IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 147" DAY OF SEPTEMBER_,
: PRESENT:
THE HON'BLE MR.J:;sTIcE.I~:;i;§?_AT:i. ii
THE I-ION'BLE MRJUSTICE.KLG()Vii§1'§;$RAJiZILfJ >
M.F.A.No. iéaswgr zbosmm
Between: I i 3 A 2
Sri. Azfnath, ' ' ._ I '; _ Q
Aged about 42 "
S/0. AmeeIj'a11.__Kh.a'n," j ~
R/0. Nearljfisiajikar iiaeafefi ¢
K0lar%.563_10.1§ ' . ' '
.V A ' ~' ..... ..AppeHant
(By Sr}; Diidé.r -shi%kfei3.ii' ~ « .
M/s. Mdhexnaed 'A_ther'& Associates, Advocates}
z_=x_n_<:J};
'1.,.,i"Sn1it.:.S11fjeeth Kaur,
* _ 'VHII/VG¢"KLl'i'b~@.l"&T.qingh Rajpal,
_ 5::/'c';.No_. 23;
' _ Dhanaktyaiadi,
"Purie--Sa'ihara Road.
Pun€'i.«43,
A. Vsi_i\/Iavsarastra State,
'[{_)wner of Lorry N0. MH.12.Q.9933-1).
. United India Insurance
Company Limited,
By its Manager,
Branch Office Ba Mansions.
___W___"__M__,_,,...
Doddapet,
Ko1ar--563 101.
...... ..Respondents
(Notice to R1 dispensed with v/ o dated15.9.008;
R2 served and unrepresented}
*=!=$*=E=*=!6
This MFA is filed U/S 173(1) of MV~’Ae.£ja:gainst we
judgment and award dated: passed
273/1996 on the file of the Additiona;1._Civi1’J1id’ge(S1*.D1i}»vV&_u
Additional MACT, Kolar, partiy’a,lioudng the _cl’aini:._petition for . A’
compensation and seeking enhancement of cornpensafion.
This M.F.A. on Aidfieaiing this day,
N.K. PATIL J, delivered the fo1iew:ng_;=._;_
auaeMeie
appeal for enhancement of
compensation’ the impugned judgment and
awegjid datedV”(}:V§$V.:(j1.20O5 passed in MVC No. 273/1996
the Additional Civil Judge(Sr.Dn} and
Accident Claims Tribunal, Kolar,
A (‘Ti9ib}ina1″‘for short).
it By its judgment and award, the Tribunal has
aifitarded a sum of Rs.I,09,000/– with interest at 6%
from the date of petition till its realization as
against the claim made by the appellant for a sum of
Rs.2,75,000/–, on account of the injuries by
him in the road traffic accident. f A
3. In brief, the facts of thecase alrezr ‘p it
The appellant is claiming1’:’tphatf he ‘agednu
’35 years at the time of thVe~..5ilp:'(icidenVt,’.. .harI:§v_:ail:fVifV’V:fi{3t’lc;tlthy,VV
working as lorry V than
Rs.6,500/– per p.m., on
2.1.1995 from Chittoor
towards “the lorry bearing
with poultry feeds and
when ‘$o’rne’shwarapalya Tank on Ko1ar–
Mulbagal the driver of lorry bearing
No’;’-If/iHLii2’IQ.993 from opposite direction in a
“negligent manner and dashed against the
lorry appellant, due to Which, he sustained auto
arnptitation of 5″‘, éiih and 3rd toes of right leg, fracture
if patella and fracture of upper third tibia.
~-irnmediately, he has been shifted to SNR Hospital, Kolar
where he has taken treatment as inpatient for 1 1/2
AM
months, undergone two surgeries and spent reasonable
amount towards medical expenses, conveyance and
other incidental charges. On account of the..Vin’j”u.ries
sustained by the appellant in the said accid§e.nt;l
suffered permanent disability. ‘.l_y’he__Doc_ior ‘ass’essec1″*.
the functional disability at 106%, if 6G%”to
lower limb and at 35% ‘to._v”‘thVe whole.boldyfififherefore;at
appellant has filed a claiIn…pe’tition_ befo’r–e._th,e§ Tribunal
claiming compensation he — A b respondents. The
said claim petition h;aVd’c’o1ér1e4’up.forconsideration before
the flllfile hearing both sides
and after and documentary evidence,
has allowed petition in part and awarded
Rs…p1,09l,OO’OV/– as compensation under different
vinlterest at 6% pa, from the date of petition
ti1l..__its__>re.a.}isation. Being aggrieved by the quantum of
xcompentsation awarded by the Tribunal and also for not
W_awa’rding any compensation towards loss of amenities
” ~-“and future medical expenses, appellant has presented
this appeal, seeking eirhancement of compensation.
