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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 157 DAY OF SE¥"l'EMBER. 2010
BEFORE
THE HONBLE MR. JUSTICE "
MFA NO. 30733 or 2003 E.
BE} W EEN
KUMARI SONABAI D /0 BANSIRAM
AGE 15 YEARS, OCC STUDENT -
U /G OF HER REAL FATHER
BANSIRAM S/O. CHANDAR _
AGED 40 YEARS, OCC C.QOL1E,_.««-« _ "
R/0 WASHER, TANDA, __ _ ..
NARAYANKHE1) NOW AT"E1EAR0 2, ;
-- V 1 ...APPELLANT
{BY SR1 SANTOS}! 131RA:)AR,. A«::>v--.)_
1 . 'rRE_1:5EP0T¥ VcrjrAJSERirA1UR,
OF F0-RES1', soC1A§,.._FoREsTRY DIVISION
.<B1T3AR - 53.5401
' E1REC'Ir.)R',"'
, KARNA'1'2'---\KA GOVT. INSURANCE
_ A.D'i1'.,_If~"1'; MQ"1j0R BRANCH
._ A B"ANG_I,oRE W 500001
' " RESPONDENTS
{BYE SHRANABASAPPA K }3ABSI"IE'I'I'Y, HCGP)
THIS MFA IS FILED U/S 173(1) OF' MV ACT AGAINST 'I'I*'£E
"'..VJ0"r3t3M1«:N'1' AND AWARD DATED: 30.6.08 PASSED IN MVC
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NOK74/()3 E56/O3} ON THE FiLE OF THE PRESIDING OFFICER,
¥'I'C--IV, 81 MACT. BIDAR, PARTLY ALLOV-'VINO THE CLAIM
PE'FE'I"IOE\l FOR COMPENSAUON AND SEEKING ENHANCEZMEENT
OF COMPENSATION.
This MFA coming on for admission, this
court delivered the following: v 0' A'
JUDGMENT
This Miscellaneous First’;
Section 173(1) of the MV agai~ns’t– the
award dated 30.06.2008 passed in ll/i-VlCi’f\lol.l374/2003
on the file of the Preeitzangldo-ffieeeirrcmrv, MACT Bidar
partly allowingthe epehtlitionfor’eo-rnpensation and
seeking “enhancement; of coniperisation.
2.,’ This listed for admission. With the
consent. of the learned counsel for the appellant as well
Court Government Pleader for the
C” ~re’s.pon’de’n_ts~;this matter was heard on merits.
” Learned counsel for the appellant has
produced the certified copy of Ex.P-l. First. Information
,
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Report, EJx.P«2 Complaint, Ex.l?’»3 Spot Panchnama,
Ex.l?’-4~ Wound Certificate, l:’.x.P-6 Disability Certificate,
Ex.P–8 X»ray Report and also medical bills andlvhave
perused the same. The materials placed
Court is sufficient to dispose of this 1natter.l”~..:. ‘ in
4. Parties will be referrhecll
status in the Claims Tribunal.
5. The case of th’e:”‘elairnant Claims
Tribunal is as unclert”
VThai,~.o’ri thefnlinor claimant was going
by walk ltowartylisj at that time the car bearing
its driver ceune in rash and
njlannefanld hit to the claimant, as a result of
the the claimant sustained injures.
V was a .st’udent.
6,; age of the claimant was 10 years. She
£3;/’
“.4 ll;
7. Respondents have filed the objection
statement in the Claims Tribunal as under:
Averments made in the claim petition were all
denied. The alleged accident took place due to.th-e_l’1?ash
and negligent driving by the driver of
No.C.’i’.G–1004 is denied. The tregatment’vtjaiieririihy the’
minor claimant is also denied.
8. The sum and sub_stance_lof
Claims Tribunal is as under;
“Tri’i’31gii1ai relying on the oral evidence
of PW¥.l and evidence viz., Ex.P–1
certifiedcopy of complaint have come to a
ce:nlclti£S.ior1.. thaltllthelaccident occurred due to the rash
and 1 driving of the driver of car bearing
The Claims Tribunal has awarded a
Acompentsation of Rs.36,400/– with interest at 6% per
annfum from the date of judgment.
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LA’ 5 JV
9. Feeling aggrieved by the same, the claimant
has preferred this appeal seeking enhancement of
compensation.
10. The Claims Tribunal relying onithe it
of PW–1 and also documentary;evidence:
F.I.R, Ex.P~2 Complaint have coineito a conchisiionj
the driver of the vehicle in (ii1!%s’tion drove *the’:’vehic1e in
rash and negligentrrianner. ‘Vif1’heV.vVvrespondents though
taken contention thatntiiere negligence
on thei’part’:iieof but they have not
adduc’ed:the driver of the car. Normally
no Veontriibutorypfnegiigence can be contributed on the
m’in:or,.A’-sehiildrenii”Therefore the finding recorded by the
is so far as accident is concerned is
based appreciation of evidence and does not call for
interference.
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11. The next aspect that a.rises for my
consideration is:
“Whether the compensation awarded by the
Claims Tribunal is reasonable or seeks
enhancement?”
12″ My answer to the above points_is- K V’
It is the contention of the
appellant that the claimant has illsustainedlaceratedvy
injury over the left frontallllftegion oflllthethealdg 2″ x 1/2″
skin deep. The the injury No.3 is
grievous in nature. of the learned
counsel that the Claims Tribunal has
over leekea .,E$<,.1:$;a_";j_isabi1ity Certificate wherein the
vvyhasllsustained permanent partial disability of
V limb at 40% and whole body disability is
is the X~ray report. Its contents disclose
that claimant has sustained following injuries:
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i. Old healed fracture of mid shaft of left femur
noted.
ii. No lytic or sclerotic lesion seen in femur.
iii. No cafcification or foreign body seen .p’i’n_s0ft
tissues.
iv. Cortex medulla of femur are nor1i’:–a1.Ai A ~
Therefore he seeks for enhancjern’en’t0V __0f’
compensation amount.
