MFA 10494.06 1 IR' THE HIGH COURT OF KARNATAKA AT A' DATED 11113 THE sth DAY 01:' APRIL, 7 - BEFORE_,.... % V THE Honrnm !|i!R..JU3':1v'*3&(7-E;3"'E..$§.'«!";4!_L."1'I1I:.:}' 'A M1scz_=;_1_.;_..mgous mas? i¢o;;o49w4:} BETWEEN: VV Muniazajaiah, S/0 Chanraappa, Aged about 30 years, Near (}ramadeva?1xa..Ten)Lp1e,' " Babasaba Palygi, gr' 1: '" Banga1o1'e~6Q. -j_ ' _ ¢_ V :APPELLAN'!' (By 3;-1.:;2k".%§s 1':is:ra.:i,%;;::rti§.3Vi, _ AND: 1. ;"£'hc New India Assurazlce C0,, Ltd., _" ' its uMana"11ge:,...P€o. 10, ' Lax1.niV's';'~Ix3mp1ex, 2"" floor, V' '~ , V Oggpositsé' to Vani Vilas Hospital, -V 2. I_<.i¥:ag'ei?y:1ra, Aggzi' Majar, " * 4_ Srifldayarauga Motor Sezvice, ._ "Pete, Maiavaiii Post, " Mandya District. : RESPONDENTS
T ‘ “(By 8ri.M.1’ilarayanappa, Adv. for R-1,
1
R29″!
This appeal is filed 11/ s 173(1) of the Motor Vehicles Act
against the Judgment and Aware}. dated 05.64.2006 passed in
MVC N0.5249/ 2904 on the file of the V111 Add}. Judge, Member
Member, MAC’?-V, Court of Small Causes, Metropolitaxl Area,
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Bangalore (SCCI~i~–5), partly allowing the claim pe1i’tio11_d’for
compensation and seeking enhancement of compe:n.satji_on_Lc- V ‘
This Appea}. coming on for hearing, this _
delivered the following: H _–
Junsncmm’, . 3 A
1. This appeal is by égejured c!aV_3’dVm:ag.f”
enhaacement of compensation.
2. In an accident inV01\%’i%1ge1 {hat occurxed on
07.10.2002, the dgrievous injuries.
The eds 166 of the Motor
Vehicles: }Xc*g–. fiiflaey’ ‘.’}XccV:1;dents’ Claims Tribunal,
Bangalofi-=._, in a sum of Rs.4,00,{)OO/ A-.
3. himself as PW»-1. Dr.S.U.Shiva
_ V. E\ifasVVd’e3;amm’ PW-2. Exs.P. 1 $10 12 werfi Produced
” ;:[jZ}(%.:’I€SpOI1(ICI1tS though contested the claim did
notdieéad any_e3ndence.
u u ‘ ” I 4_QnvvVco11side1’atio;n. of the evidence on record, the Trilaunai
I that the claimant had. sustained ‘fight black eye,
V’ abrasion over the occipital region and swelling over right wrist
” joint and in the right side of the face’. These injmies weee
found from the Wound Certificate Ex.P.6. The Wound
Certificate also made mfcxence to the C.’I’.Sca11 which disclosed
{EV
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that the claimant hazi sustained ftaetuxe of right and
maxiila.
