,r~;J A IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3151" DAY op AUGUST. 2010 t BEFORE THE HON' BLE MR. JUSTICE B.sREENNAs'$ " Misceilaneous First Appeal v1'vi6."96A2*§'l of ' BETWEEN Ganesha Age 30 Years V , S/ o. Venkatara1nan*apI'pa V V " ' R/o. Govindanahalli L' Maclhugiri Taiuk -- Tumkur Appellant [By S171..- Karegowfir:i'a-it . Adv.) AND---._ '-- d V' d d V 1. M/'ST. J. VJ.~._Ti=aVe}'s " DC/o. Jayaraln . __N0~._15, 2fi<*"~F}oor, 9th Main '3.Id4E5loe1:, Jayanagara D ifiafigalere -- 11 Unijt.-ed India Insurance Company Limited . "Kasthuriba Road . -Bangalore. By its Manager Respondents
(By Sri. L. Sreekanta Rao, Adv. for R2,
R1 ~—-~ notice dispensed with V/o. dated 10.08.2010]
g.
This MFA is filed U/S 173(1) of MV Act, against
the judgement and award dated 09.07.2008 passed in
MVC No.744/2000 on the file of Civil Judge (Sr–.’Dn.) 81
JMFC, Madhugiri, partly allowing the claim petition_ for
compensation and seeking enhancement “for
compensation. 0″‘ i” A
This appeal coming on for
the Court, delivered the following: ; ‘
This appeal is seeking
enhancement of V by the
Tribunal. V’ A 0 it 0
2. I-Iearr§;L_ ,_isf adrnitted and with the
consent or Codnnseiddvappearing for the parties, it
is up
3._ _ _ Brief facts’-ofthéddease are:
it/[That ond'”08t01.2000 when the claimant was
inifa mini lorry bearing registration No.KA-06
Sira towards Tumkur side, near
n VgGand.}iinagar gate, a bus bearing registration No.
0′ ”AV_V”I{}i–05-A–5858 came in a rash and negligent manner
and dashed against the mini lorry, as a result the
we
claimant sustained grievous injuries. Hence, he filed a
claim petition before MACT, Madhugiri seeking
compensation of Rs,5,00,000/– and the Trib1:,nal’~–has
awarded compensation of Rs.1,76,000/
at 6% p.a.
4. As there is no dispute”‘1«regarding~. occurrefiiceil-iof
accident, negligence and-fliabilihty.__ ofu:lt,he:..;”InsuranceV
Company, the only,.point¢r–emain’s._for riiy-co.n:sideratioii
in the appeal is:
vcguanturn of
__eompe’ns_ation_”avvard_ed by the Tribunal is
just,::,ana; ‘proper or” does it call for
5. Aftger he’ari°ng learned Counsel for the parties
perusirignthe award of the Tribunal, I am of the
.’ 1’#,rieW?,»vAtl’3.&f,:fh¢ compensation awarded by the Tribunal is
u = and it is deserved to be enhanced.
“—Clairnant has sustained grievous injuries over left
” kngeelwjoint, on the right thigh, right elbow. Injuries
sustained by him are evident from Wound certificate Ex.
@’
P 4, discharge card Ex. P 29, X~ray films Ex. P 32 & 34,
case sheet Ex. P 127 and supported by oral evidence of
the claimant and the doctor examined as 2
respectively. He was inpatient in
Hospital, Bangalore from 5 P. V
days. PW 2 Dr. 9. Sathyaroopalhas ps.t-atedi’ th–at-tiie
claimant sustained 60% tol”ia:pa_rtic1iiar’lirrib 25% to
whole body.
7. Considermg §;iié n Rs.25,000/–
awarded and suffering is
011 fiis’:ides’£lerVed to be enhanced by
anot’her’~ and I award Rs.35,000/~»
under this hea(;’._..l7, P ‘
has produced medical bills Ex. P 13 to P
._ P 35 to P 126. The Tribunal without
dliscuvssifllg the same has awarded Rs.25,000/– towards
V ” ‘medical and incidental expenses which is on the lower
‘side. He was treated as inpatient for 75 days in the
P hospital. Considering the same it is just and proper to
Kr”
loss of income works out to Rs.1,29,600/– (Rs.3,000/-
X 20% X 12 X 18) and it is awarded as against
Rs.50,400/ – awarded by the Tribunal.
12. Rs.50,000/- awarded bywthe
future medical expenses is not p_rep’er;re,hen’Ce”‘if-award
Rs. 10,000/– under this hs§ad,##
13. Thus the forvvithe foliowing
Compensation :
1} ‘and.st1fferif1§..V”*:.””V . «V Rs. 35,000/-
2) “‘1\/iedicjai’ :3;..Incident§a1V’ .
-:j__e;xpenses*ffA A ‘ . Rs.35,O00/–
.-3}. _ _ of iricome’ during
R’ ‘V ,1aid,up, pe_riod.. Rs. 12 ,00O/–
4} ‘ . of.,amei’iities and
‘ ‘1oss:’of’mAarriage prospects Rs. 25,000/–
5), ” Loss of i’uti_;re income Rs. 1,29,600/-
– .. 6) ” ._Future”medieal expenses Rs. 10,000/–
nv——uruwfiI-I ———— —_up
…————–.n.-…..—-..
.’ the appeal is allowed in part. The
and award of the Tribunal is modified to the
Vdéxtend stated hereinabove. The claimant is entitled for
total compensation of Rs.2/$6,800/– as against
Rs. 1,76,000/– awarded by the Tribunal with interest at
Q.
6% pa. on the enhanced compensation of Rs.”/0,600/–
from the date of claim petition till the date of
realisation.
15. The Insurance Company isfifldirected”etdfdefiaiosit
enhanced compensation with :_intere’st’ ~A.W3’thi:n___ ‘*.’-gwo
months from the date “r-ezceint-V.of V
judgment. Out {of /– with
proportionate inte1tes–t~;V:”js. invested in FD.
the name ‘V the ‘nationalised or
scheduled t renewable once
in ia4nd’~–te’tnAaiMr::i:n.g.eompensation amount is
ordered of the claimant.
‘ ” No or’d.er”as to cost.
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