IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23TH DAY OF OCTOBER, 2910
BEFORE A %j
TI-IE HON'BLE MR. JUSTICE B.SREENIV;a.fi$ME':"f2vOW¥3~A
Miscellaneous First Appeal No. .8099.VDf"'i.i.O(59 " * .
BETWEEN
Parshanath
S/0. Bramhaiah,
Age : 51 Years, V * '
Occ: Nil (before who1'ssa1e'bu;sin'e-ssv}
Res: Dadaga, Bindige Navile vH:Db_1_'1.,'---
' Appellant
Adv.)
l . 'VB', N . 4' V.
* --S/0. Boregowd-a,
Majm-,V__Res: Kenchanahalli,
'Nagamangala Taluk,
-vM'a.r1djza___D1str1ct. [Owner--Tract0r)
" A M'-3-.1Dager,
__C)1'i.ef'1ta1 Insurance Co. Ltd.,
.. 317$ Main, 4th Cross, Chamarajpet,
'Bangalore. (Policy: 42000477 07/ 0598)
Respondents
[By Sri. K Sridhar, Adv. for R2,
R1 »--- notice dispensed with V/(). dated 01/10/2010)
.
This MFA is filed U/S 173(1) ofMV Act against the
Judgment and award dated: 10.07.09 passed in MVC
No.l423/2008 on the file of Judge, Court of Small
Causes & Member, MACT, Bangalore, partly allowing
the claim petition for compensation and seeking
enhancement of compensation.
This appeal coming on for Orders,
Court, delivered the following: 1 V' -3- "
J U D G M E N T
This appeal is by the Claimant ‘fr)_r’l-.enhaneem’erit flat 9
compensation awarded by the Tribtinal.
2. Though the matter is in t};1e_ oré1tet5’s;iiét.’ with’
the consent of learned for the
parties. itis taite-n’u.p”fo__f’*fina1 disposal.
3. “For sake of convenience parties are referred to
arec_._referred to in the claim petition before the
4.”-._ Brie’f«»’f’acts of the Case are:
if Tfiat on 10-l2-07, when the claimant was going
if the extreme left side of the road towards
” -‘Santhebeedi Aralimara at Bellur, a tractor bearing
registration No.KA–54–T–179 came from opposite
direction in a rash and negligent manner and dashed
against him. As a result, the claimant fell doxnirrcand
sustained injuries. Hence, he filed a c1a;i1n.’.,’petiti_.oi1.
before the MACT, Bangalore, seeking
2′. 10,00,000/-. The Tribunal aby
and award has awarded.co.rnpens,ation
with interest at 8% p.a. quantum of
compensation awardedt7by’–.the’ the claimant is
in appeal seelting en}’iar1–cerr1ent__of.corri’rpensation.
5. A-.s~~ dis: = no.’:pd.iVspu*te….regarding occurrence of
accident,’ liability of the insurer of the
offending”xtei1i.cle., point that remains for my
‘~ _ Cofn°si(?,eration in the’ appeal is:
_ ‘«..,V\’7»Tt1ether the quantum of
._ ‘ e’o«m’pe’n,,siation awarded by the Tribunal is
jus–t”j- and proper or does it call for
enhafncement?
..f\,:’ft€1″ hearing the learned Counsel for the parties
perusing the award of the Tribunal, I am of the
= ~.–13/iew that the compensation awarded by the Tribunal is
%
not just and proper, it is on the lower side and therefore
it is deserved to be enhanced.
7. The claimant has sustained the following injuries:
fracture of left ankle and injuries
and other parts of the body.
Injuries sustained by him are evidenft., fi”0:rnA the» it
wound certificate — EX.P.3, sl1i’nirnary’=::;_¥
Ex.P.4, Out Patient cards}-‘«–..l$x.llE5;?.lll recentA».i:x:.ray,:’3
– report — EX.P.8. X-rays — Einpatient
record –~ Ex.P.1O and~~..Sffipporteti evidence of the
claimant and’ doctor’ l=lP.Ws.1 and 2
respectively-‘ V V’
‘lias stated in his evidence that he
p_ exaininedpvptheilclairriant on 5–i2~«08 and found that the
‘ -._walking with limp on left side, there is
in joint and he is unable to perform his daily
activities.’ So he has stated the disability to the extent
A to whole body and 40% to left lower limb. He
has stated that he cannot say whether disability will be
reduced if implant is removed.
