High Court Karnataka High Court

C Prasannaraj vs The National Insurance Company … on 3 November, 2009

Karnataka High Court
C Prasannaraj vs The National Insurance Company … on 3 November, 2009
Author: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA AT BANGALCRE

DATED THIS THE 33° my OF NOVEMBER.;«.?. 0{§t9_'_'n:'f;  

BEFORE

THE HON'BLE MRJUSTICE Mo:-am nsnHAr§irAix1A.r;o1;5L;§»;:%+'

M.F.A. NO.463§;f2OOS'   
BETWEEN: V' . ' 

C. Prasannaraj

S/ 0 Champala

Aged about 37 years 1

N0.858/4, I M'aii1._I?.0ad=__ ._ =  

Shivaji Building, iYv¢sh*vJanthap1;-rai' . V

Opp. Divine E.rig_1ish'---SchOfj0E "    

Mathikerg Main Fhad ,  V V' "  

Bangalorev-2A2,n5. "7:   ..Appe11ant

(By Sriz'Sn1'ipad.   ,)

AND:

 "  _ 1 . -ifI"11€-.;_ .Nat_'10naI insurance

 C01npany=._Limited
 'D,o-.._1:n1 Lakshmi
. "-n"C.onap1s;x, .1-5:17-19
'A St. Ma1'k_s.R0ad
"}3an_ga1:3r'e, by its Manager.

 '  ' ' =  2.; L M   Susheel Engineers

 / a Basavanivas

"  No.29, K.H. Rad

Shanthinagar



Banga1ore~27. . . Respondents

{By Sri Gangadhar Sangalli, Adv., for R1]

MFA Fiied under Section 173(1) of lVI.V. Aaagsciiisgit _
judgment and award dated 12~12–200′? passedyeinvi-13/iV_(_3 *
N0.133/2006 on the file of the XVI Add1._«Jt».1dg€, “Member,~«.. V

MACT, Metropolitan Area, Bangalbre. {SCCH} vpartly
aiiowing the ciairn petition for compensiation._and=seeking
enhancement of compensation. ‘ ‘ ” v ”

This MFA coming on Vi’0r:”‘hearing,__ this court” V

delivered the following 2

This iCla,_iir1antis”‘x'”appeal praying for
enhancernent:~–ef arnount awarded by the

Tribiinal 1’ ‘ a y W 9

_ 2.. The appellaiitfiiaimant met with an accident on

atttabotit 11.30 p.rn., due to the rash and

” of the driver of the second

resp0nde:nt’sV vehicle which was insured with the first

respcn.ci’ent–Insurance Company and consequently he

i’ gsi:.stained fracture of right femur. The appellant was

ti/:>

toilet and still he is limping. However, having regard to

the nature of the injuries suffered by the e1airr£.ant_,i~this

Court is of the opinion that the c1aimant§V.,Arn4ust:’—-

suffered 5% of disability for the whole body’,”.::’_’;v» it

4. Though the Tribunal dbheiow j’usiified”<ing

awarding adequate compensation heads of
pain and suffering,' .._food.nourishment and
incidental charges, during laid up
period, Y xiiesser compensation
under ____ aforementioned, the
ciainipant 'pe,rrnan,ent disability and he cannot
stand, 'S'it_, walk, Therefore, he is entitled to

/ loss of amenities of life.

is nothing on record to show as to

vvhat ,__eXa’ei:Althe claimant was having the income at the

..time the accident, this Court assesses the notional

“K:Vi1’1eome of the claimant at Rs.3,000/– per month. The

W’

claimant was aged about 35 years at the time of

accident and therefore ‘l6′ would be the appro~;iri.ate

multiplier. The claimant shall be

under the head of loss of future.eaIr14ii’1gs.’ = C

The medical bills on rec_ord’are”.vorthv i,’-V} i

The Tribunal has awarded that amount
towards medical expe.n:s;es.*A_V_ cannot lose sight
off the fact that the to maintain

the medical. the course of

‘treatment.’.a%’il’h:§1fefore,:.theuelaiiinant shall be awarded

Rs.6ti.,’OO0/ and hospital expenses.
The elaiinéant Vllas’.’.to.:’:t;~ndergo one more operation for

refiioifal of implanted, he shall be awarded Rs.10,000/–

‘ ;under__the«.iiéhe_ad of future medical expenses, inasmuch

“as”theV himself has restricted to Rs.10,000/– for

the Thus, in all, the claimant is entitled to

ii.Rs:~«l,9l,800/-, ’rounded off to Rs.1,92,000/«~.

laccordingly, the following order is made:–

V

The appel1ant–c1aimant is awarded total

compensation of Rs.1,92,000/– (Rupees

ninety–tw0 thousand only), inclusive of

already awarded by the Tribuna.1eA»be1Qw.'{ he-at” »

6% p.a. from the date of p;ietviti]cA>ir1’i’ til}.

payment. 50% of the ceiiaifiensation bee’

kept in fixed depositzxin any-jVnationaliéed»bahk, for a
period of three yea1LS,V {Che claimant to
Withdraw * Remaining
50% of paid to the claimant.

Award .a’ccofding1y.

pea}, ,gJac4’1′:’f_ttig.-_.i::_”gr;1l4lowed.

dd ” iiiii sd/-

JUDGE