MFA i\%0.l1366 of 2007
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 2181' DAY OF JANUAR35
BEFORE n
THE HON'BLE MR.JUsTIcI{: v. g:AGA.N?IAi'HA.1§' 'V
MISCELLANEOUS FIRST AP1?_E;AL Npf1 1366V4g5gg').cj:7"(Ivif*J)."'% V
BETWEEN: " V 1'
SIr1riMukund, V. ._
S/0 Maishetti Tigadikar; ' V 1 _
Age: ~46 years, Qcc: Ag1ji_c1.1_i'tu1'c~':, "
R/0 Hada1ge,_PQst.:_Bef}<wa¢1...: " "
Taiuka: _
Dist: B€1g.'EP,1.'1'f1'l ."- 9 _ ...APPELLANT
(By sr;i%;{Sanj§iy.%s.ii;at;;geAf1, A.:i§2:5'¢éte)
AND: ~. ' V" ' %T
1. Sn' % Shivéji .gakappa Kénurkar,
Age: 38 years=,..Q_cc:_Business,
A R-/0 Bekwfad, Talfik: Khanapur,
'D_ist:_Be1g,a"um.
.{_0W11_e I*«..Acu)']." 'I"rg1.Ctor No.KA 22 /T 1755)
2. A'1"--he ManVué;gAér,
Na't1'o'na.1 Insurance Company
jLimit.c:'d, Division Office,
" 1*-:32, Ramdev Galh,
' -., 'Be..l'gaum. ...RESPONDENTS
Sri. P.H.PaWar, Advocate for R2)
MFA N0.ll366 of 2007
This miscellaneous first appeal is filed under
Section 173(1) of the Motor Vehicles Act again’st~,sthe
judgment and award dated 23.01.2007′ passed.v’in”«.M\JC
No.758/2003 on the file of the II Additional &,C.iV’il_Jtidsg’e
(Sr. Dn.) and Additional MACT, Belgaum at1.Khan’apur.’~–
partly allowing the claim petition for compensation and K V’
seeking enhancement of compensation.
‘1’ his miscellaneous first “app’eal’i
orders this day, the Court deliveredsthe following:’ ” ‘
J 1} I)
Heard the learned_jpa’rties finally in
respect of thegiappealss claimant for
enhancement
Appellan’tifs~_iiicounsel, Shri San3’ay.S.Katageri,
submits that t:hew.lvial:).’1-litijirii is not in dispute, but only the
calleidmiiin question because the Motor
1 -AccidVer1.t’ Tribunal erred in not awarding proper
corripensaticln under the heads ‘medical expenses’, ‘loss
amenitiies of life’, and towards ‘loss of future earning
._iic~a’pae-‘ity’, income was taken at Rs.2,500/– per month
which is on the lower side. The further submission
3??
MFA N0.ll366 of 2007
made is that on account of fracture of tibia there is
shortening of the left leg by 3/4″? inch.
3. On the other hand, Shri
counsel for the 2″”
submitted that the compensation’
reasonable and so also “of illclisability
taken by the Tribunal isiat
4. Takipngipjp evidence,
which has? to the left lower
limb, cannot be said to be on
the loviierppllside.’ income could have been
take1j1.,at month as the appellant was
‘l.””doiri-ga “work olfllliagriculture and also brick work.
42 years and applying multiplier of
14,’-~und_e1” thelhead ‘loss of future earning capacity’, the
amount to which the appellant will be entitled
A Rs.50,400/– (3,000 X 12 X 14 X 10/ 100) whereas
-the MACT has given Rs.42,000/M. Hence, the appellant
MFA N0.E1366 of 2007
is entitled to further sum of Rs.8,400/- under thisliead.
Towards medical expenses, MACT has given
amount while admitting the bills
claimant. Hence, the differenggarinount 00
have to be awarded. Towards
View of left leg being snorteiied sjandd
appellant finds it difficplt for a long
distance or to do fggvitjiirther sum of
Rs.15,000/– head. Towards
conveyance; awarded. Thus, the
total as follows:
1) Painzanid. all Rs. 25,000 /_
2) Loss ofVV0ame11itie_sAcfslife Rs. 2o,oo0/–
3) M;gdi¢sa1 ex}ae’I’i=S€f_$____v Rs. 34,630/~
.4;.L;5ssg0″tc}’. earnings Rs. 9,000/-
=5) earning Rs. 50,400 / —
6)’ conveyance, diet etc. Rs. 4,000/-
Total Rs.1,43,030/-
— The’ said amount will carry interest at 6% per annum.
3%?’
MFA No.11366 of 2007
0′!
Award is modified by allowing the appeal i1_1. part,
thus.
50% of the compensation be kept a
in appellants name in a Nati0na_11’se.ds E3a’nk:afar 4a=pe__riV:;d«
of three years.
Kms*