IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF SEPTEMBER, 2010 BEFORE " ' THE HON'BLE MR. JUSTICE B.sREENIvAsE " Misceilaneous First Appeal Nvo;"'7'80B"_of 2 BETWEEN Maiagarasamma. S/O Madaiah. Aged about 51 Years, - R/O. Bhigathagallivillage. " ' Ma1ava11iTq., V _ T "...Appe11ar1t (By Sri. M 'Y fa And. 1. V;-,Ye11appa':':'-~._Vd -- S / Venkata-swamy ' « '" R/OfD_oo1' I'-E_o.71_O;A..~" ; Avalahalliu 1\/Iain Road, " "«:B_V__atarayaf1ap_ura. Baogaiore -- 26. A Manager, V "TOrienteleizinsurance Co. Ltd., --- §\/Iv; 'C .~ . Road, Mandya. PJov;.* transferred to A. Do", Muslim Hostel Complex. V "_Opp. Fire Brigade Office , ' ''Saraswathipuram. Mysore. Respondents
(By Sri. S V Hegde Mulkhand. Adv. for R2.
Notice to R1 is dispensed with)
ex»
This MFA is filed U/S 173(1) of MV Act against the
judgment and award dated: 16.7.2009 passed in MVC
No. 336/2006 on the file of the Civil Judge (Sr.Dn},__and
MACT, Malavalli, partly allowing the claim petitiorifor
compensation and seeking enhancement” — of
compensation.
This appeal coming on fo Admisssi’0’i*1.;’_-this ‘iday, ‘*
the Court, delivered the following:
Junemnmr,
This appeal is by the for -ehhaneement of
compensation awarde«d:’oy t_hei_Tribu.rial._
2. Heard,» and with the
consent lapupiearing for the parties, it
is
3. Foizthe convenience parties are referred to
avsitheiy are ‘referred. to in the claim petition before the
r}rnbunatg”.,
41.. facts of the case are:
.. ‘That on 19.11.2004, when the claimant was
‘ ”’..VVI”r1oiring on the left side of footpath of Maddur–Ma1ava1li
road at Bgugatahalli village to purchase some articles at
that time a jeep bearing registration N0.KA–04P.79
@-
came from Malavalli side in a rash and negligent
manner and dashed against her. as a result, she fell
down and sustained injuries. Hence. she filedj’a.:’cl_aim
petition before the MACT. Malavalli; ‘
compensation of Rs.2.50.000_/’–.
« by id x
impugned judgment and M.
compensation of Rs.31.000)’*v–~,:Wii.th interestj’atV”G°/E5’pia.
5. As there is no” :,re’gajr:ding occurrence of
accident, negligence”Vand:’;liabili_tjzuhoflzthe insurer of the
offending remains for my
consideration in-th.eji.s: ”
whether. i i Vhtiiie v4l:V’i’i’cifi.aritum of
compensation awai”de”dj the Tribunal is
just and prop_er»_”,ordo”es it call for
~ .enhanci–ement’?
_6. }\fte’r’.’h.hea:ring»4étheitlearned Counsel for the parties
perusing the:i:a.W:ard of the Tribunal. I am of the
” that the”co%npensation awarded by the Tribunal is
andfproper, it is on the lower side and therefore
hi ” ‘ ~ not
ithiisjjdteserved to be enhanced.
$'”
7. As per wound certificate EX. P 4 the claimant has
sustained the following injuries :
i] Abrasion over the left ankle 5 x 3 helf
3x 2 ems
ii} Swelling and tenderness« .
lower 1/5 leg p _ 9
iii] Blackened [L] greatei-.toe
iv] Abrasionowar 13cm
Refer to high ‘ 0 A
There’ 0 wound certificate
that JSS gag low 1/3 L leg. The
doctor above injuries No. 1, 3
and 4A’are:’ sirrlplémjril and injury no.2 is grievous
in nature. 0 fled was treated as inpatient in JSS Hospital,
days. PW 2 Dr. C.S. Rupa Kurpar has
stated:0°that.;'”claimant was operated on 22.11.2004,
whereipcalcaneal traction was applied. She was treated
00 withvvlskeletal traction and she was discharged on
15.12.2004. He again examined the claimant on
H 30.8.2008 and taken X ray and found the following
permanent physical disabilities:
%/_
1) Malunion of fracture both bone of left leg at
lower 1/ 4411;
2) Severe stiffness of left ankie joint;
3) Moderate stiffness of left sub talar is f
4) Moderate stiffness of left mid t–arsa1: _
He has stated that there is iteheaieft ‘:
lower limb.
