IN THE HIGH COURT OF KARNATAKA AT BANGALORE . DATED THIS THE 20"' DAY OF AUGUST 2010 A A BEFORE THE HON'BLE MR. JUSTICE JAWAD RA1+H'i'\'/i= 7). A MFANo.12052/2o07uvm j; ' A BETWEEN ' * Smtlndiramma, W/0.Seshegowda, Aged about 54 years, R/aflevalakere, Saka1eshpuraTa1uk, -. V : Hassan District. V -- " .A;pp.'e-llant (By Sr}. K Venkate--Vfi3rr9_\2s?t:ié::2?1.'. Ariv__.) if; . A 1.
B M ‘Ara’s’e’ff-G§1wda.._ — ‘ ‘
S’/Q. Manj e_ G.owd’a__,’ ” ‘ «
Aged,ab0ut._62ye.§Li”s,
; ‘ Coffee Planter, ”
” R] a .Banke11.ah.al1i,
Moodigere Taluk,
” _ Céhfigimagalur District.
‘ The Oriental Insurance Co. Ltd.,
— its; Manager, Branch Office,
* K”;M Road, Hanumanthappa Circle,
C3’hi}.-irnagalur. ..Resp0nc1ents
.’ A Ravishankar, Adv. for R2]
This MFA is filed under Section 173(1) of the M V
Act, praying to enhance the compensation suitably as
claimed by the appellant in MVC No/129/2002 on the
file of Additional District Judge and Motor Accident
Claims Tribunal at Chikmagalur dated 1 1.6.2007}-.._4
This MFA coming on for admission
Court passed the following:
JUDGl1fiEl\l_’f” .1, .; A
This is a claimants_appeal*ag’ainst_the
A dated 11.6.2007 in MVC 1\1a.§§<i29/2O'02ip_i"pas§le§d by the A
Additional MACT seel$:ir1«g e-nhancfirteiit.
2. The a_ppellant before the
Tribugnalll suffered on the
plea on at 11.00 p.1n. while he was
travfellingli’11._:la’»j.eep’- bearing Regn. No.KA-18:M 1931,
‘l V. all’eging that thehdritrer had driven the vehicle in a rash
1 land’ “negligentvernanner with excessive speed and the said
Vehicle’ ‘capsized, consequent to which she suffered
.inj_uries: She sought compensation on the plea of
if ‘._pl1y’sical disability suffered by her.
3. As could be seen from the evidence on record, the
injuries suffered by the claimant in a motor vehicle
accident is not in dispute. Having exam_inVed_:ll~the
records, I am satisfied that the
established that she suffered the followir1glliri;iii;rie’szp”‘
eaaid 303;? K3Jac°d’&£JOcI5 3498.399.
c§)C§%U@} 2.30356′ ra?dcZ?e;_). » _’
mange mp 302355 2
iixaoaaci cJe1>23rUc°§; é3–12 a5(t;e1$’2apyl’a5.1n§cfino3a59fis’g,l}
zoazgaricj :oc°e?a$ scat; a¢éc:$a£§;e’c*fi§§g_,
<.J1;iAS.oi_'\3:"
4. The appellant is suffered 40%
physical ofillowerl li”rnbl’:–and..l:l20% of the whole
body.’.,_ was agriculturist and she
lost her ~regu1ar- to physical disability, she
soughlt acompensatioin. The injury suffered by the
. appel]ari.t,,vvhich according to doctor, has caused severe
physiclallllliinpairment in functioning of the lower limb is
~V evidentflfroni the evidence on record. Due to the said
she may not be able to work as agriculturist.
Tribunal has awarded Rs.20,000/« towards pain
“and suffering and Rs.10,000/– towards medical
R
4
expenses. The award towards pain and suffering of
Rs.20,000/– is on the lower side, which needs to be
enhanced atleast Rs.30,000/~. The amount awarded for
medical expenses and incidental charges is based on
the proof produced by the appellant and
reasonable. However, learned counsel appellant,
rightly points out that no amo:unt_is
physical disability suffered’ at 40’%__oi” to
20% of the whole body. Thottgh Tribfunal has
awarded compensation” loss of income,
but no “aw’ar:ded towards loss of amenities in
life. Ience undejr._tliis”‘lhead, a reasonable amount of
awarded. As regards the future income
” it is”l’con-cerneyd, th¢”fi}1?io1e body disability at 20% is taken
The Tribunal has chosen the
m’u._ltip_l’ierAfvwhile awarding the compensation towards
loss future earning, which is on the higher side. In
of the SaralaVarma’s case, the multiplier ‘ll’ is
” ‘-“applicable. Hence, the amount comes to Rs.79,200/–
aw
{
5
(36,000/– X 1 I = 3,536,000/– divided by 20% = 79,200/–
p.a.) under the head loss of future earning. But at the
same time, I noticed that no amount is awarded towards
laid up period, which could be taken as
Hence, Rs.6,000/- is awarded under if
the result, the award is rnodified
under the following heads;
Pain 8: suffering Rs.30–,Q’00/~
Loss of amenities , Rs_.20,000.,/-4′
Loss of income during ‘_ V ~
laid up period ‘ it /-
Incidental charges ‘-~. “R3 .,,,9..’*()’OO/-
Medical expenses». j ‘l~0,000/–
Loss of futiiite i1;ic’oI11e”. _–_ V ” R’s’;79,200/–
V »»4Tota1 Rs.1,50,200/-
The fluenhanhced’- compensation shall carry 6%
i * intieres’t’toi’3:)e deposited Within four weeks from now.
* ‘rh;$’a”%?§i*:déda1 is ailowed in part.
Sd/-=
Iudge