5. The claimant examined the doctor .. u it the
Disability Certificate. Though lite j, fin >
Annapoorneshwaii Hospital from (}’?i;~1A£5′.’E’.(){)2 12020.0′: ea
an inpatient far 5 days he exainizie whe
treated hire. A_ exaiiihiineivvv 1′-‘W~2 who
assessed the disability PW~2 in his
evidence states} 10°/o disability
coxnyared ‘
6. the evidence of PW»-2 01:1,
the not the doctor who fieated the
claimant. ~.It “has. pmceeded to award compensation under
* ciiiffezegit heads £i£~’i’%fiCI’:
_ pain and suffering Rs. 20,000/~
114′,’
e 11; loss of amenitieas Rs. 10,000] —
, etowaxds medical expenses,
W. extra nouxishment,
conveyance and attendance
charges Rs. 10,000] ~
iv) towards loss of income during
treatment period 8:. loss of
future income Rs. 6,000/-
Total Rs. 46,000/~
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In all a sum of Rs.46,000/— is awarded. as oou1pe1;ts,si;ie::1_V’for
the permanent disability, the pain and _
consequential loss suffered. Aggrieved by .V
compensation awanded, the
seeking enhancement. A t t t A t t
7. I have heard learned counse§.V’ furVVt11e perused
the evidence on record.’ ~
8. The ‘igeiefipfinsafion under
the head ittesultant loss of future
Pmkash. He is an ENT
Speciaiist –_ .. ‘Snrgeon working at Victoria
Hospital, stated that on 23.93.2006. he
exatnined. the and assessed the disability sustained
uevtuto fracttme of Zygomatxix Arch. In his ogimlon,
‘t1:_Le5r[¢_3 [was {deformity in the tight face anci tenderness
thickening of zygomatic axes. The doctor further
“‘states..ti1e:Lt the claimant had difliculty to open the mouth full
t and faced difficulty in chewing and also in articulating. He has
assessed disabiiity in respect of different impairments as
spoken to by him. He has made a total assessment of
disability at 10%» compared to the whole body.
We
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9. Though the assessment of the disability by the is
not scientific as the percentage of disability of
difierent impairments is not spoken to by
said that his evidence deserved 3
Though this doctor has not_.1:reateti~– the 1 he is L’
speciaiist Working in Victoria the
evidence of the ~.._t}:1e suflered,
nature of the treatment of the doeter,
the permanent claimant can be
assessed As the eiaimant is facing
difficulty ” and ciifieulty in chewing,
it cannot be nfi’ect his normal activities and
his earning iTx}:iexfit5i{oIe, assessment of disability at 5%
_ A 1fe3isonai31y=»zn_n;ie in the instant case.
10.” of the injured claimant is taken at
1 is no evidence to show that the claimant
was any definite income. In the absence of any
i V’ evidence in this regard, the Tribunai was right and
— in taking Rs.3,00{}/~ as monthly income. Therefoie,
T ~ npplyring the niultipiier of 16 having regard to the age of the
B/.
MFA 10494.06
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claimant found to be 28 yeaxs if the loss of futme is
calculated, the same Wiii come to Rs.28,800/ ». t
11. The Tribunal has awarded 12s;2o.oau;, tow’-ée%’d$ 1
pain and sufiering. In my :’kt’:epin:g’*_~’ the
sexiousness of the in.juIies,”‘–vt.:£fe,mpei3.satiun sum 5:’
Rs.25,000/ ~ deserves tape awéifcieéij Ifiider thtisvheétti.
12. As zegaxdg loss of has awarded
only a suBfi_VC”=_f to be enhanced to
Rs. 15,0()0_~_ tiixe and deprivation of
enjayzveeetv tdf _ is bmmd experience due
to the the Iesultaut disability.
13,.§A ‘in. so vvthei medical expenses awalded in a sum of
13.0 interference is called for.
Less of income damn’ g the txeatlnent period,
the has awarded only Rs.6,000/ –. The claimant must
A f_” taken treatment and rest at least for a period of three
‘months having negard to the fractural injuries sufiereci.
V “Hence, a sum of Rs.9,0G(}/ — deserves to be awarded under this
head.
We
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15. In the msult, the appeal is allowed in part. _’
compensation to which the claimant is entitled
and fixed at Rs.87,800/-. The claimant is e11’iii;l::§§*.f::ji*:::i13;t;;:1r=;f:?§t’VV
at 6% pa. on the enhanced amoulii; {if
till the date of payment. T}c1e4__.en}1;éi.*;.h¢itr1 %,
deposited within a period of éigfisj tfge date of
receipt of a copy of this ji;’cEgme:i:§t.:_