High Court Karnataka High Court

H R Dinesh S/O H.T.Rajappa vs K M Chandrashekar on 3 September, 2009

Karnataka High Court
H R Dinesh S/O H.T.Rajappa vs K M Chandrashekar on 3 September, 2009
Author: K.L.Manjunath & B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 03% DAY OF' SEPTEMBER, 2009

PRESENT

THE HON'BLE MR. JUSTICE K. L.  AA A

AND

THE HON'BLE MRS. JUSTICEI3A.V..NAGAI?{ATHNA*"*AI A'  _

M.F.A.N0.71o'4»/E007   
C/w.M.F.,A.NO.7.1-015,/2'0Q7{MV]~.... 

M.F.A.N0..'_7104/2007'   ;  "

BETWEEN: 

 RA'DINEsI'I;s/OH T RAJAPPA

AGED ..   A
CONSULTA}\TT._E'N_GIN.EER AND CONTRCTOR,
R/A1: HAN2?:K0DI,I'I:III,LAGE,

_ .SOMWA_RP.ET 'I'ALUK.
..  KODAGU" DISTRICT.
' V. A A'     "  APPELLANT

     ASSOCIATES)

1 K M CHANDRASHEKAR

A 'A  s'/"0 MARIBASAPPA

.  PLANTER,
KEREHALLI VILLAGE.
NEAR SHANIVARASANTHE
SOMWARPET TALUK,
KODAGU DISTRICT,

2 THE BRANCH MANAGER %



ORIENTAL INSURANCE CO. LTD.,
MADIKER1.

3 M s SELVAO ALXEAS CI-iiDA.1\/IBARA.
SHANIVARASANTHE,
c/0 K.M.CI-IANDRASHEKAR
KEREHALL: VILLAGE,
NEAR SHANIVARASANTHE
SOMWARPET TALUK,
KODAGU DSETRICT, 
4 H- R SURESH
s/0 H.T.RAJAPPA
AGED 39 YEARS,     . g  
PLANTER AND s0cIAL'wjGRKER; ._ A 
HANACODU VILALGE,    *-
SOMWARPET TALIJK.  ' ~ G A _
 A' ---  RESPONDENTS

[By Srjizfl .G’FoR’%m’ V$ri.P B RAJU FOR R2
R3 A A

M.F.A.NG~.G71o3;’2t3o-7(iv;§jj

HR GANESH s/0 H T RAJAPPA
_ AC:ED”3_2″YEARS
,¥>LA1xJTE;R’
R/,0 HANAKODU VILLAGE
SQMWARPET TALUK
KQDAGU DISTRICT

, . APPELLANT

A [33ysri:1~:EGDEAss0cIATEs)
AND:

I K M CHANDRASHEKAR S/O MARIBASAPPA

‘B.

_3_

PLANTER

KEREHALLI WLLAGE
NEAR SHANIVARASANTHE
SOMWARPET TALUK
KODAGU DISTRICT

2 THE ERANCI-I MANAGER ORIENTAL INSURA.NC’E
COMPANY LTD A
MADIKERI

3 M S SELVAC ALIAS CHIDAMEARA O ” ”

SHANIVARASANTIIE ‘ 1. ” = ‘
C/O K.M.CHANDRASHEKAR
KEREHALLI VILLAGE: .0 *

NEAR SHANIVARASANTHE
SOMWARPET TALUK ”

KODAGU DISTRICT _ _

4 H R SURESH S/0 T=RAJAPR.A.., ‘ I

39 YEARS ‘1 I i

PLANTER AND SOCIAL WORKER
H1ANAC.OBU.1VILl;AG-E’ A
SOMWARPIET TAI ,UK s

* ‘ RESPONDENTS

[By B R2)

‘ _ 11./1I«”AEfI’LED U/S 173(1) OF MV ACT AGAINST THE

A-JU_DGME1\¥’T AND AWARD DATED: 14.02.2007 PASSED

IN MVC’ –NO};7V3/2001 ON THE FILE OF PRESIDING
OFF__ICER,_ FAST TRACK COURT & MACT, KODAGU,

DISTRICT, PARTLY ALLOVVING THE” CLAIM
” OPETITEON FOR COMPENSATION AND SEEKING
“EI\Ti*iANCME “F FOR COMPENSATION.

