IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF NOVEMBER,
BEFORE ""' "1
THE HONBL1: MR. JUSTICE B.SREENI'v'ASE :G?)V(D.:-X " ~
Miscellaneous First Appeal N9. 956313
BETWEEN
Rajanna,
S / 0. Sannat11immaia.%i,'~~..A
Age: 45 Years, - ;
Occ: Contractor&Ag3'icul'ruriSVt,: .' V'
R/0.B0galera_h.:1tty, " -
Chitradurga
... Appellant
(By Si*i;~ L
AND ._ , T .
1. KI,11d1p;ik « s
V, ./0;. Shurvi-11S1ng_11,
'-.._Ag:;:-:,63yea1's," """ "
V Arniy Head Quarters
" _ E36; APO. Udaypur,
_ ' 'State.
' Ow;.f3e31'L'(_T'um Driver
"0fCiar*Bear1I1g N0. RJ/1C»~7082.
, , .. ' ---- : : L_Th€:'"Divisional Manager.
. _ Oriental Insurance Co. Ltd.,
' Divisional Office, Enkey Complex,
Keshavpur Hubh.
Respondents
(By Sri. P B Raju, Adv. for R.2,
R1 ~ notice dispensed with \--'/O. dated O4.~§)E3..i10)
This MFA is filed U/S 173(1) of Mv
the Judgement and award dated 01.09.20,'??? passer} :11":
MVC NO.317/2005 on th€ file Of C/C I _A.ddi1iiOfl£1l._CiVi3-i.'
Judge {Sr.Dn.} 8: Additional ii/iACT,»..Chi--trad'iirga,V' partig
allowing the claim petition for Z_Aeornpensation-.i__and
seeking enhancement for compei;-.satio'n.
This appeal coming oiffor theh
Court, delivered the f01iovv".ingfF._p
This thexciairriantfoir enhancement of
Compensationi.
2. Heard. A
3. For the sake ofeonvenienee parties are referred to
a.re.:ref_erred to in the claim petition before the
..
j facts of the case are:
.’:That on 26-1104, when the claimant was moving
Vi ..in; motor Cycle bearing registration No. KA- 16~«K–380O to
V reach Chitiadurga, near Madanayakanahally on N.H.4
road, the driver of Toyota Car bearing registration No.
RJ27/IC/7082 came in a rash and negligent manner
and dashed against his motor cycle. As
Claimant fell down and stistairaed Injuries’.-._ Henee he
filed a claim petition before tihlel ‘l\z’I’A_C’I_’, -:
seeking compensation of Rs.3,8l0.000/«. “i”rtbii11al’–..p
by impugned judgment award”‘Aa1*iasl’v_at7lrardedV
compensation of at 6% p.a.
Aggrieved by the quanturh awarded by
the Tribunal””‘gt,he t:1ainiant” appeal seeking
enhaneeni_en.t’of eoinperivsatioh.
5. :A_s”t:_here regarding occurrence of
aeeidentlfinegligemnee liability of the insurer of the
ot7fef.1d;pi.ifig.__vehieie;——–tl’1e only point that remains for my
pl veor1sAi(:ie_ration’*in the appeal is:
“j,Whether the quantum of
Compensation awarded by the Tribunal is
jiist and proper or does it call for
A’ ‘ enhancement?
it After hearing the learned Counsel for the parties
and perusing the award of the Triburial. I am of the
View that the Compensation awarded by the Tribunai is
not just and proper, it is on the lower side and therefore
it is deserved to be enhanced.
7. As per Ex.P.65 — wound Certificate,
has sustained the following injL3~1’i’es–:–. i
Fracture of medial fH€1€Ofi”V’e1i;£{V1vA.:fI’E1¢t§1i”€aOf
process and L3 verteb_ra.,V_
Injuries sustained by,_him;a’a1’ei_:’a.iVseg_su1apc’1″ted by the
evidence of the docter 4. He has
stated in his, eizidenee heA”tvreatedj’tihe claimant and
there .aisi-di.sAa’b’i1ify:i;sf to limb.
