IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATEDTHIS THE 1671* DAY OF SEPTEMBER, 2010
I PRESENT:
TI-IE HON'BLE 1\m..JUs*rxcE N.K.pA'rIL"* Qu
AND
THE HONBLE MRJUSTICE
M.F'.A.No. 776
Between:
M.Rajeshwari
W/o. Murali,
Aged about 41 years, _ -_ 1
R/ o. Narayanappa Buildings, V
Doddathogaru, . . . V
Singashanéra Post,
Hosuru Road, _. ' .
Banga1ore-€s2.
:_ ._ & " ..... ..Appe11ant
(By Sri. VDLR.-.Nxagara*j.;. =AdV.o'oate) " V "
And: 1" "
1.. Vsyéd E'I?;3'1:1aur:,1ashat}1vV' %%%% H
' Slo. ~Syed*Yt1s_ur,
0wnet"of"mjn..=,No.KA--5/A3825,
" Door No-.V.V'L§3~1A89. Extension,
Ralnanagara, Bangalore District.
*9, M/s".v.LAT«nited India Insurance
, ' Company Limited.
= Byfjits Branch Manager,
I Floor, Lakshmi Complex,
? Krishnarajendra Road,
Bangalore.
...... ..Respond-ents
{By Sri. Y.K. Seshagiri Rao, Advocate for R-2:
Notice to R~l is dispensed with V/ o dated 28/ l 1 / A'
*$***=I-=*
This MFA is filed U/S i73(i)..or..Mv A.t',"l','v;4.'8_'gl'¥,1l,YlVi"V3'ilv'Libel'V,Kl
judgment and award dated: O7.1O.2OO4_paVsSed"in-_MVC_ No; A'
559/2001 on the file of the II Addl. "Civ}i_1_ Judge. {Sr.Dn}'v
Additional MACT, Chitradurga, partly allowing. the' clairn
petition for compensation and "~..5eekiI'1gV enh'anCe_r11er1t" of * V
compensation.
This M.F.A. conimg ":6: Vlvnliearinglvvldltfiis day,
N,K. PATIL J, delivered the followirig:"'*.;"i
-'J .'
This _ ' it enhancement of
judgment and
award dated in MVC No. 559/2001 on
the file ofltlae II Additioiiaélidudge {Sr.Dn} and Additional
Motor; Aceide1x1t"' Clairns V" Tribunal, Chitradurga, (hereinafter
«referred aa for short).
it:-;..'--:"judgment and award, the Tribunal has
awarded Rs.39,000/- with interest at 8% pa, from
' ilie date-oi; petition tiil realization as against the claim made
--wP_'ddA_F_.,_..-~
appellant for %sum of RS.1I,50,000/~, on
3
account of the injuries sustained by her in the road
traffic accident.
3. In brief, the facts of the case are:
The appellant is claiming that she was aged '4 by
38 years at the time of the accident, haleggandg
working as Lady Security Guard Tata -1
City at Bangalore and drawing' thefsavlary of it
per month. On account of thefitflhfjurfies fsustainefidi by her
in the road traffic accidi_ei:.t, clairnfvpetition
before the Tribunai, against the
respondeiitsgtcontending'--that';atfabout 12.30 a.m., on
13.8.2ooQ"she in the bus bearing No.KA~»
15/A-_382b"-gffrorn to go to Chailakere and
the busffffw-as' proceeding near Nithyananda
the driver of the said bus drove the
sarnuef in_ .ail.V_rash and negligent manner and dashed
f"~..«.._'_"-.agains:t_the road side tree on the left side of the road,
which, she sustained injuries. Immediately, she
shifted to Bapuji hospital, where she has taken
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treatment as inpatient up to 21.8.2000 and spent
reasonable amount towards medical expenses,
conveyance and other incidental charges. On
the injuries sustained by the appellant..i,ni'fth:e::: "
accident, she has lost her original
permanent disfigurement of facegshe been
job _ and lost her earnings. The
up for consideration before Hlllribunal
after hearing both sides the oral and
documentary the said claim
petition inai$?éifde'dr"ialis31i'm Rs.39,000/~ as
compensation uliderldifferent heads with interest at 8%
p.a.. fromllthe .date'20f 'peltition till its realisation. Being
by the"-quantum of compensation awarded by
appellant has presented this appeal,
seeking enhancement of compensation.
have gone through the grounds urged by
A i~:l_'t'hneVl appellant in the memorandum of appeal and heard
learned counsel appearing for second respondent.
