S:§rii,'-LR.1\/in. Ra1'i1'3;i{I"iSh.na, Advocate]
IN T HE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 297" DAY OF SE/IfTEMBER 20
: PRESENT :
THE HON'BLE MR. JUSTICE N.K.'1?A }_r-IL' % T '
AND
THE I-ION"BLE MR. JIVI,S'_I4'ICEAHA.'S.. KEMPANNAV '
M.F.A.NO. 705 O1$"2006 {M.V1 "
M.F.A.NQ.'=-_11358VQF.:;0OfS[MV]
M.F.A.NO. 705 or 2OO6_V(_1V\_/v£?'V.]_ "
Between:
1. Albert D's01--.i__zg; _ ¢
S/Q'.-«SE31V£x117?1(fi 3J'.Sou.za,.__ ' '
Age'-Vd 61'ye*¢r_s, 4 '
R/a1;.No; 9.7;' ' _ ._
Near' Gayathrf; "fl=*>!1.7_'3[1]l'of MV act,
Judgment and Award dated: 09/ 08/ 2005. Passe.dv«Inm1\/EVC. -. '
No. 1481/2003 on the file of tile 'X1 Addi.._Judge,"iMember,
MACT, Court of Small Causes. 1\/_l_etorpolitan'Area, Bangalore
{SCCH--12}, partly allowing' the 'claim petition for
compensation and seeking.'ez1han;:;en'ie.r1t. of compensation.
M.F.A.NO. 11368.01?' 2005a/IV} _
Between: _. ., V
1. NewIn.d.ial'Ass1iifance_Co; Ltd."
Bagalur lviansionf, 11 Floor,
Doddap_et, Kolar¢5'S3'~]_0'1...__ -- A
'I'hrough._1ts Ban.g"alo're
Divisional Office, , "
Unity Bu"il.di'ngs,:_ _
4?" Floor, Tower Block,
._ .....
A «_B'.:~ngalore.¢_
" . Appellant
*- [By Sri ; . 3.2V/'.HeVgde Mulkhand, Advocate}
\-All-' .
, * 184/ 0. Selvarad D'souza,
v __Aged about 62 years,
= Residing at No. 97,
% Near Gayathri Temple,
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15"' Cross, Basavanapura Road,
Bangalore--56O 036.
2. Munivenkatappa
Major,
Residing at Uddappanahalli Village,
Chakarasarnahalli Post.
Kolar Taluk and District.
[By Sri. RM. Ramakrishna, Advocate fo:.f'R1:'; '
. . .;l2eVs'por1dents"'.
Sri. M,Shivaprakash and Sn'. Ci1_in:1appa,.A_,dV'ocat C'
for R2}
This MFA is ftiettu/s A1,'-i*3{,i_;3l of-».,MV Act'-against the
Judgment and Award €l_EtIi€('1Z'_ 09,/08a./200,5 Passed In MVC.
No. 1481/2003 on the fiietdofthe;X1_AdVdl."Judge, Court of
Small Causes and Mem.b.er_,'-..NiAC,Tl', 'livangalore (sccH--12},
awarding compensation; of ,?f§,l2,00'Q/--'w%ith interest at 6%
pa. from the éilattirof petiti'.:_)n till the date of deposit of the
amount in {thenTfibi3;nai'~._eXc'i~1.;ding[interest on the amount
awarded towarcls future metl_ic_al"expenses.
Tiiese' on for Hearing, this day,
N.K. PATIVL.'-J., d§1li'_C'r€d"~ following:
FJuDGMENT
« :"i'l1ese~- appea1s""by the claimant and the Insurance
directed against the Very same judgment
anAd.,_V Afdated 931 August 2005, passed in
R""'--._VVV"M.V.C,P¢io'.I481/2008 by the X1 Addl. Judge, Member,
Accident Claims Tribunal, Court of Small Causes,
-'_*",'w"m_'.____,,_,,,,.,'.,,,.«.»J
* »v.iiietropo1itan Area, B%galore [SCCI-I-12], (for short,
'Tribunal' ] awarding compensation of ?3,12,000/-- with
6% interest per annum, as against their claim
claimant for ?18.00 Lakhs.
2. While the claimant has fi_led._the on V"
ground that the compensation awyaridedv
and needs enhancement, the-ignsnrahfice
filed the appeal on thg,g;:ound""that"th.e iribunai is not
justified in awardingatl ?72,000/»--
towards loss income at
'€6,000/~ towards medical
expensesliwm be set aside, by
modifying. and award passed by
Tribunazl.
" '~ ., . > 'facts Vinlbvrief are that the respondent No. 1
claims to be aged about 59 years at
the ‘time_v’ofV’faccident and was working as ‘Technical
lViangagei’°-;’:’ getting salary of ?141»,OlO/– per month and
-deductions, net salary of a sum of ?10,500/– per
it Inonth as per Ex.P9 salary voucher. He was hale and
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healthy prior to the date of accident. He filed a claim
petition under Section 166 of the Motor Vehicles “-Act,
contending that at about 9:30 A.M., on 13.01.2003,
while he was riding his Kinetic I-Ionda
No.KA–03 /E1-1-491, to go to his :;f;{£it¢:r3;
Road ESI hospital 3’unction,,the dmker of
No.CTA 7836 drove the a rash. “and negiigent
manner and dashed rrehicie, due
to which he sustained,._ immediately
shifted to aid treatment ‘
was gi§fenVd’an.d. todfiosmat Hospital, where
fracture. was — he underwent major
surgeries.
it is the caseof the claimant that he has taken
period of two and a half months and
during this iperiod, he has undergone lot of untold pain
Vdand agony and spent considerable arnount towards
_’ medical expenses, conveyance, nourishing food and
“attendant charges apar from other incidental expenses.