13. Learned High Goverriemelnt for-it
respondents support thepu.—irr’1pn’gned’ fijurslgrrfent and
award. He submits f’e§§m:pe_11sdat.ion awarded by
the ‘Ilrib’un.ai’_:;pi’s ar.ni–.feasonal3Ie.
* the certified copy of the
Ex.AP«4 ddtiertificate. The wound certificate
disclosesthat c1aimant~So1’1aba1′ was treated at
:C.’:eneral..d.vIFf0’spitai, Humnabad on 09.02.2002 and she
has sustained Contusion of size 3″ x 2″ over the left
Z Abrasion over the right foot 3″ x 1″ bleeding
‘ Lacerated injuiy over the left frontal region of
{y
_ 3 –
the head 2″ X 3/2″ skin deep. According to the opinion of
the doctor the injury No.1 is grievous in nature. Injury
Nos.2 and 3 are simple in nature. Age of the injury
No.1 is 2 hours.
15. EX.P–6 is the Disability Certificate
Dr.V.S.Sajjanshetty, Orthopedic »AA»S.t,14rgeo~Vr’1H,l ” Ill!” 2
Its content discloses that
Bansi, R/0 Vasar is aged -about l’3.__years.: ‘on her”
physical and radiological elxairninationslor1–..’2.2§,03.20O5
discloses that, modergiteiyi.lV1″yvasted».VL”left thigh with
restricted mo\i”ernler1’tsfvof Shortening of
the limb by partiaily bent
femur. Partial loss ‘power the limb, not able to
walk E”S”L]pVV’I;\(‘)’I’t ofmflstick properly. Permanent
partial lower limb is 40% and whole
disability .
we
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Wound Certificate, E:-<.P–6 Disability Certificate and also
EXP-8 X–ray Report. in my View the claimant is entitled
for a compensation of Rs.22,000/- under the head of
pain and suffering.
19. After the accident the
Walk without the help of stick, lllsufferetill
mentally. bodily pain. Thie.re1s’l
enjoyment of life by the A’I*he1’efor.el e._o’nsid’ering V it
this aspect, in my View — is “awarded under
the head of loss of amlen_i’tie’S.,V f
3:20.’ _A is the resident of Washer
Tanda.” The claimant has taken
Venkateshwar Clinic, Hurnnabad and also at
. ;l’l1’ereiore the claimant has taken treatment
at”‘differe’n”t places and since she was a minor and she
V. has gotsdifficulty in walking to attend different hospitals
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for treatment at different places. on attendant has to
accompany her to hospital therefrom the claimant is
entitled for compensation of Rs.5,000/- under the head
of conveyance expenses, nourishment
attendant charges.
21. Considering that the
treatment at General
Venkateshwar Clinic at l?i’LirI1riabad~. :_laIi’d .l’3f(~ray at
Gulbarga, she has prodduicedLiniedicallf hills Worth
about Rs.6,395_/– into acc?o:int;j_–treatrnent taken
on dizvfferentfimedifcal .ce~nters.and also medical bills, it is
just and g reaso.nable__l””«t’o award compensation of
Cl! the head of medical expenses.
.:’vf’The claimant was a girl. aged about 10 years
,;)ln._VthVe accident. Due to the accident she has
sustained “fracture of mid shaft of left femur noted and
it also there is some disfigurement in the leg. Considering
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this aspect, under the head of less of marriage prqspect
and disfigurement it is just and reasonable t.ar.lz:ét1.2i_?a.rd
compensation of Rs. 15,000/–.
23. So far as the lossgbf ‘e«arn.ingr is
concerned, the learned e0unsell’.f__0i”-_V_the
marked the disability ce’i”~t.ifi–eateV. not’
examined the dOC’t:(Hf: the “disability
certificate is not by examining
the doctor theiicertiii€:at.e,:f”l’here is denial of
opportunity that the claim is
untr1;ie.l–VV the claimant is not
entitled Jforl under the head of loss of
earning Therefore the claimant is entitled for
.en’nari?:’ed”‘compensation as under:
R’ 0′ .ti:5;i0i;1 suffering Rs. 22,000 /-
amenities Rs. 10, 000 / —
a Medical expenses Rs. 8,000 / ~
A Attendant, nourishment
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and conveyance charges Rs.
5,000/-
Loss of marriage ‘
prospects and
disfigurement Rs. it
Total
In all the claimant is entit”1ed_for a.’oompenS’atiAo:s_V
of Rs.60,000/–~.
24. The Claims “has awarded
Rs.36,400/– with interest’ 6%.’:.t1;§ér.V’tannum from the
date of is awarded also
from the date voi’t’t51ai.nf.=:, petition-.._:’Therei’orVe the claimant
is entitled for date of petition till
the date of rea1visationVat.(3% annum.
above discussion, I pass the
t
m
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ORDER
1. This Miscellaneous First Appeal is
allowed in part.
2. Compensation amount of
{Rupees Thirty mMThOuf5él”Il’d::’_’:Fljtlf_
Hundred Only) ask awaijde’d
Claims Tribunal is “–enha:ic:er;i” ° tdpli”
Rs. 60,000/-
Only).
3. The enhafieeci leoymperisaftiem. amount
shall ,_.bear”‘ihte3″est.:’a_t 6%: jjer annum
ef the date of
‘A ‘ 1’€:;1lis2’ition] _.
ll Paftiesio own Cost.
I’ …..
IUDGE