IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26%! DAY OF NOVEMBER, 2910 BEFORE T TI-IE HON'BLE MR. JUSTICE B.SREENIVASE. Miscellaneous First Appeal No; 2 ' dd BETWEEN Sri. K B Shekarappa, S/o. K Basappa, Aged 54 Years, Oec: Post Master, _ --. ; R/0. Kadaranayakanaha.11y,°j"V _ H _ Harihara Taluk, V Davariagere"D.1s_t1'ict... ' ... Appellant Adv.) AND! 1. The IVrd1diua.Ass:uranee Co. Ltd., 5 'Vali Complex, Shimoga Road, " H_s;1*iI_1ar, Daxzangere District Represented by its Branch Manager. Ramulu, ' S / 0}' eVei1kanna, Aged about 41 Years, R/':0. Kadaranayakanahally, Harihara Taluk. Davangere District. Respondents
(By Sn’. 8 V Hegde Mulkhand, Adv. for R. 1,
R.2–notice dispensed with V/O. dt: 20.08.10]
65:
This MFA is filed U/ S 173(1) of MV Act against the
Judgment and award dated:25.04.09 passed in MVC
No.i73/ 2003 on the file of Civil Judge [Sr.L’~r_1.) 8:
Member, MACT, Harihar, partly allowing the»~_e}aim
petition for compensation and seeking enhaneernént”~of
corrlpensation. :’ ” .;.
This appeal coming on forWHeariii1g;'”th_is”‘day., the
Court, delivered the following:
JUnoMENrp
This appeal is by’ therefor erihaneernent of
compensation awarded 3i’ri.b_iinat._
2. Heard.-.. 2 * it
3. ‘Co’:nven.ience parties are referred to
as they are refer”i5ed’to:’in””the claim petition before the
Tribunal. ”
Brievfgfactsiofthe case are:
i 1 when the claimant was going on
his motorcycle to his native piaee at Davanagere, near
gKama}a:pura gate on Nandigudi road, a motor cycle
bearing registration No.KA-i7/R3443 came in a rash
V. negligent manner and dashed against his motor
9;’.
cycle. As a result, the claimant fell down and sustained
injuries. Hence, he filed a claim petition before the
MACT, Harihar, seeking compensation of Rs. l,OC)__,0O0/–
The Tribunal by impugned judgment and aWar”d_:’has
awarded compensation of Rs.30,000/–
6% p.a. Aggrieved by the quantum of
awarded by the Tribunal the «.
seeking enhancement of compensation; it
5. As there is no…disp.u’te’A Vcregarding ‘occurrence of
accident, negligence insurer of the
offendii1g.,yehicie3,ww.the that remains for my
consideration: is:
dlwfhethéer ” the quantum of
compensation”-awarded by the Tribunal is
just and.__p_roper or does it call for
enhatncement?
1 the learned Counsel for the parties
and the award of the Tribunal, I am of the
xviewzthat the compensation awarded by the Tribunal is
it ‘llyrxotijust and proper, it is on the lower side and therefore
” is deserved to be enhanced.
7. The claimant has sustained the following injuries:
Fracture of radius and ulna of left fore arm.
Injuries sustained by him are evident
wound certificate -~ Ex.P.5, discharge
disability certificate — Ex.P.8, x-rayg films? ‘V .
and supported by oral evidervice of ..
doctor examined as P.Ws.’l:__and
P.W.2 — doctor has stated e\(idencc..t_hati§c1aimant
has suffered disability to upper limb.
8. if justvifieid in awarding global
compensation ~« instead of awarding
compensation under different heads.
‘ 9;, %30ns.idering”””the nature of injuries, a sum of
awarded towards pain and suffering.
lA(3’=..__ Clairriant has not produced medical bills
regarding amount spent towards treatment. He was
fntreated as inpatient from 22-2-03 to 10-3-03 for a
” “period of 18 days in Bapuji Heaith Centre, Davangere.
fig),
Considering the same, a sum of Rs.10,000/– is awarded
towards medical and incidental expenses such as
conveyance, nourishment and attendant char_ge,s’.’ ~
11. Claimant was working as a gPost.E\/l’asterland.V
he is retired. He has not produced’ certificate
rd’
regarding quantum salarylV_he_wasC’gettingC.:at§ti41e…tih1e or.
accident and leave certificate”regarding”nature of leave
and number of of for treatment.
Considering, for 18 days
and he treatment for a
periodwof Rs.8,000/w is awarded
towards loss laid up period.
12,5′ “Claimant after sustaining injuries, continued his
and there is no loss of employment.
has to bear with the disability stated
bykthevipdoctor at 35% to upper limb and as to whole
‘body it comes to 11%. in addition to certain amount of
Ciidiscdomfort and unhappiness which he has to undergo
it Wfor the rest of his life. Considering the same, a sum of
E5
Rs.25,000/– is awarded towards loss of amenities,
disability and future unhappiness.
13. Thus the claimant is entitled for
compensation:
1) Pain and suffering
2) Medical and incidental . A .
expenses ” p v1dG;OO’0/~
3) Towards loss of income V _ –
during laid up p_e_ri0d_ 3,000/~
4] Towards loss of arr1en_it.ie’s_ Rs. 25,000 / —
73,000/~
14. allowed in part and the
Judgmentlratidigaiwardaotl th’e”Twrihunal is modified to the
extentpstatedvi The claimant is entitled for
a total itTeoIripe1′;:sa~tion’7 of Rs.’/3,000/– as against
~ awar-uee’d by the Tribunal with interest at
enhanced compensation of Rs/£3,000 /-
date of claim petition till the date of
‘ realisation.
The Insurance Co. is directed to deposit the
“enhanced compensation amount with interest within
i-‘is
two months from the date of receipt of a copy of this
judgment.
16. Considering, claimant is a retired
he has facility of pension, entire edriipertsdatitrn ‘is it
ordered to be released in his fa\3’QuI5f ~ ‘;
N0 order as to costs.