T' v.M"t:1riigO'-mfia.
$2. Naiional i1'lSi.1I'EiI1('.@ CG. l.1.(i.,
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DA'1"ED '1':-11s'r:«1E: 151 my OF DI::<:I-:M1é3i<:R. 2009
:PRESENT:
THE HONBLE MRJUSTICE N.K.PA'I'IL_.V'
AND
THE I-ION'BLE MR.JUs'r1c1: B,VsR}:ENrvAs£i'_§:§GiVpA
M.F.A.No. 617
BETWEEN: V A
A.S8J1{hOSh. V
S / 0.Late Anubaiélgan V
Aged about 23 y%a,rs,_, 7 '
Residing at No.8. T V
11 Main Road. _
V Miziihj Luflfa E. hei? N a
KRe1j_aji1'1aga.rV, ' V _
iiialigaiozfe i
V. M " ' ...Appei1e1111'
{By V'5I'}2i.Bh1:lShViiii 'i'{ui9i1ar, Advocate)
S / ail £21116 H.N.C'r2mgaiah.
Piiiridpa.' Major.
Residing at No.25.
" IVIV Main Road.
Shivanagar. Rajajinagar.
i-Bangalore - 10.
D.O.I. 3"' Floor.
Unity Buiidirlg.
<
[J
<
Annexe 72.
Mission Road.
Bangalore - 27.
Represented by its Manager.
[By S1"i.P.B.Raju. Advocate for R~2 b
Notice to R1 dispensed with v/0. C',-.a1ecE3. a1
')'.2GO%]'. % 1V
... R_€§';_p0'I"IC§ 2 .
This MFA is filed U/S' I73
judgment and award dated: -.___l7.lO;2005 pasm-1_V_ i.n_V§M"\7{_3V 1
N0.2790/2004 on the file 0t"--t_h'e-..eXVI Add}-.._J:_1dge,"Member'
MACT, Bangalore {SCCH~14}."=.par_t,1y ailrgxvihg the claim
petition for compensation xar1d.°se'ek_ing enhaméeanent: 01'
Compensation. ' ..
This M.F.A. eorn"i_r_1§ig this day. N.K.
PATIL J. delivered thef0I'iL:ua§;'ing:...'t.._V ' .
1 " Q N. T:
.T1"1'ie. "--dire(:'tewd"§ against the common
judgrrient 17.10.2005 passed in MVC
N0.2'79OVx/i2.()0-4iV}:3:J t,11._e'iearned XVI Additional Judge. and
B:tanga'I0re-----ACity [hereinafter referred to as
short}.
its judgment. and award, the Tribunal has
awa1"~dec:'_ a surri of Rs.83,000/- with interest at 8% pa.
the date of petition til} the date of realization as
'against the claim made by the appellant for a sum of
Rs.5,00.000/~. Be' g aggrieved by the said judgment
and award. appellant has prese1'1t'ed this appeal,
seeking enhancement. on the ground that'. the a_mo1.i11t
awarded by the Tribunal is inadequate'.
3. in brief the faczts oi" the case are:
The appellant is claiming V-th'a't-- he
years and Silver Polisher
month. That: on 27.3.2oozr[]areg the
appellant along with.__ hisVfrien'dllwas pr0'(:'ee'ding as a
pillion rider in a Kiiietielllonlda CTM 542}
from Sriram:pL:«r_air1 to_war-is h.is"vr.esVivdeifnee and when they
oun"BVilnny Tank Bund road, at
that tiisriel.-a"ra;t.'a7 No.KA.O2.AA. 1238 came
from _J.J Saga: at speed in a rash and negligent
and dashed against their Kinetic Honda and
ldtzetel"=.2s{hieh,l_1appellant sustained grievous injuries and
t.als:_env_.§.reajtrr1ent as inpatient in KIMS hospital. O11
AA'c1g(3CO3tJ'!f)li of the injuries sustained by the appellant in the
l' aceide1'1t.. he has filed a Claim petition before the
. ._.."l1'ribtmal claiming compensation of RS.5,00,000/". The
said Claim petitior dad Come up for C()r1siclerai.i()Ii
__'_____M_,,,,.._.
before the 'I'ri'ounal on 17.10.2005. The Tribunal. after
hearing both sides and after assessing the oral and
documentary evidence. has allowed the sal€i*«.:'e.lpai.m
petition in part and awarded a sum
compensation under different heads!-xrit,l1 i_nt.ergst at.w8%
p.a.. from the date of petition
Being aggrieved by the saidljudgmentif a.nd the'
appellant has p,re~s_e'i1te'Clm' " appea'1."" seeking
enhancement of Compei1~sation:'.7V
4. We _.hai}Ve:"'tiear1§;l.i't'h.ei_--leai"ned counsel appearing
for appéiia1at'.am§; Vllearnled counsel appearing for second
respondent. V
.5. “”Aft’e1’…per’uslal of the material available on
Are”eo’rd–.,”wirtcludiiigwthe judgment and award passed by
is not in dispute that. in the accident
Wh.ieh.v_.oeet’irred on 27.03.2004 at about 4.30 p.m., the
ppappeli«at’1t. has sustained fracture of medial tibia with
‘va_s_ejular compression and punctured wound on left
.. _..ankle joint and taken treatment inpatient from
20.08.2004 to 03’ 4.2004 and undergone operation and
-..—-«~–“”””””‘”‘°’
is,
attendant eha1’ges instead of Rs.3.000/« awarded by the
Tribunal and accordingly. it is awarded.
7. The Tribunal has awarded a satiny of
Rs. 15,000/M towards loss of amenities and
inadequate a.nd needs to be e11haneed.h__ ‘l:.:S:’*3l(}T_’3ii1_’
dispute that the appellant
inpatient and underwent surgery.’*~ lr1′–Vi€\?V1..;’)ll.’Al;l§l€.iI1j’1,1l;’i3Sl”by
sustained by the appellant he has
suffered permanent, -disab’i’lit:yil”‘lli3.e_I)loet.or has assessed
the lower limb and 10% to
the about 23 years at the
time of aeeidenthas to suffer this discomfort.
through o”ui:1_ll1Vis’.’-life. l'”;I”herefore, having regard to the
l natiIzrie’v0t”ithe injtiries sustained. nature and duration of
taken by the appellant and also taking
into co~nsideratior1 the permanent disability sui’fered by
Aphyimibwhieh he has to suffer throughout his life, we
(leern it fit to award a sum of Rs.35,O00/W towards loss
at amenities instead of Rs.15,OO0/W awarded by the
‘l’rib1.mal and accord’ 1 5 y, it is awarded.
-4.”…
‘Vt$!fi*V «
enhanced compensation shall carry interest at 6% p.a..
from the date of petition {ill its realization.
The second respondem,~Ir1suranee COn1p’2 1f1y is
directed to deposit the compensation an”1(;–L1_1j.€____L’4éu;_€ia
4’
interest. within four weeks from the da..i.e,iw:-:ee.ipt ‘(‘)¢–,
the copy of this judgment and j. .4
The enhanced amount
interest shall be released i’I%’1″”. f;E1’JQuI”.()fi_V:fl’i€ v9;.1ppeHar1t.,
immediately. Cfl:. ClepéA_sit§ Cornpany.
Dre.-fie Kai’ *-ard
. . ‘ . .’ ” ” -A
say/W *
muse