Rudrappa S/O Irappa Ganager vs Amanullah Khan S/O Abdulrehaman on 25 January, 2010

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT
DHARWAD  

DATED THIS THE 25"' DAY OF JANUARy (2010? ;;nl f  

BEFORE

THE HON'BLE MR. JUSTICE  
AND: E A

THE HON'BLE MR,--~.IUSTi.CE :A_:F~}¥'JlNDilK'bWlAR
M.F.A. ND. ii 729i1~;2fo<35  

Between:    .  3  7 " 
Sri Rudrappa s/0   ._  V 
Age: 35 years, Occ: Ag_riculture"&s.   
Milk Vendor,.r[at_AM.iK.'Hnb1i5. '  '  
Taluk: Bailazhongal,' D_.is1_;V. Belgaun}. T --
(by Sri Prasanna V _R and A.'D: 'S.hil'ledar, Advocates)

and

'1}, V' M_riAn?'1anL1.llah Khan

 _ S/Q 'Abdulrelienian, Age: Maj or,

B" Dec; «Bi1sii:1e.sS',, 1"/at Muslim Galli,
Sirsi, Divstrict Karwar.

  The Niexnlindia Assurance Co. Ltd.,
' ~ Branch: Nellikai Road, Mangalore,

 _ B 2T'r:»reugh its Divisional Office,

 ' Club Road, Belgauin represented by its
B  -«Divisional Manager _



~-- Respondents

(by Sri AM. Venkatesh, Advocate for R2, 7 *
Respondent no. 1 served)

This M.F.A. is filed u/S 173(1) of iviv. sgsissiiss
judgment and award dated 05.O5.2O()_5Mpassedwiir-.,’_M.V.C.,V No.V_
1965/2000 on the file of the Civil Judge (Sr. l3n.}._&-1’Mem_ber,’Addl. ‘

MACT, Bailhongal, partly allowing}th;e*~’claim” .petiti«i:j)n.’.iii”if.or

compensation and seeking enhancement of compensaVti*on.., ‘;

This appeal coming on 019;; this day,
K.L. Manjunath. J, delivered the foIlowing–ju’dgment.’

1. The appellant is No. 1955/2000
before the preferred this appeal seeking
enhancernenitiioif on of the injuries sustained
in a road traffic accident 01.09.1998 near Gandhi Chowk

on PB. pR’;oads.withiri” limits of M.K. Hubli on account of rash and

truck bearing no. KA-19/A-384. He sustained

injury-wiiiichireisultedin amputation of his right lower limb above the

‘T»._l4<1ie'e. was hospitalized in different hospitals. According to the

.c;_laii_'nanti"he was a milk vendor and agricultural coolie. Therefore,

giliaim petition was lodged by the claimant. The Tribunal considering

<Ly/

the evidence of the Doctor and the disability certificate and

considering the nature of disability has come to the

there is a permanent disability of right lower limb upto"l8:5%'_andlltoithei'

whole body it is assessed at 50%. Consideri'n.g".his' i-ncomedas: '

l00/- per day future loss of income is considlered atifzsl

applying the multiplier of is the eeseeseetllii]etsRsiee 290,000/_.
On other heads the Tribunal towards pain and
suffering, Rs. 25,000./e towards Rs. 10,000/–
towards attendant 5,000/- towards
nutritious 25,000/– towards loss of
amenities inlife. is awarded with interest at 6%
pa. i ll

appearing for the appellant though has raised

several lgrQun(i5'_'i.n theliiappeal memorandum, at the time of arguments

he–vfairly.ll"si1bmit"that the appellant is aggrieved by awarding of

.1 ..,Tcoinpensation"under the head loss of future earning capacity. He has

-.s__1’1l§mitted that the appellant has no grievances with the compensation

ex

about 35 years he has not produced any documents to sh0w.._his age.

Considering his photo and other documents we are of the that

age of the appellant can not be considered as 35 but sarnei tofbei’

considered as between 41 to 45 years. A.dini’tted_ly;th:f: a T.

coolie. If right lower limb has been arnputed aboyeiyi

cannot do his work either as agriculturalcoolieif ‘-‘iTlio’iighii’disiability to
the right lower limb is consider the
functional disability. In the opinion that
the disability tothey iitiaken at 75% instead of
80%. appellant at Rs.3,000/– pm. and
disability capacity has to be assessed at Rs.

2,250/- and by applying the multiplier of 14,

,i’L1’tu.re o_fi.ineon1eAihas”‘toibe assessed at Rs.3,78,000/–. Since the

sum of Rs. 2,70,000/– under the head future

i*””loss of i1n,4come,~ are of the opinion that the appellant is entitled for

c i.’ai1o:tl1erVysum o.-fi’Rs. 1,023,000/–.

6. Accordingly the appeal is allowed in part. In addition to the

compensation already awarded by the Tribunal the apppeliant is

entitled for Rs. 1,08,000/— as enhanced compensation izfith at

6% pa. from the date of petition till the date ofpaymenfi, i

7. Out of the enhanced compensation 709/;»;’s¢i*¢he with i

proportionate accrued interest shall be invested in c~tvhe..;narne..3of itheiir

appellant for a period of 5 years and thiefre_rrra_inin.g.iarnonntfibe released

to him. The appellant is entitled’ for’pei§iodica1f_interest.

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