IN THE HIGH COURT OF KARNATAKAIS-.
CIRCUIT BENCH AT DHRAWAD
DATED THIS THE 07'"! DAY OF SEPTEMBER, 201.9» L
PRESENT
THE HON'BLE rm. JUSTICE K. BHAKTHAS5'ATS,§._1-Rf": , "
AND .
THE HON'BLE MRS. JUSTICE B. v;'.NA(;ARAT_--mzA'~ V' '
M.F.A. No.4642/2"6e,§11v_IVI - M
BETWEEN:
(By Sri. B. S£1ARANAE'SA»WA,A'EVSCATE FOR
KUMAR MYLARI S/O NIN.-SA_P--PA ._
AGED ABOUT 13--.YEARE3, QCC: .
REP BY MINOR G=SARDIIxN1;\IATURAL "
FATHER NI1§iGAP.PA~ S,fO'-ETAKERAPFA ,_ »
AGE: MAJOR,R._/QBAE'€D11V£OTA;' '
BEILLARY.---'Av
A * APPELLANT
M / S. JAYAI«:UM.AR.S.PATIL» ASSOCIATES)
ME
I (Sy Sr: G. N. RAICHUR ADVOCATE FOR R2;
'" V' -MA;{i).U M-AC'I~I.AWA' MACI-IAYYA
II
1 ..
AGE; I.I.AJOAR'O,CC; BUSINESS
,.R}(O 'SHAI3AREESI~I AGENCIES,
SH'I'MOGAI"_~v_».___ "
(Owzper O_f.Ve1j1iC1e NO.KA-14/B~5572)
I MANAGER
. ORIENTAL INSURANCE CO LTD.,
"f'BRANCH OFFICE, BELLARY,
_ DISTRICT: BELLARY.
RESPONDENTS
R1 SERVED)
: 2 :
THIS MFA IS FILED U/S 173(1) OF IVIV ACT AGAINST
'THE JUDGMENT AND AWARD DATED: l0.02.2005 PASSED IN
MVC NO.160/02 ON THE FILE OF THE LEARNED CIVIL JUDGE
(SR DN) AND JMFC--CUM~MEl\/IBER, IV MACT, IIOSPET,
PARTLY ALLOWING TH E C LAIM PETITION
COMPENSATION AND SEEKING ENHANCEMENT. ' _ VV
COMPENSATION.
This appeal coming on for final hearingpii"t.hisf_1'~da_yi:
Dr.K.Bhakthavatsala, J., delivered the foll_owing:
JUDGMENT
The appellant is before this Colurt for’-enlia,r1_Cernpeint of
compensation.
2. Learned counsel for the iapipe’llant~i.Vsi;lomits that the
appellant was ten years old onfxtlie idiate of “aecident (ie, on
20.09200 “driving of the lorry by
its driver, left lower limb and crush
injury to right ,TheIrivght.V.lieg.ii~’I’rom knee level was amputated.
cIa.imant was treated in Government
I-los.pital”at Harappaiiahalli, and thereafter at Bapuji Hospital at
Davanagere for aj–peiriod of three months. The claimant was a
Hstudent and also assisting his parents and earning ?500/– per
; the Tribunal has taken notional income at
annum and applied multiplier of ’15’ instead of
‘ and awarded compensation of ?l,12,S00/- towards loss of
earnings. In addition to that the Tribunal has awarded
IV
:3:
compensation of ?80,000/– towards medical expenses, attendant
charges, loss of amenities & marriage prospects, and pain &
suffering. I-Ie submits that the compensation awarded
Tribunal in the case of amputation of leg of a lad of
very much on the lower side.
3. Learned counsel for Respondent’
company submits that the Tribunal hasA.a’warded–ii-A. adelquajteb
compensation.
4. We have perused the: ‘re_Cor_disHoi pil’ribunali.ii’i
5. The claimant has notlproduc-ed ~’any’i~:i’e.e-ords to show
that he was a studentilasiih on the date iofyia-strident. In the wound
certificate, the ‘claimant is mentioned as ten
years. Ex.P–¢l6 the the claimant boy showing
amputation of his”«rigi1til¢8i ifrometihe level of knee. Ex.P-4~5 is the
D1’sability’:_jbeiitifitzate iilsisU.ed…by Ibr.Eshwargouda. It is stated in
Exi.P~45il’th.at~._on ;alr::ié:’o.i__int of the amputation of right leg at the
level of knee jioint; has got permanent disability to an extent
ila._&of 55%. ishino dispute about the amputation of right leg at
.1 knee. If the amputation is below the knee, atleast
could have used artificial limb. The Tribunal has
‘ talteniiperrnanent disability at 50% of the whole body and fixed
2
(i) Pain and suffering: ?50,000/-
(ii) Medical expenses: “<""l 0,000l-
(iii) Attendant charges, ?1 0,0001%’ ” — ‘2
conveyance, special diet and
other incidental expenses:
(iv) Loss of earnings till attaining’ ”
majority: R500/-X12X8]
(v) Loss of earning after a’ttainingA”‘ ._ ?3,0cG’,”f)el)i!~ 1
majority: [€2,500/~X12;>{L1oJ_ ” V V.
(vi) Loss of amenities and marriage prospects: V .1 " r 8,0001- "
LESS ipompenlsation”avJard’e:d’ ~» .’
h. .Vb.flha.Tri’bUrla|: V €132,500/-
~.;”«V».’.’sALA.ncE: %4,25,5oor–
Thus, for enhanced compensation
of?6,18,{}fJi}’/gas aga,inst?1;92;500 ,1 – awarded by the Tribunal;
.A .. tlrleyeésult, we pass the following order:
0 R D E R
,[.(‘i)-. The appeal is allowed in part holding that
the claimant is entitled for an additional
compensation of ?.’4,25,500/- (?6,18,000 -~
€192,500) along with costs and interest
at the rate of 6% per annum from the date
of petition till the date of realization.
(ii)
(iii)
(iv)
Accordingly, the impugned judgment and
award are modified.
The Respondent
Company is directed to deposit
additional compensation amountwailizngffi. L’
with costs and interest,-with—-the Trilouan’a1′< V
within two months from todag-{L .. -3
Out of the add_it":'o.na| Acompe_nsiatAieg'r«-V-
amount awarded, a°'s.Lin2_uof '<'4,'O._O;OO0i~V;
shall be ke'pt~..iAn fix"ed'_deposit'-for a period
of five years,_e_' with ffiiioertyrt» withd raw
periodical :.E'i'ite»rest Vtha't__ accrues] on the
Rk3é:'e__ i j§
No.2linsurance V'