High Court Karnataka High Court

Rajanna S/O Sannathimmaiah vs Kuldipak Solanki S/O Shurvir … on 25 November, 2010

Karnataka High Court
Rajanna S/O Sannathimmaiah vs Kuldipak Solanki S/O Shurvir … on 25 November, 2010
Author: B.Sreenivase Gowda
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*