IN T HE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2181' DAY OF OCPOBER, 2Q
: PRESENT :
TI-IE HON'BLE MR. JUSTICE N.K~. 1--P}j1f:1L%.t.j: _ 3
AND
THE I-ION'BLE MR. JU-sjrxcfi1{;'s.KE:vi*PAi§fNA"_i';
M.F.A.NO. 624%"C) F :zv0os'(M_u\:_/J1'
Between:
N.Ramu _ .
S/0. Late Nara3ca1*:app§»;a, I
Aged 36 years, . .
R/at N0. 93,
S1gapur. . ¢_
V1dyanayap'ura Past,
Bar1ga1ore--9C!,_.. N
{By Sfi; Shripad;V;;S1;ia--stfi«=. Advocate}
The Divisiqnal Manager,
. A 'Karnataka State Road Transport
VC0'rpV0r_at10tn3 IQH. Road,
._ Banga1t):e~2.7;"
[By -KfZ'Nagaraja, Advocate]
*$****
This MFA is filed U/S 173(1)
.. . Appellant
... Respondent
of MV Act against the
“-V ‘J’J.’dgIf1€1’lt and Award dated: 28/02/2005 passed 1n MVC
No.7’59 / 2003 on the file of the VI Add]. Small Causes Judge
5 and MACT, Bangalore [SCCH–2}, partly ailowing the claim
petition for compensation and seeking enhancement of
compensation. .
This MFA coming on for Hearing,
N.K. PATIL. J., delivered the following: . 0′ 5 . V.
JUDoMeNr,nbI
This appeal by the cl>airnant._is’directed V’
impugned judgment and laarriard dat.e_d”*,?..8il?v_l5ebruaryV
2005, passed inVf M.,v.e,i§i1(§,i#a§;’–2ooa,0l”byt the VI
Additional Sniall Causes Accident
Claims (for short,
Tribunal: 0′ compensation on the
ground of $75, 140/ – awarded in
his faifoiirt as’- claim for $06.00 lakhs, is
in2_;§1equate.”‘ ~ it
appellant claims to be aged about 34
‘-years, Working as driver of Auto, and earning a sum of
3530,0000,/4’ éber month. He was hale and healthy prior to
2 the date of accident. That at about 6:30 A.M., on 15-
AV§l’2N–2002, on K.K. Road, near Shivananda Circle,
Bangalore, the appellant met with an accident on
A
account of rash and negligent driving by the driver of
offending bus bearing No.KA~o7/E561. As aresjult of
the same, the appellant fell down
grievous injuries, such as fracture
sinus, fracture of right frontal b:one_”ar1d anteriolr :c::a’ii,i_al
fossa, diffuse cerebral oe.d”erna vvith.
damage to eye sight,,.etc.
3. It is the case of that on account
of the he has taken
treatment in’ the Hospital as in-
patie’rit’,”‘duringlli$vliic’l1;perio’d,'”h’e has spent considerable:
amount «.towards,conveggance, nourishing food and
attendant “chargeslincluding medical expenses and other
Aiiicide’ntal expelnsesl and the Doctor has assessed whole
at 40% and the Ophthalmologist has
a’s_ses_serlf.w30% disability towards visual blindness and
., therefore, he has to be compensated adequately.
4. On account of the injuries sustained in the
accident, the appellant filed the claim petition under
Section 166 of the Motor Vehicles Act, before the
%W
I
Tribunal, seeking compensation of a sum of ?06.00
lakhs against the respondents. The said elairrrpetition
had come up for consideration before the_.7_l’ribiQ1r2r,@’]’\li.-91;,
28″” February 2005. The Tribunal, after.::(:onsivd¢I’i.ng=
the relevant material available defile.
appreciation of the oral” and docurnent.ar3§r_’evidence.,0′
allowed the claim petitionpr.inA”‘par’t.,’ awa1*d.i1’1g,Ea sum of
?’75,140/ — with intereslt’at’ from the date
of petition 0′ deducting 50%
towards the part of the
appelllantrl. with the quantum of
the Tribunal and also
contributory’ nregligenee fixed at 50% on the appellant,
appellantlVis””in appeal before this Court, seeking
of compensation and to set aside the
negligence fixed on him.
5. We have heard learned counsel for appellant
and learned counsel for Corporation for considerable
length of time.
