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UNTHEIHC%1COURT(fi?KARNATAKAAJW&MNGALCRE
DATED THIS THE 2380 DAY OF OCTOBER, _,2vQ'--iQ . H
BEFORE
THE HON'BLE MRJUSTICE B.S}5{EE1\EIVA..SE«'C§V§:3WVI )'A'«'
M.F.A. No.3298 QE 2068 1 "
BETWEEN: R V.
GIRISH C V, ' A
AGED ABOUT 23 YEARS, T 1
S/O K. VENKATESH GOWDA,-1 . V
NO.126, Tm MAIN, .'?.""3? CRO'SS,ff
NAGENDRA BLiDC K; L "
BSK 3RD A
BANGALORE¥'55'Q_V05E5}' ...APPELLANT
[BY SR1 ADV. ,1
AND: ' ' V
:_'[j;v'UNI'1-'E13iNDIA1NVSU'SCE co. LTD.,
BRANCH OFF1CE;~,NO.2, 181' FLOOR,
HOSU'R}VLA1N_ARGALf.., MADIVALA.
BANGALORE 569" 068,
' PEP. B''{44_'ITST~MAjl.'é'AGER.
. SR1 S SHABBER AHMED,
A M HUSSAIN,
°-_"N.O;731/2';";BRAHMIN STREET,
ATTIEELE, ANEKAL TALUK,
z'BANG:ALoRE DISTRICT. ...RESPONDENTS
{BY SR1 U ABDUL KHADER, ADV., FOR R1; R2 SERVED)
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I3?’
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THIS MFA IS FILED UNDER SECTION 173(1) ONE MV
ACT, AGAINST THE JUDGMENT AND AWARD_4.._I)AT._ED
1.1.2008 PASSED IN MVC NO.6293/2006 ON THE; OF
THE XIII ADDL. JUDGE, COURT OF SMALL
MEMBER, MACT, METROPOLITIAN AREA, BANGALORE,
{SCCH. No.15), PARTLY ALLOWINGTHE C.LAIM’_”P1LT1TION”‘» *
FOR COMPENSATION AND SEEKING ENI:L4\N:CE}V1TE}$I”f”VVOVF
COMPENSATION. A
THIS APPEAL COMING ONVEQR A2D.MiSS1’Q’N~;._TH1S3Dh ‘1~’.i’
THE COURT DELIVERED THE FOLi;UVVING:¢_ I
This appeaif. enhancement of
Compensation V
2. isviiitatimitted and with the
Consent of iearneti’.tap.pearing for the parties, it is
taken upjfor
the of Convenience, the parties are
referred referred to in the Claim petition before
Vtlae Trih’una,1_v.’ ‘ A
4. ” brief facts of the Case:
Ont’.-‘27.5.2006 when the Claimant was riding I-Iero
motorcycle near Huskur gate a lorry bearing No.KA»~
itt”–“‘O’1V§1574 Came at high speed in a rash and negligent manner
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and dashed against his motorcycle. In the result, he fell
down and sustained injuries. Hence he filed a claimupletitgion
before MACT, Bangalore, seeking compensation: _
66,00,000/– (Rupees Six Lakhs only). The tribunal: ‘ajward¢ae«,.
a sum of 31,81,000/- [Rupees
Thousand only) with interest at (5%—..p.a.ll’
5. As there is no dispu_te”‘-regarding’occuyrrence of
accident, negligeiiceiiand if; insurer of the
offending Vehicle,” lo”r1iy”‘ ” that arises for my
consideration in ., ‘ “l
“wh.eth.er”t.he.:c”oni:pensation awarded by the
Trihurial is jtistandnreasonabie or does it call for
…..
ESV.«:_ the learned counsel appearing for
Vl’~~the parties nerusing the judgment and award of the
* }’r_1’__bunal, I” of the View that the compensation awarded by
ti’ze.”Tribi.ii’1aI is not just and reasonable, it is on the lower
..”i’herefore it is required to be enhanced.
7. The claimant has sustained the following injuries:–
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concussive head injury, lefort, H fracture of mid face
with mid patella fit right mandibuler parasymphysis fracture,
mesoephanvidal complex fracture, CLW on nose ~. V.
