Ramdas Kate vs Divisional Manager United India … on 10 March, 2010

IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT
DE-IARWAD. 5 

DATED THIS THE 10th DAY OF MARCH 20p].0_ljl" 
PRESENT WpCl 'Chi
THE HON'BLE MR.JUSTICvJE'VN;I£,PAfI'ILl   it
AND  i A _  
THE HON'BLE MR. JUsT1ca'--1ei'sREaN :vAs.fi;js:3oi2i%bA":
Miscellaneous First. Appeal  5028 of'Qv,3.0§i 
Between:  it C  it  it .

SriRarndas Kate V ,  ;_ V    
S/O Tukaram Kate?'  . .    V   
Aged 52 years I "   '     '

R/at Hukkeri, Dist.-:13¢1gaLi.rn._V"~.f_- pp   V .. Appellant

(By Sri Mru.thyunjajia  B.angai_._ Advocate)
And: A C it C it

Divisional, Manager, ' ~  
United India I12suran"ee.Co. Ltd.

'-Mamti G~alli,3--f'BeI'gaum lllll H .. Respondent

(133? Sr} ,i,.'B--. Advocate)

 mi.seel1;aneous first appeal is filed u/s 173(1) of MV Act

 against the judgment and award dt. 21.02.2005 passed in MVC
-..fjVN.o§6,70/20C3_7~on the file of the Prl. Civil Judge (Sr.Dn.) and
._}'i3\?iACTV,eBelgaum partly allowing the claim petition and etc.

.  d.elivefed the following:

  appeal coming n for orders this day, N.K.Pati1 J.,

Z



2
JUDGMENT

The appellant assailing the correctness of the order
impugned dated 21.02.2005 on the file of the Principal Civil Judge
(Senior Division) and AMACT, Belgaum is before this Court,_in this

appeal seeking for enhancement. The Tribunal by its

judgment and award has awarded a sum of

interest at 7% p.a. on account of the inji1rie.s4sustainediinffthfe.’road ‘

traffic accident as against the claim of R;s..A6,5;0,i~000f

2. The brief facts of the casegare: V 2 if

The appellant claims that he’Vi’i’is’b’aged fa’b.o&uit’v’:50:¥.years and

doing private se1′–viVce–;’_ –H_:e’Vwas_fhale« and healthy and on 21.07.2002
at 10.00 a.m.fwhen travellfiing in an autorickshavv MH 09/ J

3216 to4;K’olhapur”~ graveyard near Chipri coss, a goods truck

driving by its driver came in a rash and

negI’igen’t a high speed and dashed against the

isvfav_1toricks_hav;” account of which he sustained the following

–«…fjV”i’f;j$ufiCSp* segmental fracture of right shaft of femur, fracture of

sL1rgi.cal.humarous right and fracture of 531, 631 and 731 ribs of

‘r’igh,t..side. The doctor has d the disability at 38% to the

right lower limb and 30% to the right upper limb and there is
shortening of the. right leg by 3/4″ and there is antalgi__c gait

restriction in the movement of right shoulder and rigl*it’=h”iy’py:”and

scar on the right shoulder and right hip on account” of.

has undergone treatment for a period .r3f~2.3 ‘days in’.tfhei”ho:spi’t.a1u’

and also undergone surgery. Therefore}he7is”constrained to”«iil’e–.a

claim petition u/s 166 of the VehiclesAct”:again’st thee’

respondent. The said claim petitioyn.._cAarne..up .l.;)§for.eAA thiig Tribunal
and the Tribunal in turn of the oral and
documentary evidence has ot€l§s..1,32,0(‘)0/– with
interest at 7% till the date of
realisation.said_pVciornp:e.nsatioriawarded by the Tribunal in
respect of loxss__of up period, loss of amenities

and future medicalexpense-s is inadequate and the claimant is in

1-appeal seevking e”n.hancerrient.

