, '- _ IN THE HIGH COURT OF KARNATAIQA AT BANGALORE DATED THIS THE 23"' DAY OF SEPTEMBER. 2010 BEFORE THE HON'BLE MR. JUSTICE B.sm=:ENIvAsE GOWDA Miscellaneous First Appeal No. 10641 BETWEEN Kum. Kavyashree, D/o. H V Shiva Shankar, Aged about 6 Years, R/ at S K Uskoor, ll Uskoor Post, Anekal Post, V' Anekal Taluk. [Via BommasandraflK _ Bangalore -- 562 213; V ' Since the Rep. by heéjfather./"Natural Guardian. Sharikaxj. ' Appellant: -- . Cll-anicslrashekar, Adv.) I)'ivj.SionaI Manager, Tlhej India Assurance Co. Ltd., _D;O,.¥'8, No. 4'7', GopalCornp1ex, .. li._Floor, Bazaar Street Yeshwanthpur Bangalore -- 22 2. Mr. Suresh B S, Major, S / 0. Somashekar, Near Basavanna Temple, %/ Chikkabanavara Post, Jyothi Mahal, St. Marx Road, Bangalore - 560 090. ... Respondents
(By M / s. S V Angadi Associates, Advs. for
Notice to R2 is dispensed with]
This MFA is filed U/S 173(1) of MV Aagigaasi
Judgment and award dated: 15.3.2008.pas–sed_1’in’ Ml\/'{‘,_p
No. 4840/2007 on the file of the..XII_I Addl. “Jufdge’,.Cou,rt ‘ r
of Small Causes, Member, MAC’1’_{‘Metropolitan Area,
Bangalore, [SCCH.No.l5], par1jly1__allowi~ng_thef’Cl.aim
petition for compensation;a_r1d seeking enhancements ofg
compensation.
This appeal coming VA’»Adrnislsion,/this day,
the Court, delivered fo1_lo\gs.7ir1g_;_
l2Th–is Claimant for enhancement of
compensatiorl the Tribunal.
E}_fieard.l “Tl1e…..appeal is admitted and with the
‘ learned Counsel appearing for the parties, it
is final disposal.
3. ~ For the sake of convenience parties are referred to
.as'”t_lhey are referred to in the claim petition before the
lTr’ibunal.
4. Brief facts of the case are:
That on 25-5-07, When the claimant was crossing
the road in front of her house on 431 cross. at
V.V.Layout, a motor cycle bearing registration fNo.KA-
04430-8614 came at high speed in a rash
manner and dashed against her.
claimant fell down and sustained _inj#.V1ries’, ‘
a minor, claim petitioncwas filedl”~thro1V.1vgii.. her
who is her natural WMACT,
Bangalore, of l3V{Vs.i%,OO,0O0/–.
The Tribunalpby amgugiiegillj;idgni¢l:§iand award has
awarded /– with interest at
80/0 lvpia: “l quantum of compensation
awardedi«._il)y’v. the claimant is in appeal
enhancement of compensation.
‘ ‘_’t.h’er_e is no dispute regarding occurrence of
l’accident;’j_negligence and liability of the insurer of the
oflendigng V€hiCl€, the only point that remains for my
3″ _co”nsideration in the appeal is:
VVhether the quantum of
compensation awarded by the Tribunal is
just and proper or does it call for
enhancement?
6. After hearing the iearned Counsel for the parties
and perusing the award of the Tribunal. I am___of the
View that the compensation awarded by the is
not just and proper. it is on the lower
it is deserved to be enhanced.
7. The ciaimant has sustained 1t_he’;foIio\’Virig
Crush injury’io”‘~.her right. _gri’eat;.__”toe. and it
was amputed.
Injuries sustaiiied ‘evident from the
wouridddwt’ discharge summary _
Ex.Pz.’6.– «case X-ray –~ EX.P.1I and
supported by»or’-a1i’cViCi.enoe of the father of the claimant
‘ . and doctor exarfiiried as P.Ws.1 and 2 respectively.
3 1 an Orthopaedic Surgeon has stated in his
claimant has suffered disability of 24% to
AA rightiipper limb and 9% to the whole body.