C V’ ‘”Nagarathna J., delivered the foiiowingz

This Appeal Coming on for admission this day.

9;…

J’UDGMENT

These two appeals arise out of the common

judgment and award passed in M.V.c.No.73/2001-and

M.V.C.No.69/2001 disposed of on

MACT, Madikeri.

2. These two appeals are

seeking enhancement of comgfiensathion ‘V

the said common judgment and in re’s’pe’et of the

accider1ta§£'”s1rstained'”‘by'”them in a road traffic

accident that 28.11.2000 at about 8.30

p.m. Vwvhent”the’ elafimtantzappellants were on their way to

Vil.1age I-‘I’ar1:’–1’C’odu from Somwarpet on their

No.KA. 12 /E– 5098.

‘V 3. elairnant in M.V.C.No.73/O1 H.R.Ganesh Was

‘..f..riding the motereycie and the claimant in

‘ O1 H.R:Dinesh was proceeding as a pillion

When they were driving towards Kibbetta, the

driver of a Mamthi Van bearing No.KA. 12 / M-9636 came

in a rash and negligent manner and dashed against the

EL

/4

motorcycle. As a result, they fell down and sustained
injuries. Ganesh was shifted to Government Hospital

Somwarpet for first aid treatment and then he.-.___was

shifted to NIMI-IANS Bangalore and Wthen.”j–..:’to

K.R.H0spita1, Bangalore, wherein he was

days. Similarly, Dinesh was alsci’s}1’iftsg1′..to

Hospital at Somwarpet and thereafter. he too_1:Atre.atrnent’~.

at a Hospital at Bangalore. shad V

suffered permanent’ disability t–:’:.Qni’~..paccountll’ of the
accidental injuries, they t1e€ili~»ll[respective claim

petitions seeking c1oinpen’sation”on various heads.

4. After servicef._lof__:”notice by the tribunal, the

respondents ._appea1l'”edb””.and filed their statement of

l V. “‘-obj’ec{tio”ns and contested the matter. in support of their

‘ let in their evidence both oral as

wel-l.__as__doci::rnentary. On the basis of the material on

:”r.ecorci.*..- ” the tribunal awarded compensation of

as-.1.i;ts’s7,6oo/– in lVl.V.C.No.69/01 and Rs.2,85,300/– in

,..1’vl.V.C.No.73/01 with interest at 6% p.a. from the date

of petition till realisation. Not being satisfied with the

said award the claimants have preferred these appeals.

fly,

5. We have heard the learned counsel forhthe

appellant and the learned counsel for the

insurance company.

6. insofar as M.F.A.No. 7 103 it concerned ;’ ‘i ._

submission of the learned lco.ui1.sel for._ the is it

that considering the the
evidence let in, the id a meager
compensation. charges and
transportation.”cliarVge:s:’:as on the head of pain
and no compensation
was awlardedl expenses. He further

submits that._:VtheT’ appellant was earning a sum of

llV.”‘R.sq.;i~;60ip;I»;’l-put lthelvsame was not believed by the

Itri1<1un'a1:°andfrneager compensation has been awarded

onthe loss of future earning capacity.

Insofar as IvIF'A.l\§"o.7l04/'O7 is concerned, learned

o'oun'sel for the appellant submits that the award made

i the head of loss of income during the laid up period,

attendant charges, transportation charges as well as

future earning capacity are on the lower side and that

7*…

no compensation has been awarded towards
nourishment and diet charges and that the award made
under pain and suffering, loss of amenities is aiso on

the lower side which calis for interference

appeals.

8. Per contra, learned coun_sel.__for .”the”‘iii.’nsurance_V

company, supporting the judgment

that in the instant case; -considering’ the of ” it

injuries and the evidence on-record, thetribunal has

awarded a just and proper’ which does

not call for inte1″fe.rence._in–these appeals. Having heard

the counsel on the only point that arises for

our45consi_deration__i_sas to whether the appellants are

V”. en’tit1ed_ to ‘addi_tional Compensation.

as the appellant I-I.R.Ganesh in

CfJ’viFA..,No.7i03/O7 is concerned, from the material on

d record, it is evident that he sustained grade I open

fracture of shaft of left femur, fracture of mandible,

coxnminuted fracture of right clavicle, deep lacerated

wound over anterior abdominal wall with peritoneum

fir»

-3-

exposed, pneumothorax on left side, concussive head

injury with mild diffuse cerebral edema and _.deep

lacerated wound on the face and dorsum of right

Three doctors were examined to prove that

treatment and they have stated’ that p_t’her;e

disability to the whole body. the_-v_,A.sametV

consideration and taking the it the
appellant was engagedwiifi ._ and lvooking after
coffee plantation, a sum has to be

assessed as” 2: the appellant.

