IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH-
DHARWAD. A
DATED THIS THE 2ND DAY OF MARCH 2019" ' I ' I
PRESENT
THE HON'E3LE MRJUSTICE N.:K,'1?AT.1L"_' "
AND; I
THE HONBLE MR. JUSTICI:-A13.1éAc:1i~HAP:JREi,
Miscellaneous 'of 2066
Between:
Dadagouda '_'--
S / 0 Habbugouda Patil ff" .
Age: 48 years, Oct: F1.Gwei*'=_
Vending business a.nd--9{gricLal_t'ure'-A =
R/ o Gonagnur', l'Po.s1;fj;ArtlgE'~;-.l*
Tq: Ramdurg.:{ Dist: B'e.;':;gaum f
(By Sri Shivaraj 1?.'I\/Ieudnoi,--«Ad§5'e.§t'e'j
And: I I I
1:;lVM"ataj 5;' Pl'abBc1goudaI IIIII I
K0ndaunaik".e
" V
Occ: .Ta.i.ll0rin'gf'_" -- ._ '
I R/0 Aladkatti (llnljl
M anoli, Ta} Saun datti
.f;.,_.';)=:»s,t: Belgaum 591 230
..O'1'ienVtal"I«nsurance
_CQrf;..pa'r1y Ltd.
____Co--op. Bank Building
_ Ba.ilh0nga1 - 591 102
.. Appellant
and took treatment for ten days. After discharge he filed the claim
petition seeking compensation for pain and sufferingV.V:"'rn}?..n"tal
agony, medical expenses, loss of future income etc.
3. In pursuance to the notice issguedhyiiv the'
respondents--1 and 2 appeared and _filedi'the'ir writtenistatementifl
denying the rash and negligent driiz’i’r2g”and also of
compensation as exorbitanti’ and sought for
dismissal of the petition. framed the
issues and parties led’e:yi’dene}__e’ tliei”clai1n_a:ntivwas examined as
PW1 and the doctor documents EX.P1
to P14 were rr1a1*E€é§3j;gihi not lead oral evidence
except marlnngi’ the as Ex.R1. The Tribunal
appreciating thie».4evivdenc_eA’i.o’n.i::_ii.record granted compensation of
pain”anC1_\__n*lentaI agony etc. and the appellant
clissatisfiedg with t4he’vamount of compensation has presented this
~ We “ha_{1*e heard learned counsel for the appellant and the
the respondent–insurance company. The point that
. -:ari_ses for consideration is: $1
“Whether the appellant is entitled to enhanced
compensation? If so, to what extent?”
5. The perusal of the records reveal that the l1E,:i.C’l:’ ‘
sustained the fracture of tibia and fracturettofand ll
four simple injuries and he was in a hospitali for a~bo’ut’ 10
The Tribunal has awarded an amount of R324.00.Q/Li._%to’2?;fardspain r L’
and suffering and mental agony considering the«natui3e of the
injuries suffered, the period olftreatrneint We-,,think it just and
proper to award a sum of Rs.3.’J’,G0O’,/ ¥
6. hlaslllaivarded compensation of
Rs.3,000/– towards “i_n:C’ame.during laid up period and
Rs.5,000/ –p towards xmed’i–.ca1–._expenses. Taking into consideration
‘natu;g§i’iof;b_AiinJdries’suffered, the period of treatment, healing of
the’: fI’acture”*–._andgV V ‘the expenses incurred for conveyance,
lit’–..__Vtran.spoi’tationletc.lithe appellant is entitled to an amount of
_:il_i&t~R4s.l1S),OOOll/–..1inder this head.
. ‘l:e’li”Qsl,lC:3l,O(l]p?O/– p.m. and granted only an amount of Rs.3,000/–
Tribunal assessed the income of the appellant at
towards compensation for loss of income during the period of
treatment. Considering the nature of the injury i.e., the Vfraciture
suffered, we think it just and proper to award
compensation towards loss of income for two months. V. _Further, the” ‘
Tribunal has not considered any
amenities. The evidence of the doc.tor:PWi’2″.re’veals
has sustained permanent disability left
leg and 10% in the right think
it is just and proper to conjsiderjj of permanent
disability at 17% wholeij was aged
about 45 years He has to suffer the
disability forgthie and proper to award a
sum of Rs. 10i,i0Oi(‘),/ – itowar’d.siilo_ss— oifijamenities.
as their)-ss’ of future income is concerned, the
‘nasv..4a’wi_arded compensation of Rs.22,100/– taking into
.-Wconsideration of the appellant at Rs.15,000/– p.a. We
it just. and proper to consider the income of the appellant at
p.m. and since he is aged 45 years the proper
be applied would be 15. Considering the permanent
I
t
disability at 17% to the whole body the net loss of futureincome
would be Rs.91,800/- (Rs.3,000/- x 17/100 x 12 x
appellant is entitled to a total compensation of Rs’.A’l}«52,,::3’L5U;’
1
against a sum of Rs.60,000/» awarde_d,..,.by thelTri’o.tLnlal.,i_’_g’I’neit
enhanced compensation of Rs.92,800/- ‘with”‘in’teres_t”atl’6%
the circumstances, we answer the ‘point in the a,Vffi1:rIia.tiVvei and-‘
proceed to Pass the following order: it
(i) The appeal is Theappellant is entitled
to compensationAA..of:._Rs_é_é,i§§Q–W.\;»&; iigddition to the
corr1I3en_’sg/1l1;I’_A1G:Il.1l’VawitardedliiibilthV¢:’;l’rib’dinal with interest at
6% ‘i’ofliil”petition an the date of
”
(ii) shall deposit the amount of
V_eompie’nsatio1j. interest within a period of four
lfrornllltlfit-E”<:i'ate of receipt of a copy of this order.
"(ii~i)i enhanced compensation of Rs.92,800/~ a
li:és.30,000/– with proportionate interest shall
i 'oellldfieposited in a nationalised bank for a period of five
it I gyears renewable for a further period of five years.
*~{.:_
n
Pmg/
The remaining amount of Rs.62,800/–_ with
proportionate interest shall be released in faxroziif'<oif"–tVIf1e
appellant.