6
and agony. It is stated that he has taken treatment for
a total period of ll days in the Hospital. Durir.ig.this
period, he must have spent some arno1_.i.:n’t’*«
conveyance, nourishing food and att.e’ndant'”ch’arges;”,
apart from medical expenses. The.’_’doctor_ has assessed
the Visual disability at .4€:J°/oh inll’
respect of whole body. assessed
the said disability atlll lower side and
needs to be regard to
the nature the percentage of
visual \Kf1’tl*1″the age and the fact that
the vire re–assess the whole body
disabilityhiaij’ 30}?/o;’–._to’~”‘lrr1eet the ends of justice. The
paplpeiAleant.y.p being””aged only 34 years, at the time of
endure this disability for the rest of his
life and find some difficulty in doing his work as
by effectiyely as before. Having regard to the nature of
l ‘;_l’inj*uries sustained in the accident, we presume that he
would have taken follow-up treatment and bed rest at
least for a period of three months. Since the appellant
%
Z, WWWM
was aged 34 years, the appropriate multiplier is ’16’ as
per the decision of the Horfble Apex: Court’,in»»_:S§ria
Verma’s case (2009 ACJ 1298).
into consideration all the above aspects re!
determine compensation by awarding_ s:i’rn”i:of
?10,000/– towards conveyance, Ariourishivngiffoodj
attendant charges as ?9,000/–
towards loss of incorne Permd» taking
the incomeiof ‘per month for a
period of /–, €40,000/-
‘€0wai’dS”‘ against ?30,000/- :
r1,7.é}8oo/4 12 x ‘I6’ x 30/ 100) towards
loss of f1iture.in*coir_1e””as against ?77,280/- awarded by
_andV’Va”‘”suir1 of ?20,000/– towards loss of
I V*discomforts, and unhappiness on account of
disab.,i1ity.§’.V-
8. Further, the Tribunal has erred in not
awarding any compensation towards future medical
expenses. Having regard to the nature of injuries
%….._…
sustained and the nature and duration of treatment, we
award a sum of ?10,()O0/- towards future…Vrl1e’dical
expenses.
9. However, a sum
Tribunal towards medieal_V.”e.xpen’ses is the’
medical bills produced and—-i–s:j11s”t..pand r’ea.son§able and
hence, it does not call for iizterierenhre _
10.2? faets’and circumstances of
the rjase’,”a.:$; stated ‘t’h’e”appeal filed by appellant
is allowed judgment and award
dated 28*}? _:Februaryl’é005, passed in M.V.C.No.759/
..thelVT”AVdditional Small Causes Judge and
Claims Tribunal, Bangalore {SCCH–2], is
h-e_re’oy’* lrnoddified, awarding a sum of ?2,95.800/– as
x against ?l.50,280/- awarded by Tribunal, with interest
l ‘;_VVat~ES”/o per annum on the enhanced sum, from the date
of petition till the date of realization. The breakwup is
as follows:
r_’_h___,_fl__,…_A
Towards Pain and sufferings 40,000/–
/\R»”H
Towards Loss of amenities 8:
20,000/_–
enjoyment in iife * ”
Towards Medical Expenses ? ‘«~;.~ V
Towards conveyance. nourishing ?
food and attendant charges
Towards Loss of earning during. A
treatment period p p __
Towards loss of future income A’ ?°i._V72,8O0L/W;
Towards future medical expenses” . T ?’ aWd}’Q..OOO}f~ ”
E2 .’ 1?2*,95,Sod/-
The appellant.is..;entit1’e’d’.to’ dcovtnpeinsation of
?l,47,900/– {i.e. after
deducting Vnegiigence on the
part of compensation
comes .9o0/- – €75,140/-) with
interest! from the date of petition till
date dd
The’=.__Corporation is directed to deposit the
._ VAV.t’co”n1pensation of ?72,”/’60/–, with interest
6% per annum, within four weeks from the
V A’ datevvof receipt of copy of the judgment and award.
On such deposit by the Corporation. out of the
H enhanced compensation of 372.760/–. 50% of it with
%W
proportionate interest shall be deposited in Fixed
Deposit in any Nationalised or Scheduled Banka’-i,n~..the
name of the appellant, for a period of
renewable for another five years, p_errnissfio’n tovhirnu ” »
to withdraw the periodical interlestffll ”
The remaining 50% ofthe enha_need ~eornpensation~ V
with proportionate interest,_releas’ed .i.1~”1§ favour of
the appellant, immediately:
Office itotdraw
Sd/~
Edge
Sd/–
Judge