Considering the nature of injuries. Rs.40,000/~
awarded by the Tribunal towards pain and suffering is
$3,
on the lower side and it is deserved to be enhanced by
another Rs.10,000/- and I award Rs.50,000/– under
this head.
9. Claimant has produced _,:fo,r
Rs.25,429/- and the Tribunal has awardfiéli
towards hospitalisation charges and 4exp,en.s_es;,
which is not Correct. The’refore,”‘avl’sum
is awarded towards per bills
produced by the
10. Claimant was 22-5«~07 to
26~»5«~O7 ir’i”:HOSMAT hospital},
the same, Rs.5,000/- awarded
by the incidental expenses, such as
coi1Ve;yance,l l°foQC1_r.vand nourishment and attendant
‘ chargesi ivispljust and proper and there is no scope for
l’ enhanceliiieiit under this head.
pp Claiinant must have been under rest and
it it treatrrlient for a period of one month, during which
hlgperiod, she must have been looked after by her parents
leaving their regular work. Therefore, Rs.5000/~ is
awarded towards loss of income of the parents during
laid up period.
12. Claimant who is a young girl aged a’:b’ou.t
at the time of accident, has :i’ost—-her’_:’greatj.toe.u’
Considering the disability stated doctor
to limb and 9% to whole Rs.V.25,.000_”/,– xawardjed V
the Tribunal towar.d’s.__loss*t’ol”‘a.rnei1ities lis”‘o11’l’the lower
side and it is deserved be_.~..enhan_ced by another
Rs.25,000 I a§wa:dI”.~Rs-sol,iooQZi% under this head.
13. about 5 years. Multiplier
applicable wtoulageis ‘ 15’. Notional income can
be takelngas, – per year. Doctor has stated.
su.ffe’1*ed____d»isabi1ity of 24% to right upper limb
‘ iteorwhole body, which may be taken as 10%. So
of income works out to Rs.22,600/–
(Rs~;l5;.,.000/– X 10/100 X 15) and it is awarded as
, Rs.20,250/– awarded by the Tribunal.
gf.
14. Claimant by virtue of loosing her right great toe is
deprived from participating in sports and other
curricular activities like that of a normal girl andfttgwill
also cause inconvenience to her education and
marriage prospects. Considering the a.js11_ri13o«f__
Rs.50.000/– is awarded towards :ncontreni4e’nce-catidsed
to education career and losséof marriage pVro.spects.°’: V
15. Thus the claimant is” for ‘vt-heJ§follo\m’.ng
compensation:
1} “_l3ain_and*su_ffering Rs. 50,000/–
2) __ “[~/Eedfic_a1 *expenses«– f . V Rs. 25.500/–
3) 3 InCidei1tal”e§gpenses3 Rs. 5,000/-
_4_L]_V “of income- of parents
” = ..durin’glaid_t1p period Rs. 5000/ —
-. ‘ Towards of amenities Rs. 50,000/-«
8) «. Incon$2=enience,.caused to
‘V L «education C-ar’eer and
_ _ ~ rria.rr3.age prospects Rs. 50,000 / —
V ‘7) Future loss of income Rs. 22,500 / –~
Total Rs.2,08,000/~
Acco-1’dingly the appeal is allowed in part and the
AA Judgment and award of the Tribunal is modified to the
–..V”eXt=ent stated herein above. The claimant is entitled for
….:%a total compensation of Rs.2,08,000/– as against
(§/
Rs.1.15,350/~ awarded by the Tribunal with interest at
6% pa. on the enhanced compensation of Rs.92.650/–
from the date of claim petition till the of
realisation.
17′. The Insurance Co. is ;direoted”..’to.” the’
enhanced compensation amount “with in-te’rest it
two months from the date’*va.of-i.receipt_o£ta: this
judgment.
18. The entire ;a”m'” oiint’ c.ofnpensati0n with
proportionate ‘intjerest__ is, ordered to be invested in FD.
in any–vnationaiizeci–o1=._sehed1,iled Bank or Post Office in
the name of elaivriiaant for a period of 12 years, with a
provisionfor renewsalfif it is beneficial to the claimant
an”eo.n_dition that. there shall not be any
V ‘pi*en1at’tir’e:’withdrawal or raising of ioan on the FD as
Q” i the Tribunal.
“No order as to costs.
Sd/-~
Iudge
Ingn*