8. Considering the nature of injuries, 320,000/–
awarded by the Tribunal towards pain and suffering is
on the lower side and it is deserved to be enhanced by
another Rs.10,000/~ and I award RS.30,000/V:V_V’:”éii’idv€I’
this head.
9. As $13,600/~ awarded bympthe ”
medical expenses is as per medical” A.
the claimant for Rs.13,59_5′}’..:, the andf’
proper and therefore, it does…n:ot_ca1i for e’nhaneement.
10. Claimant was V inpatient in
Adichunchun_a.giri.Hospital, {rem 10~12~07 to 4~1-O8 for
a period_ of the same, ?.3,000/W
awarded by theddribrinai towards incidental expenses is
,A on the lowervside and it is deserved to be enhanced and
/– under this head.
11. ” Ci-ainiant claims to have been earning i’. 1 1,000/-
‘penmonth, by doing business in jaggery. But the same
not established. In the absence of proof of income,
his income assessed by the Tribunal at 3’. 3,000/– per
month is just and proper. Nature of injuries suggest
that, he must have been under rest and treatment for a
period of three months. Therefore, a sum of ‘1’ .9,000/-
is awarded towards loss of income during laid u.pV_*p:e:iod
as against ?’ . 3,000 / — awarded by the Triburx>§tl..” 0 .
12. Considering nature of injuries.*”a1i’d::..”
stated by the doctor and an arnou:ni..
unhappiness which the claimant to 0′
rest of his life, 110,000/y:__._afwarded .b”y*..theV,i§’i’ribuna1
towards loss of amenities is theilodwer side and it is
deservecl. byvatdiother ?.5,000/– and I
award’? head.
13. of iciiaimant is assessed at ?.3,000/-
He ‘isiaiged about 57 years as evident from
Multiplier applicable to his age group
doctor has stated that he has suffered
disabilii:;y of 40% to left lower limb and 20% to the
body. Tribunai has taken 10% disability. Which
not correct. As per 40% disability stated by the
doctor to limb, disability caused to whole body comes to
‘I3’. So, future loss of income works out to $42,120/–
{?.3,000/– X 18/100 X 12 X 9) and it is awarded as
against ? . 39,600/- awarded by the Tribunal.
14. A sum of 335,000/– is awarded
medical expenses.
15. Thus the claimant is enti’t1_ed– forfollofwinvgsp
compensation:
1) Pain and 1, _?. H3V(A).000/-
2) Medical expe.n’ses-* M T ‘ p “33. l3,600/-
3) Incidental-expenses=_ ‘ ” 10,000/–
4) “If0wa’r_’ds loss of ineovnlifze V’
_ 0 du’1fin_g’~]a’1’d_u-p__ period 3 9,000 /-
5) . Towa2f_ds:’ioss»..of amenities ?. 15.000/-
8) Future elossltof income ?. 42, 120/ –
1′ 7) u”F_uture Inedial expenses 2′ 5,000/~
Total ?. 1,24,’720/-
the appeal is allowed in part and the
Judgtnent and award of the Tribunal is modified to the
“it extent stated herein above. The claimant is entitled for
V” ‘iii total compensation of “<'.1,24,720/- as against
1'. 87,200 / — awarded by the Tribunal with interest at 6%
iE'i.r"
p.a. on the enhanced compensation of ?.37,520/– from
the date of claim petition till the date of realisation.
17. The Insurance Co. is directed to deposi’t–.pthe
enhanced compensation amount with iI1tE:.1′”~€3″:o4″”£’L’~d_\_K/”i’VI’;1′,IlVVi”1′..§
two months from the date of receipt of.’
judgment.
18. Out of the enhanced co1’f1pe’nsatior;AISOAOA;
proportionate interest is ordvered to he; in FD.
in any nationalized’or’]sch’ed§:.ied.._Bans}: in the name of
the claimant for a period_ of the remaining
amount is ordered to be
released in his .favoiu1v*.” — ” ‘ «
order “as.._t.o costs.
Sd/-Vi
Iudge