Karnataka High Court
Revanna S/O Late Revanna vs Smt K Prema W/O N Manju on 9 November, 2010
.. ..... ..
V. 2. "'1'he i§"ation.al Insurance Co. Ltd.,
IN THE HIGH COURT OF KARNATAKA AT "
DATED THIS THE 9TH DAY OF NOVEM13E E?{201A_O~ %
BEFORE: M T T A L
THE HONBLE MR. JUSTICE
M:F.A. NO. 6994"*Qf'=200é
BETWEEN
Revanna -. V
S/0. Late Revannxa. . V
Aged about 56.Y:;=ears--, V.
No.52, IS' Main R(§éidV, .
15" Cross, I§ave:ip1ifa;._ '
Kamkshipalya, . V. «. A
Banga1o'ré"' Appellant
{By Sri.:VV';_S'I1"1'i:;:).'rjtCl \V/:;"&-;_l_;v..
& Shri. Bhat. Adv. 0) " V
"'N/ N, Mainju,
-('K2ipai'a;1ak"U.ppalu.
DaraSag§fu1p;)e Post,
"-Pandazfafaura Taluk,
Mamiiya District
= ._R;0. No.144--145, M.G. Road,
Bangalore
5. This court on going through the oral_..___and
documentary evidence and also the finding givenj"'oy"~«_the
court below is of the opinion that the compensation *
by the court below is meager comparedto uh'
injury suffered by the claimant :'and--.'_A_'ai'so"tl1Aejperiodefci:
treatment that was taken by
6. The amount of awarded to the
claimant Rs.15,000/~ towarldshfjain_.~,an(i.V5-ieifferings is on
lower side. conside'1*ing:_the vhefhas suffered four
fractures Therefore, the claimant is
entitledlgtgoll additiofiald Rs.25.000/- under the head
Pain and A
- -Since thefluclaimant is a Government employee he
A'---has freimbursement of his medical bills. Hence,
rightly no cortipensation is awarded by the Tribunal under
«head. Insofar as the compensation awarded under
the head Nourishment Charges at Rs.5.000/- is on lower
wx
side and the same is increased by another Rs.5.000/-.;--._1t is
seen from the records that the doctor who has
claimant has given his evidence to the effect V'
claimant has suffered whole bodyitiisahilityf 5:.
28%. However, the said whole
28% would not come in of" 'of: the ° V
claimant or his earning as 'gainftiiiy*vvem.}d§loyed in
government service. accident he is
continuing in servi.C¢ change in the
service or is not entitled to
any "ca;-;i1p¢11.sia::¢n under the head future loss of
income. 'I'herefore., keepirigiitiiat in view, the court beiow has
awarded. appropriate compensation under the head loss of
a" stun ofHi§s.10,00O/--, which is on lower side and
increased by another Rs.30.000/--.
8.," ' Considering the fact that he was a government
Servant'.-and that he has availed three months leave to
it utiridergo treatment for which no compensation is awarded by
W\
the court beiow, a global compensation of! Rs.20,000_fi{"w§.s
awarded towards loss of salary during laid up V. .
9. In the resuit, the appeal oi""the.clai:rnanti a1io_Wed.,e it
in part awarding enhanced compensation adv
Rs.80.000/- payable with inter[eStV_p8%A."per the " it
date of petition tili the date of
10. Since second' paid the
compensation__ the second
respondent; tdeposit the enhanced
compensationpwiaiitrhih from the date of receipt of
certifiedhcopy of» On such deposit a sum of
Rs.’p2f!.f_)’,{J().(.)/– proportionate interest shali be deposited in
bank in the name of the eiaimant for an
A”‘.ini«t.i_alp 5 years with a right to draw interest
pei’iodic_aliy; §TA1’1e balance amount with proportionate interest
‘ — .. Vt shall ‘oereieased in favour of the claimant.
W1
Accordingly, the appeal filed by the claimant is ajlowed
in part.
fudq64 %
JJ