The injuries sustained by him “are evident’: .fr’orVri, the ”
wound certificate EX.P–2, discharge surr:maries_f
numbers), case sheet Ex.P–10.f._v’sean report and-if
supported by oral evidence of th.e…Vc1’airr;ant afr1d..Ado.ctor, who
were examined as PWs–i and 2 r€sp€:ctiV.e1y. Medical records
show that hospital on 27.5.2006
and ..internal fixation to reduce the
fracture 1efort””{ei_’_’ mandibuler on 29.5.2006.
ifie t Again he admitted to
Ho.sri1at* 56.2006 and discharged on 8.6.2006.
admitted to hospital on 11.9.2006 and
.i8.9.2006. PW.2, an Orthopedic Surgeon has
‘fdfeposed”regarding nature of fracture, line of treatment and
0’ V-Viy”ic.onset;uent disability sustained by the claimant. He has
A.stuated that claimant has suffered disability of 12% to whole
“body.
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8. Considering the nature of injuries, –
(Rupees Forty Thousand only] awarded by
towards ‘pain and suffering’, is on the»Iower”sid:evandflit is”
deserved to be enhanced by another’-?.
Thousand only] and I award_v”‘?.,50,”O0ij/’e_
Thousand only) under this head.
9. As Lakh Eleven Thousand oniy] towards
hospitalisation Tegcfienses is based on the
medical and there is no scope
for enh anceinent tunder”
10. T he wasbtreated as inpatient for a period
‘.17 ‘days in Hosmatvfliiospitai on three speils. Considering
thesarn1eV,V«?;§3;QQt).A}’-+:’.:{Rupees Five Thousand only] awarded by
Vthe Tribunal fttowards ‘incidental expenses’ such as
‘eony’eyance,’V-‘nourishment and attendant charges is on the
and it is deserved to be enhanced by another
— [Rupees Ten Thousand only), I award ‘€15,000/–
Fifteen Thousand only} under this head.
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11. T he claimant is aged 21 years studying in
Engineering (Electronics) in a college at Bangalore
couid not attend 4″‘ sem examination,_ Ther’e’fo*r–e_~ ahisum _.of
€25,000/– (Rupees Twenty Five Thousa’_nd:Von1v)’~
towards loss of inconvenience caused to his c.ducVation.~career. = . L’
12. Claimant is a student in vear B.E.,
and therefore awarding compensation” the head of loss
of income during laid loss of future
income does _ has to bare with the
disability 1§2,%-the doctor to whole body and
certain amouritofevdiiscomfortw and unhappiness in’ his future
life: Conside1’ing a sum of 140,000 / ~ [Rupees Forty
Thousa11.d awarded towards loss of amenities.
in the evidence that he was operated
with inter:1ai.,fi§§ation of implants’ are required to be removed
therefore a sum of $10,000/m [Rupees Ten Thousand
V’ awarded towards future medical expenses.
14. Thus, the claimant is entitled for the foliowing
it ~- compensation:–
a) Pain and sufferings — ?’. 50,000/an 2
13) Medical expenses — ?.1,1 1,000/”-.
c] Incidental expenses — ?. 15,0QQ”/”–‘–« _
d) Inconvenience caused to .
education career « 2′. 25,800′,/–“‘i.. =
e] Loss of amenities — ‘?:’;« 4Q,0,00/’Q V in
f] Future medical expenses — 3?; .. –lO;*Q_OO :;_’
TOTAL 1
15. Accordingly, :4._allowed in part. The
judgment and award passed is modified to
the extent stated is entitled to a
total compensatio1′:i.:”ot”.: Two Lakhs Fifty-
one Thousand ‘§’.1,81.000/- [Rupees One
Lakh Eightyeoiie awarded by the Tribunal
at 6%”‘ip,__a_,y.»on the enhanced compensation of
?.’7o*.{1oo/y- -v[_Ru’pee’s._SeVenty Thousand only) from the date of
clairnpetition date of realisation.
16.2 ..”fh:e.VI4lI1surance Company is directed to deposit the
5_”‘=e4nhlanced.compensation amount together with interest within
V’ months from the date of receipt of a copy of this
‘ml at .ju§lgment.
Q/.
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17′. Out of the enhanced compensation, 75%1jof.the
amount with proportionate interest is ordered to_;3:)’e«’
in fixed deposit in the name of claimant in ..
Bank/Scheduled Bank/Post Office for
Remaining amount with proportionate “interest.”is’,_o1f§1e1i-ed to. V
be released in favour of the clairne-fitjtnniedtoetelyyiafter the
deposit. , _ ._ 3
18. No order as to costs, ”
YKL/