8. Considering ‘lt””}i.’.P.J” nathtefeleffin3ur1ee’;’ R’s.25,ooo/–
awarded by the Tribuiial suffering is
on the low-ertlside aT_1d:it~’is”des–erved:fto be enhanced by
anotherwRs.,j’iO:;OCG,/ttgfnd 1 award Rs.35,000/_
under theeea.
97;’ ” T1’hexc-1airn’ant’ has produced medical bills for Rs.
“and the Tribunal holding that there is no
._ ‘C’ol1Ae’Ctfonu tax on the medical bills has awarded
towards medical expenses which is
if * irnproper. Considering the nature of injuries it is just
proper to award RS.12,300/– towards medical
“expenses. as against Rs.3,000/– awarded by the
Tribunal. fig
10. Considering the nature of injuries and duration
of treatment I award Rs.15,000/– towards incidental
expenses such conveyance, nourishment and __attendant
charges as against Rs.3.000/– awarded by’t-he
11. Claimant claims to be a
vending business and her :incorn’e Could .assessed*at’g
Rs.3,000/- p.rn. Nature oi”esl§f1;t1:iesi”sfiggésra that she
must have been restvatfleast for a
period of three Rs.9,000/– is
awarded losgspof laid up period.
12. stated by the doctor
and an and unhappiness she has
topurrdergo her iuttire life, Rs.15,000/«~ is awarded
C’ «towards loss of amenities.
‘ is also present before Court and seen by
the Colurttfas well as learned Counsel appearing for the
xinsureri’ She walks with the help of a ‘walker’ and an
it gatte-‘ndant. Considering the same, disability stated by
” ~ the doctor to the limb at 65% based on medical records,
$4′,
appears to be just and proper. 1/ 3″ of the disability
caused to limb has to be taken as disability caused to
the whole body. It comes to 21.66%. Claimantlti.s_”a:ged
about 48 years as evident from medical_.ifeeor_ds__f.a~2fi_dy_v
identity card. Multiplier applieable to _.her’ .
‘I3’. So loss of future ‘income ‘w*o’r1_{s o”u.t”*:;_to
Rs. 1 ,O2,960/– [Rs.3,00O/§«lV_;{“~2V2/ iooi xi ti.y13«}…an;:1 it is: *
awarded. ‘
14. Thus the clairnajnty the following
C0rnpensat§_.’on’jg.-“V
~-1-}~ _ p”*gPaii*1:;;A.and.suffering. Rs. 35,000 /-
2} _ A”‘Medieal-expenses Rs. 12,300/-
‘~.3)’- ‘lnCifcl.ental’eie§ipei*1ses Rs. 15,000/W
41 4’ _ Towards lo_ss of income
L –._V during7.laid~7up period Rs. 9,000/-
” 5] Towards loss of amenities Rs. 15,000/–
Fiiture. loss of income Rs. l.O2,960/~
Total Rs.1.s9,26o/-
15. lleojordingly the appeal is allowed in part and the
* :J_tidgi”neIit and award of the Tribunal is modified to the
extent stated herein above. The claimant is entitled for
it a total compensation of Rs.1,89,260/– as against
Rs.3l,00O/—- awarded by the Tribunal with interest at
fir
V _N0_éorde_r as to costs.
6% pa. on the enhanced compensation of
Rs.1.58,260/M from the date of claim petition ,t:11p the
date of realisation.
16. The Insurance Company i_s..d,irect:ed”to’:fiep(;s_it_ the
enhanced compensation amotint {interest
two months from the date_Lof.Vtreceipt of this”.
judgment.
17. Out of the 75% with
proportionate invested in FD.
in the any nationalised or
sched.h”leVd’_A 1 of 6 years and the
remahatngét , proportionate interest is
ordered_to reIe’aseti1 in favour of the claimant.
Sd/-1
Iudga
_ “mgIf”