3….We haizieg,-lieard learned counsel for the appellant and the

-..i,i’_fjle.arned counsel for the respondent. After careful perusal of the

judgment and award, we are of the View that the

. ‘iirfribunal has awarded just and reasonable compensation towards

////’

pain and suffering and medical expenses and conveyance charges

etc. Therefore the same do not call for interference.

4. However, the Tribunal has erred in awarding Rs.6,”/’00/–

towards loss of income during laid up period taking the income at

Rs.70/- per day which is on the lower side. The accident’isfliffifihe

year 2002 and the claimant was aged about 50 years:

age and occupation we can safely assessépthle income” of thief’

claimant at Rs.3,000/- p.m. and he

hospitalisation and follow up medica1.g_checkV_and ilbeclijest “might-T

have been advised by the,doctor….fof-_aD9thei’ll’pfilfiqfl Of thI’€€

months, we awardfa olf*Rs.9,00lfl)/– towards loss of income
during laid 1ipgp’eriod,Vg.i’lll’1e i’E’r_pi_1l”)’ur1’al has erred in awarding a sum

of Rs. 10,Q0O/ — towards. hioss. oflamenities and keeping in mind the

hehas to Iindergo, We deem it fit to award Rs.20,000/ —

towa_rdsl_ larnenities.

–T:he’Trib__u’nal has erred in awarding Rs.54,440/– towards

loss of “l.1.1tl3Vl’6″lI1C0II16. The said compensation awarded is

.::inadequate and needs enh ement. Taking the income of the

/

claimant at Rs.3,000/~ pm. and since the claimant is aged 50
years the appropriate multiplier would be 13 and the Tribunal has
rightly assessed the disability of 20% to the whole body andtaking

the same into consideration we redetermine the compentsativon

under the head loss of future income at Rs.93,60O/F4

RS.55,4-40/~ (RS.3,000/- X 20/ 100 X 12 ‘I’3′)’.«y _ _ A

6. Further the Tribunal has ‘».:errr;’d.. in*,_no_t”‘ a~:iI”e.rdin’g

compensation towards future medical eX’penses.iVvm’I..t~.,i$ not in_*

dispute that the appellant has undergone surgegfif land} implants
have been inserted and he has _to’i__und.ergo’..yonep more surgery for

removal of i:mplantsi.;j_VIn the circumstances, we deem it fit to award

a sum of Rs. l1’O3O’OO/-‘ medical expenses.

7. Acpcordingly, for-v.the.V.l’or.egoing reasons,
(1) appeal ismalslowed in part.

‘ Iii)” 1 judgment and award passed by the Tribunal
and a compensation of Rs.1,92,600/~ is
as against Rs.1,32,000/– awarded by the

_ Tribunal with inte ‘i per annum from the date

of petition till the date of realisation. The break–up is

as follows:

Future loss of income

RS193 ” A.

Injury, pain and suffering

Fié§3°>£l0<5./ A'

Medical expenses and i.-nciciental

charges

1§.§.'s1o,0'oo;iV- "

Loss of income during laid up it

“ash.

Loss of amenities

Future medical expenses,” –

Q’ Rs. V.1:0,0o0/–

Total

‘. Rs.1,92,6fO0/–

V”-Ithe'”aremaivning compensation amount of

R’s;eb,e0o»,; “vri’Lhi.i1a_terest within a period of four weeks

“from dateiioif receipt of a copy of the judgment and

ard;

enhanced compensation of Rs.60,600/– a

s_u1n.i§of Rs.40,000/– with proportionate interest shall

“deposited in a nationalised bank/ scheduled bank

for a period of five years renewable for a further period

%/A

Pmg/

of five years. The appellant is permitted to draw the

periodical interest.

The remaining compensation of \:T§-‘..1’_l:.:hp

proportionate interest shall released’ ii’i:fa.xio’11vr’ .o17the’ . 1

appellant on deposit of sa:rr:re:’b$fi»
insurance company. ‘

Draw up the award accortiingly.