IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS 'THE 29TH DAY OF NOVEMBER, 2010 THE HON' BLE MR. JUSTICE Miscellaneous First Appeal. N.o.~ 641 1' K V' BEFORE Between B. Shivaraj, 8/ 0. Late Balaiah, 54 years. R/o. Housing Board..4pCp01o1.i3l/,1. A C. R. Patna. Town. " * . .. ' ... Appellant The . '-Dr .. Naga'1'aj. a'11d"'R.enuka, Niagara} 'Ch'aArit.ai'bIe Trust (R), . V Sri.'"Kagin.e}e'*B."S. College, A 'R.M.C." Opposite, Adichunchanagiri Road, ' 5.-."'KLiv.empunagar, .. _ Mysore. 'V India Assurance Co., Ltd.. V__VNo...2951, 11 Building. 7K.I...T. Road. Chamundipura, H Mysore. Respondents
(By Sri. A. M. Venkatesh, Adv. for R2,
R.1 –«~ notice dispensed with V/o. dt: 18.1 1.10]
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This MFA is filed U/S. 173(1) of MV Act against
the judgment & award dated 27/02/2008 passed in
MVC No. 146/2006 on the file of Civil Jude (Sr.Dn-_]_ and
MACT, Channarayapatna, partly allowing th,ev._Claim
petition for compensation & seeking enhanc'err';;e§11t"vof
CorrIPensation.
This appeal Corning on for”
the Court, delivered the following: .
Jflwv D
This appeal is by the enhaneernent of
compensation awarded’ if if
2. Heard. The apepeal: and with the
consent of Cloulnselappearinlg for the parties, it
is talienlvup for _dis’posa_l[ V
3. For-thesalie.of–.oonv-enience parties are referred to
as they ar’e._:refe.rred in the claim petition before the
at faots of the case are:
14.03.2006, when the claimant was
pp pproeeveding in a Moped bearing registration No.
l ‘-.V_V’E<Au¥O9eFA-2880 as a pillion rider towards Bailaia Circle
"linear under bridge, Mysore, a car bearing registration
5%.
No. KA–09–M–3885 came with high speed and in a rash
and negligent rnanrier and dashed agaisnt the Moped,
as a result, the claimant fell down
injuries. Hence, he filed a claim petition’ before this ”
MACT, Channarayapatna, seelring ,_ Ear
Rs.4,00,000/–. The Tribunal
and award has awarded cofn;oensationV_ of fRs..’1:,6Vl,907/–V
with interest at 6%
5. As there is no occurrence of
accident, the insurer of the
offending. the”–only”‘point that remains for my
considperatilori is:
: _ ‘V ‘Whether the quantum of
_c’ornpensati_O_nv awarded by the Tribunal is
A and proper or does it call for
” _ “,.,en};i’a,ricernent?
Aftverdlhearing the learned Counsel for the parties
.. and “perusing the award of the Tribunal, I am of the
l that the compensation awarded by the Tribunal is
not just and proper, it is on the lower side and therefore
it is deserved to be enhanced.
7. The claimant has sustained fracture of tibia and
fibula of right leg. Injuries sustained by him are
evident from wound certificate —
summaries Ex. P 8 & P 9, inpatient chits
it P :V1v3″}§nd’l’_i”p_
14, x–ray sheets Ex P 15 ‘
evidence of the claimant and: doctor _exa1nined”vlas..p
P.Ws.1 and 2 respectively:Lille was at JSSV
Hospital, Mysore Bangalore.
8. Considering the Rs.40,000/–
awarded byiriburial and suffering is
just an’d -properiifand’-th–ere scope for enhancement
under,thiS head; V.
9. AsRs.8′?l8_bC:_/”–‘.a’warded by the Tribunal towards
expelnsesis as per medical bills produced by
V same is just and proper and therefore,
it does ‘not call for enhancement.
10. ~. Claimant was treated as inpatient for 12 days in
A “if hospital, Mysore and Hosrnath Hospital, Bangalore.
l?Considering the same, Rs.2,400/– awarded by the
$751:
Tribunal towards incidental expenses such as
conveyance, nourishment and attendant charges–.__is on
the lower side and it is deserved to be enhancedlland. I
award Rs.10,000/– under this head.
11. Claimant was working asl”F.«D_.£\A. 9
Town Water Supply and
salary of Rs. 11,657/– and’ salary’
certificate EX. P 5. helhaslnot-produc’edlVany leave
certificate showing availed by
him for treatriient, :Conside’ring7″i:he..fsame the Tribunal
has rigl’1t1y.p’2:5_wai*ded /5- towards loss of income
during laid and it does not call for
enhanceriien’t.V _ A
Tlie claimant after sustaining injury has
ilhis employment, therefore awarding
llcoinpeiislation towards loss of future income does not
arise.
Claimant has to bear with the disability stated by
lfthe doctor in addition to certain amount of discomfort
%.
and unhappiness which he has to undergo for the rest
of his life. Therefore, Rs.20,000/– awarded the
Tribunal towards loss of amenities is on the..l’ower’..s’ide
and it is deserved to be enhanced
Rs. 10,000/– and I award
14. Thus the claimant is ent_i__tlled. forllvthery
Compensation:
Pain and”‘s:,;ffering” :4 RS_*.. ‘Z}0.000/-
Medical expensesff j. .. ” Rs. 87 ,85() / —
Incidental expmises 1o,0o0/-
Towards .1¢5ss-of income I
during laid :-;ip”xperiod.”‘ is Rs. 11,657/–
) “E’owia.rds’1os__s-of airievnities Rs. 30,000/~
0’ .:E£:°..&2:.
. _”i’otal Rs.1,79,507/–
15. _ _ Aee’c..rd’ingl’§_J tlielazppeal is allowed in part and the
and award of the Tribunal is modified to the
..;staVted”_:herein above. The Claimant is entitled for
laitotal.llefonipensation of Rs.l,79,50’7/– as against
AA Rs. l,6_Al,9O7/- awarded by the Tribunal with interest at
–,,Vl”60/rrlp.a. on the enhanced Compensation of Rs.17,600/-
xlfrorn the date of Claim petition till the date of
realisation.
1 %%%%%
16. The Insurance Co. is directed to deposit the
enhanced compensation amount with i1′;terestV=wfithin
two months from the date of receipt of a
judgment.
17. Out of the enhanced compensationl'”5_Q0/o~f’Wifh
proportionate interest is 0rdered.__to.}oe
in any nationalized or schedfiled ‘name of’
the claimant for a peiiod of theflvremaining
amount with proportionate”Vliidte-rehstf; ordered to be
released in
No ord’e.r a_s’*to ‘cots-t.s.. j
34:15]»
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