S Shivaprasad S/O S Shivarudrappa vs Subba Rao H V S/O Late … on 10 February, 2010

Karnataka High Court
S Shivaprasad S/O S Shivarudrappa vs Subba Rao H V S/O Late … on 10 February, 2010
Author: N.K.Patil And Gowda
Divisional Office. V--Unity.
Building, Annexe--72,
Mission Road,

Bangalore -- 5600 0217. 1 
.. .R€Sp0fld(§I'1.tS"- _

(By Sri.A.RaVis3:iankar. Advocate for R-2;   it _ v .__~ 
Notice to R~l dispensed with V/O dated 09/ '

This MFA is filed U/S i73:{ii<5i"  Act.:i:againVst" iris
judgment and award dated: 30.:-12..?.'O0*5 1pas"se"c1 

No.694/2005 on the tile of  Addl.',Ci'Vil Judge?"{.5i'.DVn}.A&.iV
MACT-III, Davangere, part1y'a1l.owing-..the Vclai_In..s:;3etitio=n for_*

compensation and seeking enhi--aneement----of compensation.

This M.F.A. coiiiiiig-"o"n.,.:i'oi~  this day, N.K.
PATH. J , delivered theAfo_1lowiI'ig:  ' "  .. 

  

This-v.._a:plpea1lll  out of the impugned
judgrn_en.t-and--aiira,rdvi.i_ldatcd.' 30.12.2005 passed in MVC
No.694/2.505 lb'3t l:"I'earned I Additional Civil Judge,

{Sriijviisi & M'ot_orVlAcesident Claims TribunaE--III, Davangere.

 {h_ei*eiriaftei=referred to as 'Tribunal' for short}.

  judgment and award, the Tribunal has

awarded "allsurn of Rs.81,000/-- with interest at 6% pa,

  'from the date of petition till its realisatioiii, as against

 claim made by the appellant for a sum of

it ""Rs.5,7'5,000/-- on accofint of the injuries sustained by

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him in the road traffic accident. Being aggrieved by the
said judgment and award. the appellant has filed this
appeal, seeking enhancement, on the ground that, the
amount awarded by the Tribunal is inadequate, 

3. In brief, the facts of the case are:  9

The appellant is claimingpthat he '* 

32 years, working as Field (jfficere .. 

Choice Company  Rs.4,015.40
p.m., and   at about
1.

30 by pushing the
Motorcycleil for repair from
Honnavalli he came in front of I.O.C.

Petrol ._:(V)IlvvNH;4Vl{{.OaCi, at that time, the driver of

~ the {M231-uthi caf”‘béar:ng Reg.No.KA-25/N-3300 drove

the “in’~.a}~rash and negligent manner and dashed

against’ motorbike from backside, due to which, he

fell and sustained comminuted fracture of left

fracture of medial malieulus right side, blood

~-‘collected left and right knee joint and other injuries.

Immediately he was shifted to Bapuji Hospital,

%~/»

K

instead of Rs.2,100/–, at Rs.12,048/–towards loss of
income during the period of treatment and at

Rs.25,000/– towards loss of amenities of life.

7. The Tribunal has erred in not award.ing.i”aany

compensation towards loss of future income and therefore-,.. it

needs to be awarded. it is the casc”of–the he

was aged about 32 years, workingdasiiltiiedld

People’s Choice Company an[d~.._earning perch

month and we accept the same..—-The_appellant — on aiccount of
the injuries sustained iaccident, suffered
permanent disabi1_ity and * assessed the
disability at assess the whole
body surgery and due to the
disability, ._ position to discharge his work
effectively. appropriate’drnultiplier applicable to the case

in hand is tide appellant was aged about 32 years.

of the appellant is taken at Rs.-4,060/– per

rno’1ithvv-ivwiythdfelt-sability at 10% to the whole body and

app«r0p1fi’ateAlit/lultlplier of ’16’ is applied, the total loss of

future ‘i.r’ic0me comes to Rs.77,107/-(Rs.4,060 X 12 x 16 X

–,10.,/ _ld500) and accordingly, it is awarded.

I

of realisation, within four weeks from the date of receipt
of a Copy of this judgment and award. »
Out of the enhanced

Rs. 121,975/- a sum of; viwitiltu
proportionate interest shall
Deposit in any NationaHzed’v:.e:’oi=-pSch.edo.1e.d the’
name of the appe113»f;.tV,A’ fof*”a flfidxfe years and
renewable for EIHOJEIIEIII to him
to withdraw A perio dically.

The – with proportionate
interefst’ ihdvvdfatrour of the appellant,
immediatety; Insurance Company.

_ _ _ Draiii’ the .a;wa’rd;”‘ ‘accordingly.

§§;;’?

‘§”§”W3 ‘rs
“.L’%.”;»-7&3:

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