IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 25"' DAY OF OCTOBER. 2010 BEFORE T HE HON'BLE MR. JUSTICE B.SREENIVASE Miscellaneous First Appeal No. 2931 p BETWEEN Sri. John Shanthkumar S/0. Vinod Sampthkurnan Aged about 35 years, '' Residing at "SHUSHANTI-I" A . 2nd Main, 3rd B Cross, N. J. Extension, ' Turnkur Town. , 'Rangasfieamy, 1 Aged about 35 years, ?No."2.., Vittalmalya Road, v.Banga1ore -- 560 001 " Ckiental Insurance Co. Ltd., Office, TGMA Building, .. 'let Floor, J. C. Road, "7-Tumkur. (By Sri. P B Raju, Adv. for R2, Appellant Respondents
R1 — notice dispensed with V/0. dated 20.10.10)
4%
This MFA is filed U/S 173(1) ofMV Act against the
Judgment and award dated: 16.01.2009 passed in MVC
No. 909/2007 on the file of Additional Civil Judge
[Sr.Dn.) 8: Member, MACT, Tumkur, partly allowing the
claim petition for compensation and seeking
enhancement of compensation.
This appeal Coming on for Admiss
the Court, deiivered the following: _
J U D G
This appeal is by the clalimant
compensation awarded hy-v.t:l:e>Trit>unal.,:
2. Heard. The ;—-appeal””‘isl_:’admitted”and: with the
consent of learned Clionnselillalppearinlgfor the parties. it
is taken’ up”for-.final”disposal.
3. F’o_rtthel”sake of honvenience parties are referred to
are “referred to in the Claim petition before the
‘ “”iTri’o1i’na’l,._ _
._ 34,: :l3jri_et;’faets of the Case are:
. on 2-6-07, when the Claimant was
it ‘ proceeding in motor bike bearing registration No.KA–O6–
14 along with pillion rider towards Heggere to visit
on. _Tth’i’s %
their relatives house, and when they reached near Raja
clay Works on N.H.No.206, the rider of Victor
bearing registration No. KA–Ol–Y–7238 carr1e.H:in:”pa..,:.Vrash
and negligent manner and dashed agairrgt theiirx
bike. As a result, the claiman.t’Afell«dAown,a.rid«_sustained 7.
injuries. Hence, he filed a petition -befo.rezth-ep
MACT, Tumkur, seerfl1f<VTi:1,g V.
Rs. 10,00,000/–. The pmb;m;s,,z jg J1r§yr1;r1p&a,gtnead judgment
and award has Rs. 1,00/182 / _
with interest':at'–6°/cl: the quantum of
Fribunal the claimant is
in appeal' c.nh.a11c_ement of compensation.
5. Asfcpherell isv’ln’o.:_udispL’1te regarding occurrence of
auc-ii:,ident,Vv negligence and liability of the insurer of the
‘ vloffendvingv’~yfeh,_icle, the only point that remains for my
“consideratio’r1 in the appeal is:
Whether the quantum of
compensation awarded by the Tribunal is
just and proper or does it call for
enhancement?
%.
6. Mter hearing the learned Counsel for the parties
and perusing the award of the Tribunal, I arngof the
View that the compensation awarded by the is
not just and proper, it is on the lower
it is deserved to be enhanced,” A
7. As per wound certificate “x.P.5;”ciia.i.rna1dt has’
sustained the following
1) Graded corriv:i”r1i.Annted:v’ ufr–Va’ct:ure of lower third
both.bones=of’right”1eg_._i i V dd
Injt1ries’».snstai’r1ed.’b3r.i’him”‘are also supported by
oral,’dVeViderrce 0f4th.e”c_iaimant and doctor examined as
P.Ws.’2V and 3 .res:pectix_fe’1y’.
I_i”3.W.3.’~%*Dr,._..7E’yagaraj, in his evidence has stated
has sustained Grade I compound
.’ co’mrnin.a’t_e.dVsegmental fracture of both bones of right
leg he was operated and discharged on 13-~6–O7
A an advice to come for follow up treatment as out
Viépatient. Claimant was examined recently on 29-11-08
and the following was noted :
®(
X~ray fracture well united. He has knee
movements 0-90 degree, flexion and ankle, 0-10 degree
dorsiflexion and 0-10 degree plantar flexion_.-present
unable to squat and sit cross leg. He has
partial disability of 30% of that limb,
body.
8. Considering the 1:-.’atu_re
awarded by the Tribunal andfisuffering is
on the lower side to be enhanced by
another Rs,_2dO,,_0()Q/3″aridl_1’ii.c,l:awai*d::..All.tis..30,000/– under
this 5:.~;i. * 0 1 V 0 ll
9. As-A by the Tribunal towards
medica14_lexpensesl per medical bills produced by
ciairriariathe same is just and proper and therefore,
» ” -it doe’synot- call for enhancement.
was treated as inpatient for 1 1 days in
‘lbrthopaedic and Trauma Centre, B.H.Road,
” Vtlfurnlltur. Considering the same, Rs.5,000/– awarded by
Tribunal towards incidental expenses such as
fig
Conveyance, nourishment and attendant charges is on
the lower side and it is deserved to be enhanced by
another Rs.5,000/– and I award Rs. 10,000/– under this
head.
11. Claimant claims to have been
per month, by working as an. ,Qperator::F[;nd”Kirlosl§arn»_
Electric Co. Nature of injuries
been under rest and treatrne:nt” tor “of
months. Thereforexa Rs.1¢l.500/ awarded
towards loss of incolrnae’ as against
. !
Rs.2,621 /_–y agmrde.aii5y gne1.«g.b.mas.
in his evidence that even
after » 11%}-«uries, he has continued his
said Kirloskar Electric Co. Hence,
‘ ,..V”qV11yestion’v..of, awarding compensation towards loss of
future’inr:ome does not arise. Nevertheless, he has to
bearhwith the disability stated by the doctor at 30% to
and 10% to whole body, in addition to certain
amount of discomfort and unhappiness which he has to
undergo for the rest of his life. Therefore, Rs.5,000/–
8%.
awarded by the Tribunal towards loss of amenities is on
the lower side and it is deserved to be enhanced and 1
award Rs.50,000/– under this head. _ pp
13. Thus the claimant is entitled for
compensation:
1) Pain and suffering, O00/.~_~V it 1.
2] Medical expenses T 3 ‘-._4-?,;86′},::_/If’
3) incidental expenses T Rs’; ..
4] Towards 1ossV.of4incorae”– A . it ‘
during laid up-.p’er_iod ” Vits.””~.:VIZie;5’0O/–T”
5) Towards loss of “a.1_nenities’- ‘_ Rs. 50,000/–
,’r’otai._ Rs.1,52,361/-
14. Accordirigiy in part and the
Judgment of the Tribunal is modified to the
extentddttstateddttherein.above. The claimant is entitled for
compe.n.s_ation of Rs.1,52,361/~ as against
a iv.4(:)”O_,4S2-A/~ awarded by the Tribunal with interest at
the enhanced compensation of Rs.51,879/-
rounded of to Rs.52,000/- from the date of claim
in . jppejtition till the date of realisation.
15. The Insurance Co. is directed to deposit the
enhanced compensation amount with interest within
two months from the date of receipt of a copy of this
judgment.
16. Out of the enhanced Compensation”
proportionate interest is ordered to
in any nationalized or scheduled-Biankd of -i
the Claimant for a period 6 Varid’the.,rernaiini–ng
amount with proportiona_te-in-terest’ ‘-i«s_._ord§ered to be
released in his favour’. _
Sd/…
Judge