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IN THE HIGH coum' or !{.ARNATAI{A. AT _
DATED nus THE 4th DAY on 7 '-
BEFORE;
1'!-IE HOWBLE MR_JUs?i?IG1§"B§s.i'a§T!?:?'
MISCELLANEOUS mm? 1¢d.a24a;"1g_1;_g___<§_Mgrgm%
BETWEEN: 'V ' V
finantha,
Aged 21 years,
S/0 Lakshmaiah,_ V
R/oA:rdu:rpurav,, ._ V '
Gafljalgud P03? T;§:~' V . _V
Arkalgud
Hassan DiSi3.fiCfl__ ' _ ¢_ :A.PPELLAN'l'
(By _
AND:
1. ; The Deputy Dvirecior,
._" Gcvammcnt Insurance
. V Déparmnent,
Vccdhi,
[13.=xtxg§iiofra:.E$60 O0 1.
2f 'I'hc~$i1ipérintcndent of Police,
Meier 'Traaspoxt Organisafion,
Bagugalorc---56O O01. : RESPONDENTS
"--V'(h:Ey._'8f§!i.h§.Narayanappa, AGA)
This appeal is filed 11/s 173(1) of the Motor Vehicles; Act
the Judgment and Award dated 17.03.2006 passed in
* MVC No.8264/ 2004 on the fiki of the XIX Add}. S(H, Member,
MACT, Metropolitan Anea, Bangalore (SCCI-I-17), partly
allowing the claim pciiiion for compcnsaiion and seeking
enhancement of compensatiozx.
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This Appeal coming on for hearing, this day,' "t1ie.._T(39u1't
delivered the following; 4' e , " ..
JUDGMENT
1. This is an appeal by ‘
enhancement of con1pensatio1:1.–.___
2. In an accide11t,« fhat q§;;”‘o7.12ii2oo4, the
claimant suffered when a jeep driven
in a rash the ciajmafit
while he Maixa Road at
shified to Sanjay
Gandhi -‘an inpatient for nearly 21 days
from He had sufiered fracture of
shasft femur ice’ ‘% %’
I claimed compensation by filmg a claim
166 of the Motor Vehicles. Act before the Motor
Aceidenie’ CIam1′ s Tribunai, Bangalore. The clam’ ant
himself as PW-1. I)r.Pra.kashappa was examined as
Exs.P.1 to 5 were pmduced and marked. The
zespondent contested the claim and examined one Witness.
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4. The claimant contended that he was working..fra;’ber
and was eam:;;:1g Rs.150]» per day. However,__as
did not produce any acceptable _exzidenee_–,’ “the: va1:;as» 1
taken his monthly salary at Rs.2,£;’j”-{)0/f’f.s .. d
by the claimant as PW-2 sta’?”ed–.._t;1atV
permanent disability. The 2 Eopixled that
when he examined he found that the
claimant had ‘alas limping whiie
walking and and flexioa of
heft knee assessed the permanent
disab:§§1;’t§dVas” at 18.6%. However, the
Tribuaalyhas amcaonaz disability at 12% and
keeping file ef the injmed ciaimant at the time of
aeefdefit Iband ‘£e»”b’e’V18 years, multiplier of 18 was adopted
future earnings was arrived at Rs.6=4,8{)0/«-
.{;2,_’:;o><_1;2.'%?3%.{_,:~<:::x3;s~:12). The same is maaded of to Rs.65,000/~.
An azaeaat of Rs.'7,500/- is awarded towards loss of earnings
A f_" the pexiod of txeatment. Another sum of Rs. 12,000] — is
Vdawarded towards medical expenses and other incidental
"charges. Towards pain and suflering, an amount of
Rs.30,0(}€}/- is awarded. Thus, in all a sum of Rs.}.,14,500/-
is awarded. Aggréeved by the inadequate compensation
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awarded, the ciagimant has filed this appcaft .j§s;a§:’:z:ng
enhancement.
5. I have heanzl ktarned counselfof pa rt}
the evidence on record.
6. A1t11ougl:1 learned Cotitends that
the disability ought to 1_)ee11 ’18__.6% oo deposed by
the doctor, I do not fmdAAan$f ‘opproach adopted
by the disability at 12%.
The had suffered fiacttlm
of shaft of the doctor was on the
higher eide ‘So :§1s»ti:e_:’pe1*centage of disability compamd to
the Whole body_VisVr;€:noe:1téti. Therefore, the Tribunal was right
it down to 12%. However, as regards
Tribun.aJ. ought to have taken Rs.3,(}OO/– as
as the claimant was a young boy aged 18
years véas engaged as a barber working at Bangalore. If
A ftf”t1:1e”o.a1eu1ai:ion of loss of filture earnings is made taking the
irigonthly income at Rs.3,0()O/- the same will Work Q1111 to
” ‘”1és.77,76o/–.
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‘7. The Txibunal has not awaxtieci any amount ‘loss
of future amenities. The evidence of the
discloses that the c1a1m’ ant had physagcaiii » ,4
as there was xestxiction of movement fof. iieft
knee. Therefore, towards losso–f_VaJneni1:iesVdue’£o ‘d_e;;riSIatiozi ”
of enjoyment of life, a sum 1 ‘deserves to be
awarded.
8. The has evidence that implants
inserted a sum of Rs.8,000/- is
requimd to ‘izfiatfl of the matter, I am. inclined
to Rs. medical expenses.
9. _ .TowaiiisV_:ioss.’–oi”eef1iings during the laid up period, the
has only Rs.’7,50()/–. At the rate of
if the loss of earaings for three months is
eomes to Rs.9,000/ – instead of Rs.7,500/ -.
3.0,,” In “all other respects, the amount awarded by the
, i is gust and reasonable and does not require any
‘ V. …_iizteIference.
11. In the result, the appeal is ailowed in part. The total
compensation to which the claimant is entitied is determined
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and fixed at Rs.1,56,’?60/- rounded of to Rs.1,56,?;3g):;;e.. The
chaimant is entitled for interest at 6% pa. on
amount from the date of petition till the datepf
enhanced amount shall be deposf§e&V ai ‘ b T
weeks from the date of receipt. 91′ a
claimant is also entitled for Vc’C5:’;’;: :t;’sr.of eum
Rs.3,000/-.
