Raju vs Amruth Shankar on 6 December, 2010

IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 6"' DAY OF DECEMBER. 2?i'}*--1j0

THE I-ION'BLE MR. JUSTICE  AB  Q  

BEFORE

M. F. A. N0. 7304 QF"A204o9~B_(MVj'AV"1v}_  

BETWEEN :

RAJU,
S/O NANJAIAH,  .
AGED ABOUT 29-" - Q' 
R/O HONAGANA}.~IA:LLI'L v1LLAr;»E,'*~H _
KASABA HOBLI, MANDYATQ.    " .
.    .  '*~v--i,;_--_'APPELLANT

[By Sri     

AND 

AMRtJTH'  
s/0 D..1\/)2. PAPANNA-;

;' R,/O Do-QR'No.7'3,

"  2&0 STAG E', ~ 3.8.12 MAM ROAD.

GAYA"r§1R£pURAM, MYSORE} .19.

_   MANAGER,
 ORIENTAL INSURANCE co. LTD..

DU', .M'USLI'M HOSTEL COMPOLEX.

1' .. 1871? MA;N ROAD.

SARASVVATHIPURAM.

'' '  MYSORE.

...RESPONDENTS
{By Sri. O. Mahesh, Adv. for R2
Notice to R1 dispensed with)



 - 'H P:5l41;t~i'3$A;

This MFA is filed U/S 17:3(1} of MV Act, .a"g--amsi
the Judgement and award dated 28.7.2009 pas"s.ed.Vin
MVC N0.218/2007 on the file of the Prl. _(Z._tvil.'Jndge

(Sr.Dn.] and CJM and MACT, Mandya partly'falileivingg
the claim petition for c0mpensati0nV___and'._1:seekingV 

enhancement of compensation.   

This appeal coining on fort   
Court delivered the fol1owi1'1Q.?_ it   '  < 

JUDGMEgIsld

This is a  1; I questlibning the
correctness and legalitgref  award passed
in MVC   by the Pri8ne1pal
civil  Mandya and seeking
enhancem   atibn.

2.lllfleardllltheleariled advocates appearing for the

   contended by the learned counsel for the

 compensation awarded by the tribunal is

 on thvefilower side and same is required to be enhanced

 .considering the medical evidence available on record

gr/.



and it is also contended that tribunal having noticed

that claimant had suffered disability to the

35% to left upper limb, whole body 

have been taken at 17% and as--s'ue--hg the of' ' ; 

the }udgment and award passed is 

for.

4. Per contra  ljlearned l  -counsel for
respondent/insurer  judgment and
award   for dismissal of

the  that compensation

awarded itselfi's.:on,llth:el"'higher side and claimant is not
entitiedlllfarl  enlianeiement in this appeal.

  Iflavlingvheard the learned advocates appearing

'  and on perusal of the judgment and

_l.pa_ss:ed by the tribunal as also the Tribunal

records It would emerge that on 26~2~2007 at about 7

  when the claimant was travelling in a Vehicle

l  lébearing No.KA 09 A 3420 on Mysore--Bangalore road



the driver of the said Vehicle drove in a rash and

negligent manner and dashed against the boclyxgof a

Trailer. On account of the said aectidentz-..t:1a1'ni'1ai1t

sustained injuries and as such claim petition was filedu 

seeking compensation. On' aeeo1;int"._'o--fW1nju.y;ies

sustained in the accident-.__in qiies'tionat'elairnant; 

admitted to District Hosptia1,"Mandya/,, 'C.asualit.y and on

examination of ela.irr1«ant_Ai't_   by the treating

doctors that .».eVlaim:ant..ijhadgg'=__siil"feredll the following
injuries: _   
llll tiff)' right elbow about
l":'i2'.4).Vlt _  wound over the anterior
A   iliac spine.
2  (tié}__ Blttnltlinjuries to right hip # Iller 1/3"!'
   "femur.
V.l.'i'*Vi5:;j'?l..:'uLacerated wound over the Right
. V H forearm 5.3 1/2 om.
V  They suspected # and advised x-ray. X»
 ray taken confirmed the Comrnunited

 1

subtrochanter # of rightfemur."



