IN THE HIGH COURT OF KARNATAKA AT BANGAL_0RjE._"_T~-V_v
DATED THIS THE 22"" DAY OF N0vEMBER__:.§i_"0A:' *-
BEFORE
THE HON'BLE MRJUSTICE S. ;4BLi_DL:'N21'ZE.E:I{ '
MISCELLANEOUS FIRST N0'.'1.2'8£!/._20:I:6'§
Between: u h ' :
Devaraj.
S/0 Kenchegowda,
Aged about 40 years," __ : .
APPenaha1_l_ivillagé,
Yadiyuru Post, __ " .
Channarayapatha Tj._211'1;;_k. » Appellant.
(By Smt. ;x;R;' shlasaadafiga, My-.)
1 K. M.i1'th4u:A'aiu,"~. S
No.6 1, 1\J"ewV'1'JQ: 1-.20/'7?5-Q4,
_}'j{{0VteL;.Kengé:'AL_V V
~._B"eh_i-nd KAantheshwara Complex,
' V. _, B:1r_1g:110r'é.«~..V
2" ~_ .__L1nit€d'_'I11(ii~;j'insurance Co. Ltd.,
' Divisiofiafi Office,
N024, Ciassic Building,
1" Eléor, Richmond Road,
" :,Bangalo1*e. Respondents.
Sr'E:Gangadhar Sangolli, Adv. for R2)
This MFA is filed under Section 173(.I.) of the
Vehieies Act, 1988, against the judgment and award
No.115/2007' dated 5.12.2009 on the file of Fast TI'E1C}('.A"C()LlIA'tiV'«':iv!f_:1i'('1"i *
Add}. MACT at Channarayapatna, etc.
This MFA coming on for Ordefs «day, '7tite_.:
delivered the foliowing:
This appeal is directed again$t___ith:\g';.:_§_udgtnent in
MVC No.1 15/2007 dated iifiikaioii'-..the Fast Track
Court and Add}. was the
claimant before:_th;. were the owner
and the insvo__ret'v is no dispute as to
the occurrence the liability of the second
respondent --u"Insiu:anee_ Conzpany to pay compensation. The
v4..vappel1ant;. has Vt'iled.t,his_¢.vappea1 seeking enhancement of
i'compensatio_n';~t
I..hav.e heard the learned Counsel for the parties.
If
it
3. Learned Counsel for the appeliant would contend the':
appellant was an agricultutist eaming more than V'
month. He had suffered 15% pennanent.:di*sabi.iity_4' .YvtioI'e'¢.
body. The Tribune} has not awarded attfncoinpensation
loss of future income and towards«at'tendanAt"charges':'v_aIidWo'thei
incidental expenses. The award of oo-tngieiisation toxivards loss of
amenities and loss of income are on a
lower side. Learned" C_oun_se1 me through
the evidence of"'t§t_e_V produced by the
appellant/cIaimar;'t'A'*'oeiiote also the impugned
judgment and award. V' if " ~ VA
4.' 5gO:13_iA'ti1Ve otIie1*«Vhan«d, learned Counsel for the second
irespondent~Insutane'e -Company has sought to justify the impugned
V judgzitenttand avttardi'
k
...
5. I have carefuliy considered the arguments of the learned
Counsel. made at the Bar and perused the materials placedi’oni~.t’
record.
6. The Doctor, who had treated the»..clai_tna.nt was ie>ia::ii’njed_
as P.W2. In his evidence, he haS’flSt£1te.d thatfitiie
suffered l5% permanent disability ‘wholei also
clear from the materials on….i:”record ?.:_ptilia{~~.t’t»i?!{7~plaimant is an
agriculturist. The accident Having
regard to vlhe case, it is just and
proper to hold ‘his day (%4,500/_ per month).
He was aged the of the accident. Therefore, the
multiplier applicable Thus, the claimant is entitled for a
ilsnrn Vofifl ,2.1v,50(}/eiitowards loss of future income. He is entitled for
a sun: of?I.0;U9Q./–:?t<)wards attendant charges and other incidentai
' expenses. award of ?l0,000/–« by the Tribunal towards loss of
I anienitiespis on a lower side. it is just and proper to award a sum of
under this head. He is entitled for ?9,()()(}/– towards
E
E
E
'-at
income during the iaid up period for two months.
ciaimant is entitled for the compensation as under:
SI.No.
Particulars
‘1 ‘ Arnozlrit’ ‘V
Towards loss of future earning capa’eity?_”i ” I
*ei,*2.1%,500.00 .
Towards pain and sufferings __
30000.00 ” =
Towards loss of amenities
V 0 20000.00
-{>-DJ}?-J.>-~v»
Towards loss of income duringdie laid ‘_
period V. 0- ‘
‘: $0 9,000.00
Towards medical expctiises 7 . v
? 00,000.00
GNU:
Towards attendant e£i2:i*ges;…3″a:1d__§” -.
incidezitai expenses
3 10,000.00
32, I 0, 5 00. 00
6. Vi’he’t’~i*z::}§:}t1ai’ guarded of ?66,000/– which has
00 be dedizeted frorh’«th«eV’iafo1?eseid amount and the balance of
compensation giayebiewto tiheieieitnant is 32,10,500/–. The said sum
0′ ef ?1;4%i;500!– shall ce.fry”interest at 6% per annum.
» I:i’«the_ir’es01t, the appeal succeeds and it is accordingly
is
‘K
second respondent — Insurance company is
‘Vc¥ireeteti’§ie”v’.0ie§:}es’it a sum of ?’1,44,5002′– with interest at 6% per
“..§1I11Iiui1i._.fF(}1il the date of the appiieation till the date of deposit in
addition to what has been awarded by the Tribunal within 3
of eight weeks from the date of receipt of a copy of .
appellant is permitted to withdraw the a_meu_nt er;détteir/.deg5esi_t;.V
Registry is directed to return the records tie.’the_”‘Fribu’i1a] W
No costs.
BMM/–