__M_’___”__,,,__,,,,a
about the occurrence of the accident and the injuries
sustained by the appellant in the said accident. It is
also not in dispute that, on account of the injuries
sustained by the appellant, he has taken treatIrient_ as
inpatient for one and half months,
surgeries and during the said period he lot it ‘
of pain and agony and he might
amount towards conveyance and VoptherfiricidentaiV
charges. Further, in View,3-of–.the”injuries’sustained by
the appellant, he disability.
The :vIjdcte1}iv:,fv1ails:7{‘v functional disability at
1000/oi}. plat’ 6(l)V’3/€i:_ljpto”t1:iei»4right lower limb and at 35% to
the -wholellbody. might have taken bed rest and
.. ..treatrnelnt. The Tribunal has assessed the
to the whole body and the same is
liable___vtobellmodified, on the ground that, 1/3″‘ of the
.. has to be taken as whole body disability which
3’ ‘glconies to 33.33% and the same is rounded off to 34%.
” ‘-‘:Therefore, we take the whole body disability at 34%.
The Doctor has deposed that, the appellant has to
‘R/______,/4
undergo one more operation for removal of implants
inserted and for that purpose he may require some
amount. But ail these aspects of the matter”
been considered or appreciated by the
awarding compensation under,..,.these_-‘”heads.i’Having”»
regard to the facts and circumstances_”of”the.case,
a sum of Rs.40,000/~
instead of Rs.3;_5.,OO0’/;.;.VVV:g”=._Rs,_iO,h()G0,[– towards
conveyance, nourishing’ aattendant charges
instead of ‘towards loss of
amenities” s t of Rs. 1 O, 000/ — towards
future ‘medica1_expenses’;«.
7. TI-wlaving reygaxjd’ to the facts and circumstances
of as “stated above, the impugned judgment and
r ,§iwa1j<iyypas.§¢a by the Tribunal is liable to be modified.
Thedtotalivivicoihpensation payable comes to Rs.1,49,000/–
and the;.bVreak– up is as follows:
%3……..
Towards pain and sufferings Rs. 40,3000/–
Towards medical expenses Rs. O5′,O’OO/–
Towards conveyance, nourishing food Rs.
and attendant charges ” L” 7 ‘~
Towards loss of income during the
period of treatment
Towards loss of amenities . Rs;
Towards loss of future income ‘Rs… 54,”OOG:;’~
Towards future medical expenses ” *v}.0,GO’0’/4%
irfmtai i kVRs.’1z,4-9,900/—..Ed’
8. According1y.’: the i’a1.iowed”AinV:part and
the impugned ;-tw’arjdv’»d__’.passed by the
Tribunal in granting a
Vwinstead of Rs.1,09,000/–.
The to Rs.40.000/– with
interest 6% date of petition till the date
of realisation, A ‘ ~
_ V. ‘i*heV%’Insurer””is directed to deposit the enhanced
interest within three weeks from the
date ofreceipt of a copy of this judgment and award.
“Out of the enhanced compensation of
7Rs.4″0,00o/–, a sum of Rs.25,000/– with proportionate
it “interest shall be invested in the Fixed Deposit in any
Nationalized or Scheduled Bank, in the name of the
appellant for a period of five years and renewable for
another five years, with liberty to him to “-the
interest accrued on it.
The remaining sum.–~*”‘ of A
proportionate interest shall be iareie-ased lli’1’1.,bfaVo1,1r
appellant, immediately, on ‘d,:eposit.by_ the
Draw the award, aeeordiiig1y’;rr..
tsn* _ _