P'1E'A.N<3. 3357 .2004
IN THE HIGH comm' QEKERRATAKA AT BANGALORE
DATED THIS THE 3151' mv OF JULY,
PRESENT _ ii'v
THE HONBLE MR.JUS'I'ICE K.L. % 3 '
Arsm
THE HON'BLE MRs..3fI.I_sTICE. A1§'.1v.NAGA.ARA*rHNA""- 'V _
M.§.A.N0';:{357/2004V_{M§?)
RETWEEN:
V_N"'CHA1'~fiI;)RASEKfIAR_A {YER
s/'G..L'._a;rE?§:;;N1ARAYANA"'i'YEIe
AGED % ~
212/.0 No.2.1jca j1--3,._ imga MAIN
5TH%%cR(?«sS,A'4frH.LBL0cK
M K<:'m2AMA;v,GALA;~~- BANGALORE 1 1
" L. ...APPELLAN'I'
" « sfV_ENUG0PALA, ADV.)
A ,.;~iAr:1A'z*HA HATHWAR
.. 'D/Q B.M.RAMAKRISHNA
VVR/0 No.37
28TH CROSS, 4m BLOCK
JAYANAGAR, BANGALORE 1 1
2 HATHWAR
NQ.738, 13TH CROSS
7"I'H BLOCK, WEST JAYANAGAR
BANGALORE 82
3 NEW INDIA ASSURANCE CO LTE)
N().346, 2ND FLOOR, MANANDI COURT
HI BLOCK, BANGALORE 11
RESPONDENTS
{BV Sri: S GANGADHARA AITHAL FOR R 1&aR2}
ME’Ps.No. 3357 .2004
THIS MFA FILED U/S 173(1) 0}? Mv ACT Aeaivrsfifxffis
JUDGMENT AND AWARD DATED: 7.10.03 PAssE9>%iVN’jM’vc
NO. 3803/2001 ON THE FILE OF THE 14TH AI);i)L«…,3i3_D&EsE~~,.
MACT, COUWI’ OF SMALL CAUSES, BANGAL{)RE.,.V ($CCH”.~
10], PARTLY ALLOWING THE CLAlM_.~E?ET}7£’IC}ISi _ i’3’OR_
COMPENSATION AND SEEKING” CF ‘
COMPENSATION WITH
This MFA coming on: for A’::1yiIss10;~s.–“-%..;g};’ {his ‘&a§%’.’»~_
NAGARATHNA .1, delivered the,__fG1_]pwiz1g:j V ”
%
Though this mattgi is’.’1is§¢d1~«.f§:¥’.;’%a¢i:nsssion with the
consent of V. parties, it is heard
finally.
2. Vzfhis appggg the injuxed-claimant being dis-
satisfitd Jaiclgnent and Award passed in
. _ r.ix%§fc..’:~:.§..3303 dated 7.10.2003 by MACI’, Bangalom.
.’ of the case are that on 9.6.2001 at about
claimant Was Walldng on 8″‘ ‘F’ Main, Road, 3″-1
” V B”ic;)ck, Jayanagar, Bangalore when the driver 01′ Marat’: Car
baaiing No.1-{A«O5 N 4498 drove the same in a rash and
negligent manner and dashed against the claimant, as a
result of which he sustained ixxjuritzs. inamcdiatcly he was
taken to Garden City Hcaspital where he was an impatient:
from 9.6.2001 to 30.63.2601 and tfiemafier has taken follow»
MFA.NO. 3357 .2004
up tmahnent. Contending that he had suffered permanent
disability as a result of the injuries, the filed
the claim petition.
4. 011 S€IViC6 of notice this .« 3*?’ 4:
respondent] insurance fiuiedjiits
written statement the insurance
pulice, but (v)a:1 the part of
the driver of the dt}v}V;é%»’~:V.S;3r§£nncnts in the ciaim
pefitien azifl offlxe same.
5. On thy; has fmmcd the
following issues; *
– xwhether fite”‘;fietitioners prove that they
V_ . sustained in at road traffic accident on
9.v5.’*29ovz1«a:”c;,r;m.;z.3.p.m on am ‘F’ Main Road, 3rd
‘ Blccgk, Bangalore due 10 the rash and
rwgligeni. :Z.*3£*jz’ng by the driver of Marathi our
beczr-mg-,a’No.v1{A-O5 N 4493?
n 2:’ “Whether the petitioner prunes that he is
efniifled for compensation? If so, whai amount
Varuifimn whom he is entitled to?
3. What order? 4/’
/
MFA.N. 3357 . 2084
.. 4 ..
6. In suppert of his ckaim, claimant examined as
PW.1 and one D:r.{)eepak as PWK2 and Exs.P1
got marked while respendent did not let in A.
7. Based on the material onWxeco1d,–*’
awarded compensation of Rs.1,;§l,9G() ],v- the
rate of 80/6 p.a from the de::’e_9f ‘petitéoti
Being aggrieved by the seiix;1._V ‘Jud@e31:f’zV§n<1:'3 Awani the
claimant has
8. ” counsel for the appellant
and: iespondents.
9. It behalf of the appellant that he is an
ggiixeeate by peefessixion and that as a xesult of the injuries
‘ V. the accident, there is permanent disabiiity in as
was fracture of pelvis with fracture of
left side and that he had been iaqaatient for 3
AA weeks; and he had taken follow up treatment. The said
V’ =;-ei’manent disability would cause hindrance in carrying out
his profession at work. Hence the learned counsel for the
appellant submits that on the head of loss of future
earnings, the Tribuxial was not light in holding that claimant
/Q)/1?’
/’/I
ME’A.N0. 3357.2{}04
loss of future income. Similarly on various othergiieads, the
cempensation is reassessed as follows: x V’
Pain 55 sufifering V’
Medical expenses 3:; other
Loss of income during = V’
Loss of future income V»
Loss of amenities Qf~_1j§e ‘R§.4O,flf)O0A] »*
Future Medical –
12. Vshall carry interest at the
of! the extent of Rs.40,0()0/ — which is
givefi my’ expenses which shall not
is-iereet. ‘Co.nsidering the age of the appellant and
. ” . V i1i.s themenhanced compensation along with interest
3 ‘hebv 1’!3iK-.’a:i*3Eli 911 deposit of the same.
Agéaidingiy, the appeal is allowed in part.
Sd/–
Iudge
Sd/-3′
Judgg
KVR’*