IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28"' DAY OF OCTOBER 2010 BEFORE THE HON'BLE MRJUSTICE JAWAD _MI§QELLANEOUS FIRST APPEAL NO. 123220:/2007 ' EI_vy_r..:_;N ._ I P PULLAIAH AGED ABOUT 56 YEARS S/O ZACARAIAH _ R/AT NO 0.4 ALL INDIA RADIO-CO.MPLEX._ A 1 YELAHANKA UPANAGAR _ A 0- BANGALORE-47. APP.EL.LANT (IIY R'IA.E..:E3vHE3:fgjAE§A: AMSHASATHRIAV, ADV.) AN THE ORIENTAEINSURANCE CO LTD 0,0 VII SHAN KAR HOUSE ~4'RI»~:vv EXTENSION A f».[vIE_KRI CIRCLE " BA._N'G.ALOER_Ej-.:8O ~. 'av I"FS'_'»MAN'AGER 5.. A . 2. ANANTHA RAMU S/O [; RAMAIAH MAJOR A :..NO'1271 1ST MAIN ROAD . _ GANDHINAGAR YELAHANKA 'BANGALORE-64 RESPONDENTS
(BY SRI. O MAHESH, ADV. FOR R1;
NOTICE TO R2 IS DISPENSED WITH VIDE COURT
ORDER DT.O3.11.2008)
-17-
A
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 30.4.2007 PASSED IN
MVC NO. 5209/2006 ON THE FILE OF THE IV ADDL.
JUDGE, COURT OF SMALL CAUSES, MEMBER, …|V’VE~-ACT,
METROPOLITIAN AREA, BANGALORE, (sCCii.CNio;e)V
PARTLY ALLOWING THE CLAIM PETITION’
COMPENSATION AND SEEKING ENHANCE-&(i.Ei\lT~ I Or.j_
COMPENSATION.
MFA COMING ON FOR FINAL FIEAGRIVNG, te.:’s~.o.AY
COURT MADE THE FOLLOWENGIW
___w: u o e -r
The award dated 3o;o4i.2¢e7 ..i/L:FiC’?-[‘?_i\Llv’CI’._.5209/2006 On
the file of the§.M’o[tor AC_ciden.tsi4C’la’i’_rnVsV’Triouna|, Bangalore
SCCH “:.No:6 by the Claimant seeking
enhancement. _ V’ _ V’
“HeardIS”ri’.AShripad V Shastri, iearned Counsei
appeiiant and Sri.O.Mahesh, learned
<:oCun__seiV__v~appearing for the respondent i\io.1–Insurance
V"'fjOmpan.y".
H 3. Not in dispute is the fact that the petitioner
‘”gm’P.Pu|iaiah, an empioyee in Prasara Bharathi was riding his
motor cycle bearing i\3o.KA–04–EB–4786 on Doubie Road,
u3_
Yeiahanka New Town, when the driver of the Car bearing
No.KA–G4–A/6693 in a rash and negligent manner dashed
against him and the claimant fell suffering injuriesiidfieiwe
alleged car driver was negligent and sought comi:_iensati.o_Vi5.;.V::_ _
4. The claim was resistedwwby the””resipon’de’nVts_a.if if
Learned Member of the Tribunal cognsideriingi».tiie:”‘ei)i’d:e.nce_if
lead by the claimant held that_:”:_ar dime: waisillrlespognslible
for the accident and has deterrn_li’n-ed the sum of
Rs.30,000/– is awarded”.togwal–rds_’paiinjalnidg sufferings and
Rs.30,000/~ is iiawardeu”-fQW’af.d$”A..Vi’.0$,5:’i”‘bf amenities,
Rs.73,3’4’7/4″toiiwvardisrelimlgbiirsernent of medical expenses,
RS.1G,OzCi0/l-«. towards~Vi_nici_d’enta| expenses and Rs.10,000/–
towards futlu’reV_”rned–ica*!_ expenses, in all Rs1,53,347/– with
“”~iinte%e:sti,.;~@ ~50/a p.’a.imm the date of claim petition till
,.i;iayfn’V1’eri:ti;._L”i7h”ea.claimant is dissatisfied.
‘-“.”The|earned counsel for the appellant would
contend”t.hat the loss of pay suffered by the claimant and
‘ ..falAso’wloss of amenities has been not correctly evaluated.
‘ would submit that amount of Rs.30,000/~ towards pain
suffering is also low. In this regard he submits that
Ev?”
the claimant had to undergo surgery and then had to take
post operation treatment for which purpose he had_4.a,v’a,i:le.d
leave of 7 ‘/2 months. He was getting.?_:saiaVry’–~.__j’o>f____”_
Rs.23,000/– and thus he is entitledgfor rein’1bt:–r:s_e,m’en’t,Vof,’ ‘
salary for the entire period. The oppzosed’by–..thce;_ré
learned counsel for the insura’nce_.com’p.aVny,
out that there is no evidence.j_l:”‘o.n’ recoard show that
claimant had suffered o,f’é–V_pay’ entire period
of 7 V2 months. ‘He claimant being
in service _a for medical
reimbu rse_me’nt”‘ari:.:;j_,V_ he _h’as’V’avai:|:ed same.
TheVC’on~te’ntio~ns,» so urged deserves due
credence aséit “,upA’t_oV’the appellant to show loss of pay
rn..o:ne_t.arya ggbenefitfor the period of 7 ‘/2 months. There
,_i._.s'”r;ou’evi’d_ence__o’n record. Under the circumstances, when
thlerewdis nolevidence to show that he had availed leave of 7
months, without pay in the absence of proof that he lost
for that period, he will not be entitled to loss of
“income. However, he wili be entitied to loss of salary of
Rs.23,000/- for one month as he had lost the benefit of
surrendering one month leiwe for encashment. Therefore,
he wili be entitled to loss of pay for one montthmat
Rs.23,000/~.
7. Towards pain and suffetr§ng,. the .;tritfb’u.n.aI’-iaas’:
awarded Rs.30,000/- but consid’e_rih.gt.’ thet.1cttAper;taus§ t”orV.
treatment, it needs marginal Vin’c.rea,se h.ence;.iVt”_:isxincreased
to Rs.35,000/-. It is*”e.s’tab’Iaishe.dfjthatfléthere”‘ris*”VEphysicai
impairment of the of tibia
and fibula. T1:7$0iAAi:;gti’_i. thara’Qa4a’a.rev4idef’n%:eVofdisability but the
percentage? The tribunal has
awarded'”Rs.é:Ov,V0ti:i§[% of future amenities
which appellant has to live with
such Aphysica’: disab*iiity_ for the rest of his life, the amount
ciorngevnsation “uri’ci’erV this head needs to be enhanced to
A~I::n’1j.the result, the award in question needs to
be on the heads referred to above and the
t”=-w__”-»award”isV__re–deterrnined as foliowsz
if rv_’_’.:’Afowards pain and suffering Rs.35,000/–
Towards loss of amenities Rs.40,000/–
Towards loss of pay during the
Period of treatment Rs.23,000/-
(sxb
_{j..
Reimbursement Rs.73,347/–
Towards incidental expense Rs. 10,000/*c_:
Future medical expenses Rs.10__,;1§)O[?~’.’jg: .
TOTAL _ ii
In ail, the appetlant is en?;it~E.ed tdv.Rs.1,9i3v:L3i-éii’,/.:,VV The
enhanced amount sheik carry__Rfi»vn_ter_est.'”ati_ ._6°/pf? to be
discharged in four week’s–.:é’T..
_____