8. VC_01’1sideri1i’gAAe.ithehniatiire of injuries, Rs.10,000/-
awarded ‘by t’he”{‘ribLu111.al towards pain and suffering is
ofiiiexhe’ __T1.0wer it is deserved to be enhanced by
aiiothsef’asv.§;e….000/- and I award Rs.30,000/– under
fir 7, A
–V 9. Rsf.14,722/- awarded by the Tribunal towards
2 rm-:dnI’ca1 expenses is as per medieai bills produced by
$553;
the claimant, the same is just and proper and therefore.
there is no scope for enhancement under this head,
10. Claimant wgzs treated as inpatient
Government Hospital. Chitradurga. V’
same, Rs.3.000/- awarded
incidental expenses such as conn,{eyance,,n0ttrishment”a
and attendant charges is oi<;:t.he it is
deserved to be enhanced w and I
award Rs. 10,0Q0/~
1}. Claimant' a contractor
and per'rr1onth. But the same is
not estahlisherd producing document or
examininguthendaileged contractor. In the absence of
proof income, his income is assessed at Rs.3,000/~
VAV.t;'N'ature of injuries suggest, he must have
been rest and treatment for three months.
Therefore. a sum of Rs.9,000/– is awarded towards toss
during iaid up period.
12. Considering nature of injuries, disability stated by
the doctor and an amount of ciiscornforfiepand
unhappiness which he has to undergo for the
life, Rs.2,000/ — awarded by the Tribunal.pt_olw:ardls’~ll
Comforts is on the lower side arid it «js”«_de’ser:veVd__to_be
enhaneed and 1 award Rs.l5,40OlO’/~ to}infarrl’sA’
amenities and future tinhappiness.
13. Claimant is Multiplier
applicable to l1:i’s__age::’ is assessed
at Rs.3,0€{)U:ljl~.–._V stated he has
=ofl4F%– to limb. Loss of earning
eapaeity riburral at 10% is just and
proper. L”-So; Vf:;;_ture”~.loss of income works out to
[l3{s;8–;€30D,/– X 10/100 2; 12 X14) and it is
“-against. Rs.46,800/- awarded by the
14.x ..’lll11isl the claimant is entitled for the following
A Cor1:.pensati.on:
1) Pain and suffering; Rs. 30,000 / —
2,) Medical expenses Rs. 14,722/–
3] Ineiclenial expenses Rs. 10.000/ –
€52;
4) ‘l’owards loss of income
during laid up period Rs. 9,000/–
5) Towards loss of amenities Rs. 15,000/n
6) Future loss of income Rs. 50,400/–
Total Rs.1,29,1–2.2/–
15. Accordingly the appeal is allowed
Judgment and award of the Trib.unal is the
extent stated herein above. ‘l’he. claim’an’t._is e’1:titlfe-dV’l’lo:r
a total compensation oil__Rs. 1,29; 122/ A .aglainstV . it
Rs.76,522/~ awarded by tAhevv:Trib1inal’Wit.h Vi,rltei*est at
6% pa. on the enhahcled of Rs.52,600/~
from the <.Vi<C'Ct:ev._'of .:pé:tit_iOn the date of
realisdationxf'exclttdpirigd'in_terest for the delayed period of
306 daygin fi1.inVg":»tl1e
16.;”The Co. is directed to deposit the
«enthanced “e_omperisati_on amount with interest within
the date of receipt of a copy of this
j1i”dgm[ent’lexcluding interest for the delayed period of
in filing the appeal.
A7-V1d7′.l Out of the enhanced compensation 75% with
it Vllproportionate interest: is ordered to be invested in F1).
in any natiorzalized or scheduled Bank in the name of
the claimant. for a period of 7′ years and the remaining
amount with proportionate interest is
released in his favour.
N0 order as to costs. –
mgn*