K P Jayanna S/O Porappa vs M/S The Oriental Insurance Co Ltd on 9 November, 2010

IN THE HIGH COURT OF KARNATAKA AT 

DATES THIS THE 9TH DAY OF N0vEMBER.,.«.2._b_;.b__;§ 1; " 

: PRESENT :

THE HON'BLE MR. JUst§1cI§:'N.1{;'_TpAfr:i,'--   _ 

AND
THE HON'BLE MR. Juéficn H.S;IiEI%£:i5'A1§1\¥AH
M.F.A.1\fO"; 77:>;§§)1«'*':;2.Q£ 55..(.M\f1  

Between:

K.P.Jayar1na  ' '

S/0. Porapp.a,'~   = 
Aged abouii 48,-ye.a.rs';~ . "  A
R/at. K_,R.Ex¥;et;siQn, ,  V
M.G.Rbad; " -- ., ff.  
Tumkur. ._ -- 

 4. .      ...AppeHant
(By Smt. Srea~VidVya,"'fo1",.S"fi,, T.N.Viswanatha, Advocate)

'V  1., 'KM/«Oriental Insurance

 "€,'--orn._p'ar1y 

. '«.T-1R¢g:or;g1 omce,

' . By its Pflegi-anal Manager,
"-4*" F1o0r..,3*Lae0 Complex,
M...G".R0ad,

 _ T Banga1ore--560 001.

  i2.-._  A1111 Kumar Agarwai

Steel Enterprises,
Mandipet,

Tumkur. 

/



Tribunal, Bangalore Rural District, Bangalopreilaplfor

short, Tribunal' ) for enhancement of cornpeflsatioiril on

the ground that, the cornper1satior1.~V----o.l7:--«.. 

awarded in his favour as against  
lakhs, is inadequate. . A l A

2. The appellant  to   about 38
years, working as e and healthy prior
to the date of'5~C_$3ider1't';':.--fijhlatiéitlllabfilllltll '$10230 P.M., on
   with others was
returning _    "  Vlyietador bearing N0.KA-
06/ 3§84;  'l on account of rash and

negligent'ed.riving._bglf  driver of the said Metador, it

 dashedli' agailn'st.___the parked Canter bearing No.KA--

 '  a result of the same, the appellant

Sustainedllcifracture of both bones of right leg, crush

 injuI'ylo_r1.lthe right foot with fracture and dislocation of

A Q1" 

3. It is the case of the appellant that he has spent

considerable amount towards conveyance, nourishing

food and attendant cha es including medical expenses

'__H__"__H__,,i,_,.»



and other incidental expenses and therefore, he

be Compensated reasonably.

4. On account of the injuries"'lsustained 

accident, the appellant  clairn.xpletitionwujnder"'it

Section 166 of the.» .Motor""{leh.icles  before the
Tribunal, seeking  sum of ?06.00
lakhs   claim petition
had come'  the Tribunal on
261"    after considering the
relevant  file and after appreciation

of the oral"and .dc-Curnenltary evidence, allowed the claim

  inn part,""awarding a sum of "'\'75,910/- with

  i'1;.tere:st»..,at4V"6%_j..per annum from the date of petition till

the realization. Being dissatisfied with the

 quanttifn of compensation awarded by the Tribunal, the

ldtpapplellant is in appeal before this Court, seeking

 ». .._..enhancement of compensation.

%M



5. 'We have heard learned counsel for appellant

and learned counsel for Insurance Company' 

considerable length of time.

6. After hearing learnediecounsellé'--fo'r._'the"parties

and after perusal of the _iu.dgr___11ent" awardsppassegdlibyih't,

Tribunal including the original hgefore us,
we are of the View  assessing the
oral and doc1;menta13;:'_ " other relevant
material    iawarded just and
« /-- towards pain
and  'towards medical expenses,
$10,506  cogrwes/ance, nourishing food and
 S,O00/- towards future medical
\» 61;.ees  a sum of ?910/ -- towards paper
H  it does not call for interference.

it , "However, the Tribunal erred while awarding

Q "'c.ompensati'oi'ii' towards loss of income during treatment

' "and further erred in not awarding any

ilcoimpensation towards loss of future income and loss of

amenities, discomforts and unhappiness on account of

//
wW_"_W__H___a._....

I



disability. 'i'here is no dispute regarding the occiirrience

of accident and the resultant injuries   

appellant. 01': account of the irgjziries  lh'e7has

taken treatment for a total periodni 105_--v_days 

Hospital and underwent th3.*ee:l"surgeries.'~e.{ii  the it

gravity of the irzjm-'ies_ "-and thesurgeries
undergone, we infer  bed rest
and foHow--t;:'pl'treat1rientleat 2 period of four
months.  disability at 107% in
respect  respect of whole body.
Havingregard to  of injuries sustained, we re-

assess the lwho1e.'l'bodyl'disability at 36% by dividing 107

   being aged about only 38 years, at

   Eu:-cident, has to go through this ordeal for

the--- rest'  life and he cannot do his coolie work as

   Wassdoing before. The Tribunal has assessed his

l l"Vrlnorithly income of the appellant at ?1,500/~ at the rate

l V' "of ?50/~ per day, which is on the lower side and needs

to be reassessed. Having regard to the age, avocation

and the year of accident, we re~assess his monthly

/4..._.....



Bangalore Rural District, Bangalore, is hereby 

awarding a sum of ?2,49,280/-- as against"  

awarded by Tribunal, with interest 'at.5¢f;  on

the enhanced sum, from the date'.of-petitionitili 

of realization. The break»u'pvi4is~as follows:  A in

Towards Pain and striferingsn H " in "E-._ '4'0,'OVO0/--

_ V 3
Towards Loss of ""a;men.i,ties.    20,000/--
enjoyment in life '-  1    '

Towards Medica1,__Expe'nses::   17??' 07,3750/-

Towards canveytance, {nourishing-----~V" ? 10,500/--
food and atte1ac{ant_cIia:ges  ' '

Towards Losis of 'eamaiirigiorduang ? 09,600/~»
treatment--.1:)e::*iod*::,; « " * "  V  "'

Towards fiitiire.m'ediea1"eXpe11ses ? 5 .000 / -»

Towards Tioss of 2fi1ti1re_ income ?1,55,520/~

Towards'-paper 'publication ? 9 1 0/ ~
 t   " Total ?2,49,2so/-

 The first 'respondent -- insurance Company is

A~,.:ci_eposit the enhanced compensation of

with interest thereon at 6% per armum.

withintour weeks from the date of receipt of copy of the

A’ jn»d§ment and award.

On. such deposit by the insurance Company, out

of the enhanced compensation of ?1,73,3’70/~, 50% of it

with proportionate int est shall be deposited in Fixed
__y_M__,,,_,…,..

9

Deposit in any Nationalised or Scheduled Bank,

name of the appellant, for a period of V’

renewable for another five years, with ‘perm”issi_0n’i;o_ him”;

to withdraw the periodical interest.ia2__ A i

The remaining 50% of
with proportionate interest in”‘faVeur of
the appellant, imrnediateiigip/;~’ it .2 i ii i

Ofiiee to ‘

Mfg
.3i1dg7é

Sfl/5
Jfiagé

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