IN THE HIGH COURT OF KARNATAKA AT DATED THIS THE 18?" DAY OF NOvEMIEER,:'I PRESEN.'F~~ THE HON'BLE MR. .III.£'1' 1:55? &N.K.?EATIL' " THE HON'BLEMR.JAUSTtCE'H:SKEIVIPANNA BETWEEN: _ GOWTHAM" _ AGED GYEARS ~ REPRESENTED-BY'HIS?-N*EXT FRIEND'/ MOTHER JiYOTI_~I,I*.g . I AGED ABOUT 31 .. W/O LATE HARISH . " f _ RESIDING AT QUARTERS No.10, POLICE QUARTERSAA ' KQTA P_OLIC_E STATION. ..... .. « 'VKUNDAP¥JRfiA 'TALigK APPELLANT (BY PRASAD --ADV.} " . ANIL MAJOR _ , S /LQTSACHIDANANDA CHASTRA " ROAD, KUNDAPURA ' SHIVARAMAYYA "S/O VENKATARAMANA ADIGA R/O BALEBETFU, MANOOR VILLAGE UDUPI TALUK £5' 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, KUNDAFURA REPRESENTED BY ITS DM, DO, __ SRIRAM ARCADE, HEAD POST OFFICE ROAD _ UDUPI ...RESPONDENTS _ f _ _
(BY SRLVISHWANATH SHETTAR – adv. FOR F33, ” *’ ‘
NOTICE TO R-1 & R-2 DISPENSED WITH V
V/O DATED 23.11.2005}
THIS MFA IS FILED UNDER s1:cm’r,:i17isz1;Aiosw
ACT AGAINST THE JUDGMENT1__AN_D AWTARD * ,0
22.09.2004 PASSED IN MVC’0NO_.254/-2000 TTE-IVEVFILE OF V *
THE CIVIL JUDGE (sR.DN;’}’,l. KUNDA?,UiRA;, ‘PARTLY
ALDOWING THE CLAIM PErn’*i-ON–,,_FOR’ COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL CONIING. FINAL HEARING
THIS DAY, N.K.P_ATIL. .DEL1VERED’THE_=F’OLLOWING;-
“””
This is appeal for enhancement of
compensation agaiiavstvflhe impugned common judgment
tgwara uxdat-ed 22.09.2004 passed in MVC
the file of the Civil Judge (Sr.Dn.),
(hereinafter referred to as ‘Tribunal’ for
shori;},___f’1awa1’ciing Compensation of ?3,20,000/– with
interest at 6% p.a.
2.In brief, the facts of the case are:
The appellant, aged about 1 year, 2 months,
represented through natural guarclian–m0ther, claimed
g./.
3
compensation of ?10,55,000/- on account of the
injuries sustained by him in the road traffic accident
contending that he was hale and healthy priorfitop the
accident and that about 9.45 am. on
he was proceeding on the scooter ‘-._:”r:-earinggg
Regn.No.KA.20.H3493, as a pi3=,iion,,.fid.érga1on,g’
mother, ridden by his ,.e’father,”.gfrom
Koteshwar and when they vdvireachged ‘:Kuri1bashi, a
bus bearing Reg.No,i{.Ai2O”i4X from Kundapura
side, being driven byits fclriverg i’n”¥_a and negiigent
rnanri–er,’– the scooter. Due to which,
the appeilarit ieli and sustained grievous injuries
suclh superfic.ia1.’abrasion over the iateral aspect of
‘ .v.iov.rer’v.o;ne¢t:hird of ieit thigh, fracture at the junction of
parietal and swelling of brain (cerebral
oedenia). On account of the injuries sustained in the
“if traffic accident, he has undergone treatment for a
“period of 29 days in the hospital. PW3–
Dr.Sathyanarayana Shenoy stated that water was
stored in the brain of the appeilant and it was removed
by inserting tube from head to stomach. The junction of
/
»4
1.Towards pain and sufferings ? 1.505000/–
2. Towards medical expenses ?
3. Towards conveyance, nourishing ‘_ .. O_O(i”– -« .. T» _
food and attendant charges
4. Towards loss of amenities, i _ A. _ – V
discomforts and unhappiness 1.00 /'”‘._2
5. Towards loss of futurefdinecome 2~;2’5;0O0/- if _
6. Towards future medical expenses 50,000/–
5.83,000/-
Tot
AR
7. to circumstances of
the case’, appeal filed by the
appe.ihvIarit’_’ the impugned common
by the Tribunal in MVC
No_;2o4./2CiOOi dVated :22.9.2004 is hereby modified,
“Ljornpensation of ?5,83,000/– as against
-{awarded by the Tribunai. The enhanced
compe’n.sation comes to ?2,63,000/- which carries
iinterest. at 6% p.a. from the date of the petition till
.rea}{isati0n.
The insurer is hereby directed to deposit the
enhanced compensation of ?2,63,000/– with interest at
zé~
6% p.a. from the date of petition till th.e,V;d.a_tev of
realisation, Within a period of four weeks _fr_orn’dvate,»
of receipt of a copy of this judgment
Out of the enhanced
proportionate interest shalliie invested ‘iriv-,lr”i;i§e’dwwD’eposit’ V
in the name of the .appellairitp5–_ in.._.an.3’/itNatiohalized or
Scheduled Bank, with liberty to
his ‘mother–.na;tu_ra1 the interest
accrued on weliare of the appellant
and the reniaininpg ?63,000/- with
accrued interest in favour of the
natural guardiai-:.. vofVV:the*-._appellant, immediately on
a€bean;n&ln§§neRrer” «r
to draw the award, accordingly.
Sd/«
JUDGE
Sdf”
EUSGE