High Court Karnataka High Court

G Manikantan vs The New India Assurance Co Ltd on 18 November, 2010

Karnataka High Court
G Manikantan vs The New India Assurance Co Ltd on 18 November, 2010
Author: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 13% DAY 05' NOVEMBER.f?'O.10
BEFORE "   %

THE HON' BLE MR. JUSTICE B.SREENIVASi§  K " 

Miscellaneous First Apnea! Tie; ‘5(.’0 ‘QMf__

Between

C. Manikantan,

S / 0. Chinakoinda Reddy.

Aged about 20 years; . * 1
R/a. C/0. Asha Tradmg” Col._, 1
No.12/2, 2″” Main, ”

A.P.M.C. Yarcl,__ ‘
Tumkur Road, I

Yeshwanthpi{1r.f;1i:e»e’ ‘V .


Bangalore}  V   

 eeee     ...ApP€11aHt

(By"S:_ri'.  Adv.)

.A,,nM_c_1 M

1, New I1e cIiaӣissurance Co. Ltd..

_ e RD, 2,B,..vUnity Building,
: ”’Af1si_1e;re’ Mission Road,
._ 27.

‘ By jtSe’I\jfanage1*.

vayuaoo: Logistics Pvt. Ltd.,

* «.__R/é1t. N0. 360, Vittha} Bhavan,

Opp. Ram Mandir,

‘ Matheran Road, Neral Taluk,
Karjat Dist’.

Responderlts

travelling as a result the claimant. sustained grievous

injuries. Hence he filed a claim petition before

Bangalore seeking compensation of

the ‘I’ribunal has awarded eon_1p«enisatio.n’–A of”

Rs.1,57,000/– with interest at 6% I it

4. As there is no dispute”-..regarVdii1g_Qce1}rrenee of V

accident, negligence and lia.bili,ty. ofsthe lnsurer of the

offending vehicle the” :l.th_at=. remains for
consideration isfzl’

awarded by
thep__7lH’ri’b1iria3;;._is’ ja._st._and ‘reasonable or does it
call for eiinharieezifient? _ _-

5. After,hearing”tl’iel:”leVarned Counsel appearing for

the parties and pleriisiriig the judgment and award of the

of the View that the compensation

aw_ar.dVed’vl5y,,l_t,n§%”‘Tribu11al is not just and reasonable, it

V _ is oIi””the’Al.oxt?le.:” side and therefore it is deserved to be

4’ ei1hanc:ed”.

As per wound certificate Ex P 4 the claimant has

~ jsustaiiied 7 injuries, of which injury no. .1. to 5 are

8%

simpie in nature and injury nos. 6 and 7 are grievous in

nature. Injuries sustained by him are also €Vid€fi,’t.f3’OH1

discharge summary Ex P 5, case sheet Ex

EX. P 8 and suppmted by oral

and doctor examined as PWSD land “res.pectiVe1y.’

PW 2 Dr. Mruthyunjaya T;D. has._st’ai.ed

shortening of left ieg and reésvtriction”Ofturncvernents of
ankle. He assessed to the ieft lower

iirnb and 14% to_ the ‘V

7. “3V*{:_11.:€”:.,:i’] V.-injuries, ?’.50,000/ —
awardedi”byi.V.A:fE;1e ;i;&;’ibdi1a1- towards pain and suffering is

just and properd call for enhancement.

8. _;Tii.e ciairnant has produced medica} bifls for

lankd he was inpatient in the hospita} for 4

the same €55,000/~ awarded by the

Tribe na-V1. towards medical and incidental expenses such

asaswcconveyancte, nourishment and attenda.ni. charges is

– and proper and it does not call for enhancement.

9. The Tribunal Considering the profession of the

Clainiant as a Cleaner has rightly assessed his income

at €3,000/~ and considering the period

and rest as 4 months has awarded 3.

loss of income during iaid up period:_anjd”i.t

for enhancement.

10. Considering the, arid disability
stated by the doctor V’ofvl”discomfort and
unhappinessthe; in his future
life 25,000;/”9 towards loss of
it does not call for

enhancement’. .

11. _§’l”he claimant aged about 19 years. The

Vf;1’u1tip1ieri’a}o’;3Jieable to his age group is 18. The doctor

has’l.St«ated’.”3..19t$”disability to the limb and 14% to whole

V .V body.” .(Z’vons’idering 31% disability to limb whole body

it Comes to 10%. Accordingly future loss of

.iii’ta1fiq§mé works out to $64,800/– (13,000/– x 10% x 12

l’ 8} and it is awarded.

interest is ordered to be invested in ED. in {he name of

claimant in any nationalised or scheduled bank for a

period of six years renewable once in three

fi

remaining amount. is ordered t.0 be released fafiratn 01.,

the claimant.

N0 order as to cost.

Vb/-