/wt
/
5. After perusal of the original records available on file
at threadbare, including the impugned judgment and
award passed by the Tribunal, it emerges that, the
appellant was aged about 38 years working as
Security Guard in Tata Electronics City _
and drawing the salary of Rs.2,000/– it 2
accident has occurred on 13th:=.,August it
taken treatment as inpatient for’ Qdaysl
amount towards medical and incidenial_ she
has undergone pain I the” period of
treatment and in yiew ofhthié; by her, she
has sufferedplernianent’disfigurernent of face and she has
been advised to ‘under , surgery which requires
heavy; amount. it emerges from the records that,
duexlto unavoidable reasons, she could to examine the
lboclter the percentage of disability suffered
V . by her.”-.’l?Io1yever, after microscopic evaluation of the
“v.4″””.,priginail”‘ records, it emerges from Ex.P12– salary
-l certificate and Ex.P13 to 15- photograhs that, in fact
fgw
appellant looks fairly beautiful prior to the accident and
on account of the injuries sustained by her, there is a
permanent disfigurement on her face and now shetdoes
not look like as she was looking before. It is é
the appellant that, she has been removed jo'”l§,p”‘ l
but she has not produced any
same. Therefore. takings’ all these
consideration and after re–appreciation ofiral and
documentaly eVi(21€VI’i€3..<V§, _ Wig "_re§deterrnine the
compensation at Rs;'30,000-/;'=rp_ pain and
sufferings*'ainstead:ifof '£_8,fl{)OOV/–",:V Rs.20.000/– towards
medicalfi nourishing food and
attendant i;:l«.;.igepgi _mstea.%3 of Rs.10,000/–, Rs. 12,000/–
ofdiliricome during the period of treatment
_in.é.£'¢'ad"-{yr}n§.–s,ooo/-, Rs.40,000/– towards loss of
arn€%__nitievs.andldisfiguration of face instead of Rs.5,000/–
'Rand a"_'si.,1:rn of Rs.20,000/– towards future medical
"«:e:=:pen_ses.
6. Having regard to the facts and circumstances
of the case as stated above, the impugned judgment and
award passed by the Tnbunai is liable to be modified;g’.The
total compensation payable comes to
and the break– up is as follows:
Towards pain and sufferings A. }Rs. {
Towards medical expe:o.se_si;- Rs.” 20,000″/J’;
conveyance, nourishing food and ” 1 i
attendant charges
Towards loss of income durizfiggv the 12VF,000/_
Ileriodoftreatrnent * ”
Towards loss of a’menit’i_es;_’ x”Rs. 40,000/–
disfiguration of face ‘ ‘
Towards future n1eVdicaE~’e2cpense.s’»t,_ A 20,000/–
g T~bta1f 1,22,ooo/-
7. V”:’Xoeordirigl”yf,~,_ti1e:i”a.npea1 is allowed in part and
the irn_pugn’ed_:’ ji.:.dgrri.en”tV and award passed by the
“T1’ibu.rial:,.A’in ‘MVC ‘No”;”559/2001 stands modified, granting a
V”‘.¢o:p;5_ensa:1§n..'”oft ‘f¢{s.1,22,000/– instead of Rs.39,()0O/~. The
enhanced gdeonifiensation comes to Rs.83,000/~ with interest
‘eat 6% .. from the date of petition tiii the date of
The insurer is directed to deposit the enhanced
compensation with interest, within four weeks froinjthe
date of receipt of a eopy of this judgment .
Out of the enhancech_c0rr;;pe:’1s%i’tienV”.Vof_
Rs.83.000/~, 50% with proportidnate” ii1’ite’i*est ::”shs:ii—.13ef
invested in the Fixed Deptd-si’t._ in any Nati.Vorig_iiizedj or * ‘
Scheduled Bank. in the ..appe_1.la;*it for a
period of five years smother five years.
with liberty to heifi0__ on it.
The ‘V _\f\ri.tiif.’v’v;’§r<eV'}')"tVirtionate interest
shali of the appellant.
immedieitelyg ‘- d. V4 Insurer.
Dranfthe
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35%
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