Accordingly; ciihsabvivlity and by applying
appropriate and considering the fact

that the appeI_la_nt..’was years at the time of accident,

of..ppRs.éV4,'(§()VO/~ which is rounded off to

as compensation on the head of

loss-.__of earning capacity. Similarly, on the head

“of attendant and transportation charges a further sum

,.’t’of’Rs:”10,000/~ is awarded. As far as pain and suffering

it -isconcerned, considering the nature of injury sustained

by the appellant an additional sum of Rs.25,000/~ is

awarded. On the head of loss of amenities, a further

)’;.,,

N194

sum of Rs.10,000/– is awarded and considering the fact

that he had undergone surgery and there wp’p””Were

implants, a sum of Rs.l0,000/– is awarded

medical expenses and thereby

enhanced compensation of

carry interest at the rate o’f,_(_3% froIn””the:’_dat%e.’.of

claim petition till realisationf”7lflieu avvxarduilrnade on the
other heads are left of the said
enhanced corngiensationlda Vp’Rs”.5O,OOO/- with

proportionate _ €s_ha1l.f §blelV:’deposited in any

nationialised.:lianl{§vf’or:l’a1fl’linitialperiod of five years and
the appellant– »»i:e~ntitled to draw periodical

interest onluthe said deposit. The balance compensation

if released tothe appellant.

to, the appellant in M.F.A.No.7104/O7 is

cori.cerned,l’.ii’rom the material on record it is evident that

V”‘heiphad..-sustained fracture of right squamous temporal

” . ‘ ‘xyall-,*’ sphenoid sinus–post traumatic collections, left

~»v-parietal/parietowfrontal chronic subdural haematorna,

right parietal cortical focal calcifications–gran1.rle

umayous and concussive head injury with fracture of

fin.

-10-

right squamous temporal bone following which he has
severe sensory neural hearing loss in the right ear and

and it has come in the evidence that there was of

hearing. Considering his qualification as

Engineering and that he was working 9

and also doing contract work,

income to be at Rs.5,ooo/–._ andflthe ‘for if.

permanent disability at the
appropriate multiplier._..’:of_’ Rs.23,400/–

rounded off to Rs.25,:GG9h/:3 is the head of

loss addition, a sum of
Rs.6,000/l-« is loss of income during

the pgperiodh’ treativnent and an additional sum of

is awarded towards attendant charges and

tgharges. A further sum of Rs.25,000/~ is

awarded the head pain and suffering and an

sum of Rs.30,000/~ is awarded towards loss

uglll-ot’–».arn.enities and a sum of Rs.l0,000/- is awarded

….tswards nourishment and diet charges. Considering

V the fact that the appellant had undergone surgery and

there were implants and for removal of implants, future

fie»

-11-

medical expenses is required. On re–appreciation of
evidence on record we feel that towards medieal
expenses a further sum of Rs.25,000/-
awarded thereby makingfitidae total

«Liv , ~
X, ~- Rs.I,33.000/-. The enhanced (i3QInpe1i1’sat1or;.. A,,é_;;_,M_,: 56, I B

Vt.

carry interest at 6% pa. fro’In.__.theAVdate of £5;
till realisation. Out of the ‘Co_n1pen’sation a Eyv: mg
sum of Rs.1,00.00() interest shall
be deposited in an initial

period of fiVe§’.yeafs._r_and appeliantis entitled to draw

periodiioaiv Tjhefibalaneev it compensation shall be

released. to-t1’V1e– ~ .

11. It is”‘rnadve (:1_ea.1f in both the cases, with regard

_ to medic-a:1Vv_expenses there would be no interest

/(he amounts. %

12. For the aforesaid reasons, the appeals are allowed

in part.

S>E=