. Branoh Manager,
. National Insurance Co. Ltd.,
, 'Division No. 10, Flat No 101-106.
1' "N--1, B M C House, Connought Place,
New De1hi«»~110 001.
Respondents
(By Sri. A N Krishna Swamy, Adv. for R2.
R1 — notice dispensed with V/O. dt: 23.10.2010)
This MFA is filed U/S 173(1) of MV Act agaivns’t.._th._e
Judgment and award dated: 15.07.2008 passed__inVMVC~ V.
No.210/2008 on the file of Civil Judge _–{Sr.D’n1′,’)– ‘
Additional CJM, Member, MACT, I~io1enarasi’pnrai,t_i’partly 0
allowing the claim petition for… _c_ompensatf_ion’~ and 0″
seeking enhancement of compensation’.
This appeal coming on for fAgdinission–;.’Athis
the Court, delivered the follovsfingz
This appezal is for enhancement of
compensation:_’a,§fiarded-by the “T1°.i’r:.ur1a1.
2. HeardtT”‘£’h-e_::”appeal___ is.’ admitted and with the
consentof appearing for the parties, it
is tga1¢{eni.up for disposal.
dtheva.s”a.ke of convenience parties are referred to
as referred to in the claim petition before the
if ‘ ” ” . __ ‘ Tribunali;
‘A Brief facts of the case are:
That on 08-04-06, when the claimant was going in
his motor bike bearing registration No. KA–~09–Q–3896
from bus stand of Holenarasipura towards Karyalaya
extension. the driver of Maruthi car bearing registr2it.i0n
No. KL«11–R-5536 came in a rash and my
manner and dashed against him. As the-_ V’
claimant fell down and sustained
filed a claim petition beforethe Ho1penafrjas1pui~ai,’iup
seeking compensation of flfifribunal
by impugned judgrneht’ awarded
compensation of at 8% p.a.
Aggrieved Vef_’.eQiripe11s’ati0n awarded by
the ‘ appeal seeking
enhaneement’ cf –ep”mpen’sati-on.
5. VAS there nc’;_ dispute regarding occurrence of
iiegligeneedand liability of the insurer of the
the only point that remains for my
cOnside.rai_:iQn in the appeal is:
Whether the quantum of
V. compensation awarded by the Tribunal is
9′ ” just and proper or does it call for
enhancement’?
6?
6. After hearing the learned Counsel for the parties
and perusing the award of the Tribunal, I am of the
View that the compensation awarded by the
not just and proper. it is on the lower side and ”
it is deserved to be enhanced.
7. The claimant has
1) Abrasions over rightelbow. over’left’v_elbo£V;’ over i’
left knee. left leg, left an1_;le.,
2] Fracture of left_.rireAli’a raacller_)LlVi.1A”si
3] Fracture of ”
4) left uplosterior malleolus
Lacerated Wou’r1fc.l,c over frontal region of head
In_}’1rri_es him are evident from the
wound ce’rti~fic’ate’v-_– Out Patient Chit — Ex.P.14.
V’ in record 18. discharge card — Ex.P. 19, X.-
supported by oral evidence of the
c1a3′.mant.’a,nd doctor examined as P.Ws.1 and 2
V respectifely.
— doctor has stated in his evidence that claimant
“has sustained permanent disability to an extent of 30%
to left leg. 8%
our
8. Considering the nature of injuries. Rs.55,000/–
awarded by the Tribunal towards pain and suffering is
just and proper and there is no scope for enhance_fn.ent
under this head.
9. Claimant has producedgn3edic’al”‘ v”.for.i
Rs.10,412/—- and he was treated’-as
one month at Hemavathi Hospitavl. Hole,naifas.i.pura. 2 L’
Considering the same, Rs.A15.iOQ0;/«r awardcdilby the
Tribunal towards medical. -and expenses is on
the lower sidev._:Therefore,’ Rs.20,000/–
is awarded aridincidental expenses.
10. Clairnant. it ” to. have been earning
by carrying on business in
;_eoffee powder} running a petrol bunk on lease
d’oing’a;g1ficu1ture and also doing LIC. He has not
pro=dnceVd.l’isf;parate documents showing that he is
ll”»~’««___l’~».selling coffee powder. He has produced notice issued
rfroInl:’.income tax at EX.P.7. Agent licence copy — Ex,P.8,
._a_.nnual statement copy ~ Ex.P’.9, annual returns copy —
it Ex.P.1O and letter from registered division — Ex.P.11.
@/
He has not produced income tax returns (saral form) for
consecutive three years prior to the accident and for
three consecutive years after the accident to as.s’cs:s.._h-is
income and reduction in his future income,”7There:fo~re;–c *
considering that he must have supffe.redVV’4″s–ome diiosf-3.’ it
during iaid up period, a sum of
towards loss of income duri11–g’i~aid up ‘per-iuod, it
1].. It is not the case of.r’ti1eVp_:’c1Vairnant’that he has
discontinued his busine’ss’c~.ir1;” se}ii.n_gc_offee powder,
running p€t:IfO}:”:Vtjp_-i11’11~f§’.A and doing LIC
business”i’anCip dot-um’ents a_re'”‘not produced regarding
reduction’ of inco”me’v«in-~.,4the above business after he
sustained “i~njVui*.iVe’s in the accident. But considering
win}uries'””sustained. disability stated by the
u_d’o’ctor;3 /o_ limb and an amount of discomfort and
which he has to undergo for the rest of his
it isijust and proper to award Rs.50,000/~ towards
Q’ -.1oss_.’of amenities and future unhappiness.
Thus the claimant is entitled for the following
compensation:
‘Q
1) Pain and suffering Rs. 55,000/»~
2) Medical and incidental
expenses Rs. 2O,OCE,(‘)”/(7
3) Towards loss of income
during laid up period Rs. it
4) Towards loss of amenities
Disability/future , __ _
unhappiness Res. ‘4 50,000/_–
Totalt T ” .
13. Accordingly the appealtliélrtttfand the
Judgment and award inodified to the
extent stated herein aboxfei. entitled for
a total of– as against
Rs.”7O,0C)Q}–».Vatiiaiepded’Iggyiftiiepiffritantnai with interest at
6% pa’ onithe-“.e-nhancetdcompensation of Rs.65,000/–
from petition till the date of
realisation.
irisnifance Co. is directed to deposit the
enhanced. compensation amount with interest within
months from the date of receipt of a copy of this
it sttlitudgriient.
Out of the enhanced compensation 75% with
proportionate interest is ordered to be invested in F’.D.
fie”
‘Q
in any nationalized or scheduled Bank in the name of
the claimant for a period of 6 years and the remaining
amount with proportionate interest is ordered’
released in his favour.
No order as to costs.
Ingn*