IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 231%!» DAY OF NOVEMBER, 2010
BEFORE O O
THE now BLE MR. JUSTICE B.SREENl'VA_$E
Miscellaneous First Appeal No. 'A 2
Between
Byramma,
W/0. Margrappa,
Aged 21 Years,
R/0. N0.333, M. G. R;__Layo_1Z1t,V_V ,
Roopena Agrahara, ' -A Z V V
Bommanahalli,
Bangalore. 'V
Appellant
("Bysg;j7:g1fi}:;a1i:a;;§11, A¢mO
And
New Ifidlwa Asrsufanée Co. Ltd.,
,, 0.47, GO'palV Complex,
" H fF'1o0r, Bazaéif"Street,
A * --. _ 'fzishwanthpur,
rm'
V' . Vfiahgaloiée 22
..__By ItS'»L-Manager.
LA 2. '.'OMr§.ANai3zab 8,
Major, S/0. Syed Sab,
" *»,_N0.73/1, P1pe Line,
= I'-;/Iysorta Road,
Kasturba Nagar,
Bangalore.
Respondents
(By Sri. S V Angadi, Adv. for R. 1,
R2 — notice dispensed with V/0. dt: 23.04.2010)
This MFA is filed U /s 173(1) of MV Act againlststhe
Judgment and award dated: 03.05.2008 passedj’inf”}.\/IVC
No.2355 / 2007 on the file of VII Additional Judgev;._C_o’n_rt~.
of Small Causes, Member, MACT-3, “‘Banga.l’cre;s 4_
SCCH–3, partly allowing the claim….,p’etitio”n._ for -.0 ”
compensation and seekingw -.enliance1nentV._j;. of
compensation. ” ‘ ‘ ”
This appeal coming ‘on for he
Court, del1vered the follomrig_:” ”
J__;I_J.D GM ;is*.;_,Nm;;=g_f_
This appeal Claimant seeking
enhancement ofc-om}§§ensation;,..l’f,V ‘ ‘
2. For’c’t–he’j;sal{é: “of ‘convenience parties are referred to
as theypare referred to._in— claim petition.
3. V’ _{ Br.i.ef fact;-slwoi the case are:
03.10.2006 when the claimant was
trav.e’11ingu_”_v»-inflan autorickshaw bearing registration
0 No.l.KA-’05–“Ci–l17l on Bangalore — Kanakapura road
l:f..near.A Salahunase Village the said autorickshaw met
an accident as a result the claimant sustained
0′ “injuries. Hence she filed a claim petition before MACT,
Bangalore seeking compensation of ‘<5-4.00.000/– and
@
' l -enhanced.
the Tribunal has awarded compensation of Rs.77,300/–
with interest at 7.5% pa.
4. As there is no dispute regarding occuri*enc’e–.E§f-.rthe A ~
accident, negligence and liabilitgwof the “‘
offending vehicle the only poigntf:
consideration is:
Whether the corr1peris–ation avsfardedby
the Tribunal is just and reas.on_able or does it
call for enhancement?’ ~
5. After hgfv,’-?r’L~’f”:i;«1.i’:§ appearing for
the parties and award of the
‘ vieilriflllllthat the compensation
awarded not just and reasonable, it
is onthe lowerVsi’de”ar1’d therefore it is deserved to be
certificate Ex. P 6 the claimant has
sustained crush injury to her left forearm. Injuries
ufisusftained by her are also evident from discharge
‘ Ex. P 7, case sheet EX. P 12, xmray Ex. P 13
if “and supported by oral evidence of claimant and doctor
9%
examined as PWs 1 and 3 respectively. PW 3
Dr. Prakashappa has stated that the clai.mant__ was
treated by radial artery and skin grafting.
permanent pain in the left wrist and moverne,ntV:
wrist is restricted. There is 15%”disabil.ity_. whole
body.
7. Considering the nature”-.:of– ?.::?5,000/~
awarded by the and suffering is
just and properand notjcalldhVfortdenhancement.
medical yisfilbased on the medical bills
produced». the tor the said sum there is no
scone for enhancemerit under this head.
,___9″. elairnant was inpatient for one month in
San3lay_.-Ga’ridhi Hospital, Bangalore. Considering the
.”‘~”««.__V”»same”»?_.5,OOO/– awarded by the Tribunal towards
incidental expenses such as conveyance, nourishment
…and attendant charges is on the lower side and I award
it r.10,oo0/- under this head.
Er
10. The claimant claims to have been earning
?.4,500/- by doing tailoring work but the same,:.:is..not
established. Therefore the Tribunal __
assessed her income at 33.000/»~
$9,000/» towards loss of income
and it does not call for enhlancementl
11. Considering the.__pernianentufgcgar onvvlthel forearm,
the disability stated an amount of
discomfort urlhap;isiness’l’f_”thae_:f’claimant has to
undergo tin ‘life 15,000/– is awarded
towards __l.oss’lof -a_1″ner1iti’es__. — ‘
l2.V_ _The4″‘claimant”v_is”°aged about 20 years and the
appllcai:>’leV to her age group is 18. The doctor
to the whole body. Accordingly future
loss works out to 197.200/«~ (€3,000/– X 15%
3 12″ 18) and it is awarded as against 225,000/–
Vawalrded by the Tribunal towards loss of amenities and
loss of future earning.
13. Thus the claimant is entitled for the following
compensation:
1} Pain and suffering ‘
_HM}£3€£3£}(§Kf’x’
2] Medical expenses
3} Incidental expenses
Expenses
4) Loss ofincome ,
During laid up period 7i_?;”–9;O0O/ates
5) Loss of amenities ‘
6) Loss of future.in-~:;_ome ” i.vp:9_”/32010/4
“”:”**.””
g,–u-«—————
Tota.l:’.’,V:’ .25.” 1:,369,500/-
14. Thus the for a total
compensatior:’«.of~?. ..&_i_$:.TalgainSt €77,300/-
awarded thy ‘interest at 6% p.a. on the
enhancedof $92,200/~ from the date of
claim pe-tidtiion tillthe of realisation.
é,Tvhe~ Insurance Company is directed to deposit the
V’ “co[:mpensation with interest within two
the date of receipt of a copy of this
xjudgn1.eht. Out of the same 50% with proportionate
‘ finterest is ordered to be invested in F .1). in the name of
‘V —–claimant in any nationalised or scheduled bank for a
period of nine years renewable once in three years and
remaining amount is ordered to be released in favour of
the claimant.
No order as to cost.
Vb/–