IN THE HIGH eomzrr or KARNATAKA AT BANGAIAQRE
DATED THIS THE 215? DAY OF OCTOBER,
:PRESENT: _ ' A .A
THE lE~ION'l3LE MR.JUsf.;f;{oE 4- _ "
AND 4' u M V'
THE lE~ION'BLE Ma.JIIs1j1cE'r1,'s;KEn§:¥;a42ai§:a
M.F.A.No. 2005
Between: 'A
Shri. Putta1'ah.A.S.
S/0. Late Sidda._iah_, .
Aged about 34 2: A '
OcC:Business',~A19a1ike1'eA; __ 4'
Srinivasan3aga_1:*A. ' "
BSK any stage,'''* 3:'
Bangalore. " « .. fl
A ' - ....Appel1ant
[By Smti C. UmadA'ei\_raw1:.a,n.--AdvoCate)
x,.§_.n_£1_: _
1. ' ----- ~ "
S/of .Han"o_n1anth Shetty.
AA AM.Gv..R'oad, Bangalore.
'._(By fSfi.A.Ananda Shetty. Advocate for R1;
"SrAirvaAmpv'u.1ja, ---- Hosdurga Taluk,
=."Ch1t~rar1vurg'a. Dist.
2; "TheV_Regio'1ial Manager,
United India Insurance C0,, Ltd.,
.. Respondents
Jwala Kumar, Advocate for R2)
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This MFA is filed U/S 173(1) of MV Act against the
judgment and award dated: 01 / 01/ 2005 passed in
2021/2003 on the file of the I Addl. Judge, COtJ.Ii.Qf._SIl’i8.11
Causes and Member, MACT, Bangalore. (SCCH~I1.;_’_V:—.pg1rt1j2
allowing the claim petition for compensation. arid-..seeking
enhancement of compensation with interest at PA.
This M.F’.A. Corning onfor–..LHearing
N.K. PATIL J, delivered the fo11owi’ng:’–._ ” v . ‘~ *
V’
This appeal byppthe is’di1’e.cte:<§:1 against
the impugned judgmuentarid 01/ 01/ 2005
passed in Ciipjifio. '_onVVtPiieVV'Vii1e of the I Addl.
Judge, and Member, Motor
Accidevnt" (SCCH–11).
[hereiriafter Tribunal’ for short).
_ ~ its . and award. the Tribunal has
A.surnV’of””?23,0OO/– with interest at 6% p.a.,
i’Ijo_r”ri”_of petition till realization as against the
elairn the appellant for a sum of ?’6,00,000/~,
on aécotlnt of the injuries sustained by him in the road
it A ‘ accident.
3. In brief, the facts of the case are:
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The appellant claims to be aged about 32 years
and doing business. He was hale and healthy
the accident. That at about 8.30 p.m., on .
appellant was going along with_l1is fieari “‘
Gungarabhavi on the extreme left side’ oi’».thell’roa.d–,.y at]:
that time, a bus bearing”lKeg.No.K.1i.17_.A.lf3?”4…..came
from his behind driven by :yj.t.s:fdrivVer land
negligent manner due to
which, he fell: of his right
clavicle, lgnee,itrighltwclavicle and also
sustained”ch.est he was shifted to
NIMI”IAl\lSl shifted to Tiptur hospital
for treatment i_?é7he1?einv_he°yvas treated as inpatient for 44
spentlfreasonable amount towards medical
._eXpenses,_conveyance and other incidental charges. On
acco4unt.oi° injuries sustained by the appellant in the
accident, he has suffered permanent disability and
A has assessed the disability at 25% to the right
if ..1_J.,pper limb and at 12% the whole body. Therefore,
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reasonable compensation towards pain and sufferings and
towards medical expenses and therefore, it does notxcalleyfor
interference.
6. However, the Tribunal has erred awarding ._
reasonable compensation towardsf_loss,_of a1_ne4nit.ie’s.;o_pf ‘life;
discornforts and unhappiness, and” alsoi.verre’d’ in:
awarding any compensation conveyance nourishing
food and attendant income
during the period of it needs to be
awarded. It in:i.disp’ute of the injuries
sustained taken treatment as
thuereaffter, follow up treatment,
durinédthdat have spent considerable amount
towards co’nveyanVce,A’notirishing food and attendant charges
:_-suffered firiancially as he could not attend his work
“and. i;s_’viewV ‘of the injuries sustained, he has suffered
‘pern1anentj__ disability and the Doctor has assessed the
disability at 25% to the right upper limb and 12% to the
:whole body, it is permanent in nature and he has to suffer
Vfthis through out his life. Taking all these factors into
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consideration. we award a sum of ?20,000/– towards
conveyance, nourishing food and attendant charges,
?10,000/ — towards loss of amenities of life, discomfo.rts,:and
unhappiness and a sum of ?5,000/– towards .
during the period of treatment.
‘7. For the foregoing reasons,’-._the_p'”impugned’judgine’nt_’
and award passed by “Ti’ib1iIA’l{-11′. is to; be
modified. The total oompens:atio1’i,_»payabie comes to
?58,000/–. i
8. Accordingly, in part and
the imvpiuagiiiedxd and….vaward passed by the
Tribunal V /2003 stands modified,
awarding at”aon1pen_sa’tion…of ?35,000/– with interest at 6%
the the petition till its realisation in
‘adVd’itio11,,tot compensation awarded by the Tribunal.
‘.V–‘.T,jns,’t.1vV1’er is directed to deposit the enhanced
aucomperidsation of ?35,000/~ with interest at 6% p.a.,
A the date of petiti til} the date of realisation,
‘X/MW,”
within two Weeks from the date of receipt of a Copy
this judgment and award.
The enhanced compensation shall be released
favour of the appellant, in1m3diate1_\I,»~on4degjeeivt’
Insurer.
Draw the award,
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