{N THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 181' DAY or SEPTEMBER_,.._2010
BEFORE T 'T
THE HON'BLE MR. JUSTICE B.SREENIVi&$§§4
Miscellaneous First AD3JeaI,No._ 5249 'A V' '
Between
Chikkegowda A
S / 0. Kempanna @ Kempaiéh' _
Aged about 38 Years VA _
R/ at Malamachha' KI"j1r1te--'_ , . " '
Chelur Post " .»
Gubbi Ta1uk__ _ V
Tumkur Disizxjic-t. '
{By Sri. Aqiee :Avc'j§vVs.)
1. Stijaizha" %
_ _ Major
W/0. Jothgppa
' 1Vin'.ayaka Iridustries, GBN Road,
_ Madhu giri Taluk, Tumkur District,
" Qf the Tata Lorry Bearing
Reg. No'. KA--O6-7172)
2. Z The Oriental Insurance Company,
C. Road,
Tumkur.
Respondents
[By Sri. M Arun Ponnappa, Adv. for R2,
R.1 notice H/S V/0. dated 02/08/2010]
fir
This MFA is filed U/S 173(1) of MV Act, against
the judgement and award dated 25.01.2008 passed in
MVC No.2 10/2005 on the file of Civil Judge (Sr..Dn.) &
Additional MACT, Gubbi, partly allowing thehlclaim
petition for Compensation and seeking enhan.:ee1nen.t of
compensation. p
This appeal coming on for da¥,r,d
the Court, delivered the following: A
Junamafir
This appeal is by the”-elaimant’—for’w»en:hVaneenient of
compensation awarded by the vT4ribu.nal.
2. Heard.’ _’The and with the
eonsent5.ofafppea,ring for the parties, it
is taken 5 1l§inai- V
3. For the”salfi.e’ oi”‘«e:o113./enieiice parties are referred to
they are».1jeferre’d to in the claim petition before the
2 A lacts of the case are:
” .,V__d’7i”hat on 1242-04, when the claimant was
* –.standing by the side of NH 206 road, in front of Gubbi
Channabasaveshwara Theatre, a lorry bearing
registration No.KA–06–7172 came from Tumkur side in
%
a rash and negligent manner and dashed against him.
As a result, the claimant fell down and sustained
injuries. Hence, he filed a claim petition b_efore_.’the
MACT, Bangalore, seeking I g
Rs.5,00,000/–. The Tribunal:-toy”-i«mp*ugne:d; ;;ulag:ne’1;tV’ A
and award has awarded
with interest at 6% p.a. Aglgfieved by’ of
compensation awarded by’*ithen{Tril5t11na1 the Claimant is
in appeal seeking enhaneenient ‘oom_p.ensation.
5. As occurrence of
accidentf éneglipgence of the insurer of the
offending’ point that remains for my
consideration “appeal is:
A A. W’hethe’r the quantum of
_vCo.Inpensation awarded by the Tribunal is
.,ju._st Varid proper or does it call for
enhangeement?
pp hearing the learned Counsel for the parties
it perusing the award of the Tribunal, I am of the
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. As per Wound certificate — Ex.P.5, th4ev..:Cl.aimant
has sustained the following injuries:
Fracture of claviclebone ar1ld”‘also uvry_o’r1 _
his head and he had bleeding?froiildnoseliiiandvagear1″
and injury on upper _eyebrovv’.’-
Injuries sustained arealso evident from
the discharge card’; . lcia,sel’sheet — Ex.P.10, x–
rays — Exs. 1 an”(i”‘1-lf3’A slip — Ex.P.12
and evidqencewof the claimant and
doctors.e§{:a-‘mined 2 and 3 respectively. He
was treated from 121204 to 1-1-05 for
yalaouet 18 in lflistrict Hospital, Tumkur.
* — Dr. B.Rajanr1a, an Orthopaedic Surgeon
Kllfrorri A Hospital, Tumkur, has stated in his
evidence that claimant had fracture of right clavicle
bone and also head injuries and he was treated for
head injury at NIMHANS Hospital, Bangalore and for
clavicle injury he was treated at District Hospital,
%
Turnkur. He again examined the claimant on 03-05-07
and found that clavicle bone was malunited and
thereby claimant had suffered 15% physical_4.dlisabi1ity
for the whole body.
8. Considering the nature of. i_njuri’e’s,’
awarded by the Tribunal towai*ds1’paiVn and
on the lower side and it islldieserved to be and it
1 award Rs.25,000/-,. under–t-bais–_he.ad. 0
9. As §Rs.5,000/-00′ ‘Tribunal towards
medical expenses bills produced by
the the same is just and
proper ancl tliaerefore;–i__t”does not call for enhancement.
10:.’ ‘V Clairnant’Was’ treated as inpatient for 19 days at
jldlelospital: Tumkur. He was also treated at
._ NlMFiA1f\lv$,’AV.V’V:”*’:”]3ElI’lgEllOI’€. Considering the same.
awarded by the Tribunal towards incidental
* -expenses is on the lower side and it is deserved to be
enhanced and I award Rs. 10,000/- under this head.
Kr
11. Claimant claims to be doing ‘hamali’ work. The
Tribunal assessing his income at Rs.3,000/ — permonth
and considering the period of treatmentf”as’f.three
months, has rightly awarded Rs.9,000/~
income during laid up period.’ The “sarnel’-is _;’Vus’i; andli’ if
proper and there is no scope foi’.erihaneement.’. if K
12. Considering the doctor
and an amount of landflunhappiness which
he has to ‘life, Rs.3,000/-
awarded of amenities is on
the to be enhanced and I
award this head.
13. 5V~V4,~__(l()Q”/’sdawarded by the Tribunal towards
future ‘inr:o’me is as per disability stated by the
whole body, there is no scope for
l ‘ ,er1hancernent under this head.
14; vV”*;Thus the claimant is entitled for the following
V’ . _ compensation:
1] Pain and suffering Rs. 25,000 / —
2] Medical expenses Rs. 5, 000 / —
fir
3) Incidental expenses Rs. 1 0,000/~
4] Towards loss of income
during laid up period Rs. 9,000 / ~
5) Towards loss of amenities Rs. 15,000/–
6} Future loss of income Rs. 54~,.O’O_Q’/5
Total Rs_i-‘1.,18;0DDp:f{ ‘ i.
15. Accordingly the appeal inpart it
Judgment and award of trhe Tridbunal is rpniiordlifiedflto”the
extent stated herein abovedfiifddientitled for
a total compensatioit “as against
Rs.90,000/~ .awarded~–.:by interest at
6% p.a. of Rs.28,000/–
fro1n__~::;1,é3;1fre a petition till the date of
realisation. ‘ ”
” V-Insurance.” Co. is directed to deposit the
‘A «,_enhanceC1.__compensation amount with interest within
._ the date of receipt of a copy of this
jt:dgme’i1t.
Out of the enhanced compensation Rs.20,000/–
with proportionate interest is ordered to be invested in
FD. in any nationalised or scheduled Bank in the name
‘£8’
of the claimant for a period of 3 years and the
remaining amount with proportionate interest is
ordered to be released in his favour.
No order as to costs.
mgn*