To establish this fact claimant has produced wound
certificate which is at Ex.P.4. Claimant on obta'i»ning

treatment was clinically examined on  

P.W.2 and on such clinical and radiologir:e._l,,. :eXaIT1:in=.ati.oii-«.. 

of the claimant doctor noticed the fol.leoiviia.g{:4.,.l  4' V

"{ 1'} Shortening -of the rioht  
{ii} Right side    1 
aw Movesijients"llofifioltfi.2thelfig'ht"lhip &
kneejoint   V
{iv}  lexi,orL'».right* llimited about
 h'tp"joint limited about
_ it   d'e;@__8ues_ ..
 X~'rqy'  shows fracture of femur

united .ujf.thA 'thickening of callus. "

  On  of said clinical and radiological

  eygaininationfioctor has opined that there was disability

to  of 35% to the right leg and 17% to the

 whole hody. Claimant was an inpatient. from 26e2~200'7

l."li.AA"t'o.._2:';3~3~2O07 as evidenced by the discharge card which

 at Ex.P.5. Tribunal while awarding compensation

ac"



6

under the heading "medical expenses and conveyance
and nourishment charges" has awarded a,V.su'rIi_V of

Rs.6,O0O/M and Rs.5,OOO/M» respectively. 

admittedly produced medical billsas  = . 

(21 bills] totaling a sum of   ribs/»:¢;ve:;9,
tribunal has awarded only-"Va'--surnllovf'
that claim of the pe_titionerVj4_l:aizipears  gaiorbitant.
On examination of    reconsideration
of the eviden¢§'.t¢nderedh*.l§yVtheellairnialiitd as well as the

doctor, I  of:.t.T:i.eeonlsiderredlvvviewmthat an additional
 of to be awarded under

this head  it is awarded.

 .7. On" a,ccount"-of'; injuries sustained claimant has

 dis_abilitV3'}""ll as opined by doctor P.W.2 and

    is disability to the right leg to an extent

of 3.50/o__"onafaecount of which claimant would not be able

 to___ disiehaige his normal duties and there would be

"'::o'nsiderable loss of amenities in life which requires to

%/V



be suitably compensated and hence an additional sum
of Rs.l0,000/- deserves to be awarded towa1'dvsVl'l.o:ss_ ogn
amenities and accordingly same is awarded'.__§':"'*«.'  L" V
8. P.W.2 the doctor has stated *

to undergo one more operationlfor 
Tribunal considered said  
of Rs.4,000/-- towards  on the
lower side and and   Rs.3,000/- if
awarded wo'uld:1n__eet itlie'  and it would be
just and.  As such an
additioyndal  _o.i-';lVlllV2fls.3,OOO/- is awarded

under the l1ead..of---futVu1f_eniedical expenses. However, it

is made clearhthat 'said amount would not carry any

'A.,_,mf'ereSE'f';:' 'l'l11}s, clairnant would be entitled in all for

  Rs.24,000/- by way of enhancement.

 ln"*view of above discussion, following order is

it  3 4," '   Z  I



(i)
(ii)

ORDER

Appeal is allowed in part.

Judgment and award passed _4
213/2007 dated 28~_’_7:.2Q()9 “il3.3lzlllIl¢”1’i.n»Cipa_l}&V
Civil Judge (snout): ;%1od,iiied’-

additional c0mpensati’onl’of /’:3 ”

is awarded, out*–va.i,.Vof, which
Rs.3,OO0/,3 awarde’d future
medical earry any
interest andil ‘reIrial»ningl V eorripensation

awarded shall -ear1*yl”interefst at the rate

of date of claim
_A’petitieia;1__ lp3.._V,I’1″‘1l€I1′[ or deposit

_ wiiichever ‘isearlier.

.lr’1-s1i1ier”shall deposit the enhanced

Vvconipensavtion within a period of 6

-iveeks from the date of receipt of this

before jurisdictionai tribunal.

hlhe

additional compensation with

interest has to be released in favour of
the in View

claimant of marginal

in crease.

ax

9

(V) No order as to costs.

(vi) Registry to draw the award acc01″Ciir1.;<;{'&1_';/'% A'

[Vii] Registry to transmit_£h€._¢reCD.if:i$'

jurisdictional tribuna.1'f0:jthivi th;

Sbb/W