_~”___W__,_,_,.,,,L
The doctor has assessed the disability at 7 5% in respect
of left lower limb. 10% towards shoulder and in
towards whole body. Further, it is his case _
of the injuries sustained in the accident,_–‘he” not ”
attend the Office for about four
he has to be compensated reas,o11ab13rh 2 .
5. On account the’;ii–n£iuries._’sustained,fin the
accident, claimant fileldfthe’ before the
Tribunal, under V ‘Vehicles Act.
seeking iakhs against
the owner of the offending
vehicl\~’*~-,_ petition had come up for
consicpi.-Ciratioln before fthe””f[‘ribunal on 9%” August 2005.
‘Tlré1e”‘r*-T” rilziunal, aftefconsidering the relevant material
after appreciation of the oral and
docu.ment’ary evidence, allowed the claim petition in
awarding a sum of 13,12,000/~ under different
-_he’ads’l, with interest at 6% per annum from the date of
if ‘petition till the date of deposit. Being aggrieved by the
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quantum of compensation awarded by Tribunal, the
Insurance Company has presented this appeal, seelririg
reduction of compensation on the ground _
compensation awarded is excessive, pexorbitanitv a’nd’–_is
on the higher side.
6. We have heard leailnedzgcounsel. ford
claimant and learned Counse1_…app_e’aringhlforlnsfurance
Company for considerable’ _V
7. Afterjcritical records
available perusal of the
judgment”and’:awaf3d– can be seen that the
occurrence’ of the resultant injuries
sustained the clairnlant are not in dispute. It is also
‘xdnot dispute that””the claimant was aged about 59
3rea.;s;euzo;k:ng Technical Manager in a Private firm,
getting of ?l4,010/– per month and net
R.””‘~..VVV’salary.oft?10.5O0/- as per Ex.P9, salary voucher. The
g.rol_aimant has taken treatment for a period of two and a
half months and underwent four surgeries. The Doctor
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has assessed the disability towards left lower limb at
75%, 10% towards the shoulder, and whole
disability at 27%. But, the Tribunal, after _
the oral and documentary evidencehhgas reeasvsessed the it it
whole body disability at 10% for lord:-:fs..,,y0’f:;_Al
future income. The claimanthas to u’n.dergol.:thi.s~.ord.ea1
throughout his life and this _in.._theway._gof_his day
to day activities. He has treatment and
bed rest for abc)u1»:_ have spent
some amount. nourishing food and
regard to all these
aspectsifwe ?f7.5,000/- towards pain and
sufferings as _”aga:1.nsts$55,000/–, $40,000/– towards
.”con”v-eya.n’ce’;– by nourishing food and attendant charges,
towa_1:ds loss of amenities, discomforts, and
unla-appvj..:1ess it on account of disability as against
and a sum of $42,000/– towards loss of
income during treatment period at the rate of ?10,500/–
per month for a period of four months as against
?°24,000/ — awarded by Tribunal.
8. Further, so far as the compensation _
towards loss of future income is _conce1’n.ed,”‘as_j .right1y
pointed out by learned counsel
the claimant is not entitled forany cornpensatior_i””under
the said head. Admittedly,_.the.”L_e1ainianlt” ‘wa.s_:l1ready
aged about 59 years at the of and more
over, he has not document to
show that he on account of the
disability” acciderit. Therefore, in the l
absence ~ arlfi’ we hereby Set aside the
compensatiofi of…’?’l’?t’2,VOCl0/- awarded by Tribunal
llltowairdsij”‘loss of llwfutlure income, holding that no
be awarded under the said head.
,.__’How’eVer, the Tribunal is justified in awarding a
of “?l,25,000/~ towards medical expenses as it is
on the bills produced and $6,000/~ towards
%–~——*~”””‘”””‘
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future medical expenses and hence, it does not call for
interference.
10. In the light of the facts and circumstarices
of the case, as stated above, the appeals
claimant and also the Insurance Company””are.a1l:oWedit
in part. The impugned judgrnentoparg-d’.av\rartt.’da:teri’-L._0*¢*’:;vat
August 2005, passed in M.V.C.F\to;..”1x.48i’/R0013 by’v:t’h.e
Judge. Member, Motor Accidentmfjittaiins biourt of
Small Causes. Metropolitarait-area, hereby
modified, awarding total jV?r’3,48,000/– as
against with interest at
6% per:;vannu,%;¥fron1.A the»’d_ate of petition tilt the date of
reaiization. p4T1ne hreaki follows:
Towargds Pain and Vsuxffervi rigs 7 5,000 / —
\\» , t.ffow–a_rds ;Med_icai eXp€~nS€S
/4-I/’~H
1.25.000/–
Towards A _Loss._ of income during ? 42,000/–
‘ treatrnen-t »pe_rio cl * .
0 it _ disab’i1ity._’
ToWa__1fds”‘}oss_oftfliilenities, discomforts 3 60.000/~
and. ‘unhappiness on account of
H M 0’ ‘ ‘-Woman d, attendant charges
‘Towards conveyance, nourishing food 1’ 40.000/-
‘«.Towarc_is future medical expenses 06,000/M
/\-R/’H
TOTAL 3,48,00(}/-
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The Insurance Company is directed to deposit the
enhanced compensation of €36,000/~»~, with inte’r_e’st_
thereon at 6% per annum, within four _
date of receipt of copy of the judgm_6:1nt__and_– ”
011 deposit of the said a1not1nt1’_by: insutfaiicéfd
Company, the same shall bet._V1:”e1,easedV:iri. the
claimant. immediately.
The amount it Insurance
Company. is:, to the
OfI’i’ce’ to actcordzingly.
sdl-L
c Iudge
Sd/--
Iudge